Case law

Niette v. Natchitoches Parish Police Jury

348 So. 2d 162 · Louisiana Court of Appeal · Oct 13, 1977

The four plaintiffs, three of whom are qualified electors of Ward 3, were engaged in the sale of alcoholic beverages from business establishments located in the unincorporated areas of Ward 3 when the ordinance was adopted … On January 25, 1977, the sheriff of Natchitoches Parish advised all business establishments in the unincorporated areas of Ward 3 to stop selling alcoholic beverages.

Kerr v. Smith Petroleum Co.

909 F. Supp. 421 · District Court, E.D. Louisiana · Dec 7, 1995

The Fifth Circuit found that “[a] non-operating'owner may indeed be a principal [under Louisiana law] and therefore a statutory employer immune from tort liability.” Id. … The Court refuses because “[i]t has long been established that a legally indistinguishable decision of this court must be followed by other panels of this court and district courts unless overruled en banc or by the United

Leflore v. Coburn

665 So. 2d 1323 · Louisiana Court of Appeal · Dec 28, 1995

Dayberry's affidavit an agreement establishing an independent contractual relationship between Hibernia Roofing and Mr. … Because the Ducote court found that the Worker's Compensation law provided no tort immunity for the doctor, the doctor's insurer had no immunity either.

Wright v. Louisiana State

District Court, E.D. Louisiana · May 22, 2023

In order for Wright to demonstrate that qualified immunity does not apply, he must show (1) that the defendants “‘violated a statutory or constitutional right, and (2) that the right was clearly established at the time … To rebut the defense of qualified immunity, Wright cannot rely on his allegations alone. Id. at 654. Here, Wright has offered no rebuttal whatsoever to defendants’ invocation of qualified immunity.

Winford Co. v. Webster Gravel & Asphalt

571 So. 2d 802 · Louisiana Court of Appeal · Dec 5, 1990

The testimony of Winford's and Haddox's presidents clearly did not stand alone. The court heard other Winford employees, in addition to the president of Webster, and a highly qualified civil engineer, Dillon. … NOTES [1] Appellants' other previously mentioned assignment, that the contractors failed to establish that the risk of loss or defects had been contractually assumed by Ark-La-Tex, is of little consequence.

State v. Causey

43 La. Ann. 897 · Supreme Court of Louisiana · Jul 15, 1891

is that two of the members of this court should be qualified to give vitality to a judgment rendered by the remaining qualified three. … There exists no established or fixed rule defining what shall be ■considered proof that a fair and impartial trial can not be had.

Francis v. Accardo

602 So. 2d 1066 · Louisiana Court of Appeal · Jun 29, 1992

the statutory grant of immunity in exchange for such privilege. … Since the extent or availability of immunity is not before this court, we express no opinion on that issue.

Opinion

Louisiana Attorney General Reports · Jul 18, 2011

It is well-established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. 2 *Page 2 Louisiana's … If those four requirements are met, then the nonprofit corporation must also clearly, unequivocally, and affirmatively establish that the property was not owned, operated, leased, or used for a commercial purpose unrelated

Anderson v. Tenneco Oil Co.

826 So. 2d 1143 · Louisiana Court of Appeal · Jun 19, 2002

STATE IMMUNITY The second issue we will discuss is whether La. R.S. 9:2791 and La. R.S. 9:2795 provide immunity to the State of Louisiana from liability to the fisherman. … The evidence established that as a result of this accident Mr.

Charleston v. Berry

723 So. 2d 1069 · Louisiana Court of Appeal · Dec 28, 1998

The Marshal successfully moved to dismiss that suit on a qualified-immunity defense. The Marshal then moved for summary judgment in this case, attaching in support thereof *1075 the affidavit of V. … This suit is remanded to the 21st Judicial District Court to permit plaintiff to amend her petition within thirty days to cure the defects of vagueness and nonconformity as raised by the City and to assert facts establishing

Cavalier v. Cain's Hydrostatic Testing, Inc.

657 So. 2d 975 · Supreme Court of Louisiana · Jun 30, 1995

The term "[i]f appropriate," used in both Article 1812C(2) and 1812C(3), clearly means if there is evidence from which reasonable minds could conclude "another person" or the plaintiff was at fault. … This provision and Article 2324 as a whole should be strictly construed against the derogation of the established rights of tort victims against tortfeasors. Touchard v.

Savage

District Court, M.D. Louisiana · Mar 2, 2026

Qualified Immunity The United States Court of Appeals for the Fifth Circuit determined that all remaining defendants were entitled to qualified immunity in connection with the plaintiff’s claims … Since the Court of Appeals determined that, at the time of the alleged removal of funds, there was no clearly established law that the plaintiff had a property interest in the proceeds from the sale of belts he made as

State v. James

459 So. 2d 1299 · Louisiana Court of Appeal · Nov 20, 1984

Fortenberry, supra, adopts the test established in Castaneda v. … Cox's explanation was an incorrect statement of the law but, rather, that it exceeded his qualified area of expertise. We do not feel that allowing Dr.

Bridges v. Mosaic Global Holdings, Inc.

23 So. 3d 305 · Louisiana Court of Appeal · Oct 24, 2008

(“IMC”), a Delaware corporation not qualified to transact business in Louisiana. In 2004, IMC changed its name to Mosaic, a | (¡corporation also not qualified to transact business in Louisiana. … a corporation also not qualified to transact business in Louisiana.

Stelly v. Department of Public Safety and Corrections Louisiana State, Office of State Police

District Court, E.D. Louisiana · Sep 1, 2023

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Courts have held that an employee has a clearly established right to be free from racial discrimination in employment and that racial discrimination in the workplace is not objectively reasonable under clearly established

Orellana v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · Nov 14, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”15 “There … Further, the Gates standard for the removal of children from school has been clearly established for almost a decade.35 Accordingly, Schlesinger is not entitled to qualified immunity at this stage. 2.

Foster v. Hampton

372 So. 2d 657 · Louisiana Court of Appeal · May 29, 1979

Article 12, Section 10 of the Louisiana Constitution of 1974 provides: “(A) No Immunity in Contract and Tort. … Clearly in light of these decisions, the “employer” of a deputy sheriff in this state is and has been the State of Louisiana.

Miller v. Poimboeuf

514 So. 2d 484 · Louisiana Court of Appeal · Aug 13, 1987

“In this case the evidence establishes that Dr. Poimboeuf is a registered voter of Sabine Parish. “Clearly, as a registered voter of Sabine Parish, Dr. … Considering the trial court’s findings, the testimony, and the law, the record clearly establishes that Dr.

Batton v. Georgia Gulf

261 F. Supp. 2d 575 · District Court, M.D. Louisiana · May 6, 2003

Everyone agrees — and it is clearly established in the law — that the LDHH, as a non-independent agency of the state of Louisiana, is not a citizen of any state. … In 1991, DHH amended Chapter IX, § 9:045 of the State Sanitary Code to read: "All establishments that sell or serve raw oysters must display signs, menu warnings, table tents, or other clearly visible warnings at point of

Becker v. Dean

2003 La.App. 4 Cir. 1561 · Louisiana Court of Appeal · Sep 5, 2003

Bernard Parish for at least two immediately preceding the time established by law for qualifying for office. Id., § 2.01(e). … Clearly, Dean’s judicial confession squarely contradicts his contention that the property located at 101 Dean Drive is located in St. Bernard Parish for the purpose of qualifying for the upcoming councilman election.