Case law

Willis v. Ochsner Clinic Foundation

13 La.App. 5 Cir. 627 · Louisiana Court of Appeal · Apr 23, 2014

R.S. 40:1299.44(D)(2)(b)(xi) establishes that the PCF’s claim for indemnity is limited in two respects. … Where the qualified health care provider or its insurer has settled a medical malpractice claim for the statutory limit of $100,000, the LMMA expressly provides that the liability of the QHCP is deemed “admitted and established

Tri-Millennium v. Jena Band of Choctaw

725 So. 2d 533 · Louisiana Court of Appeal · Dec 16, 1998

SECTION 12—SOVEREIGN IMMUNITY WAIVER Jena Choctaw hereby waives its immunity from unconsented suit for the purpose of enforcing the terms of this Agreement in a court of competent jurisdiction. … The provisions of both the Memorandum of Understanding and the Development Agreement clearly support that *539 conclusion.

State v. Damico

213 La. 765 · Supreme Court of Louisiana · Apr 26, 1948

The chief of police had not qualified as an expert, nevertheless the judge permitted him to testify as such. … If a witness is permitted to express opinions without first qualifying and the judge subsequently determines that he was not qualified to express such opinions there would be no way of determining to what 'extent either a

State v. Edwards

287 So. 2d 518 · Supreme Court of Louisiana · Dec 3, 1973

Bills 6, 7, 8, 9 & 10 A brief narrative of the facts will establish the setting for these bills and delineate the context in which they should be judged. … The statements, to which the defense objects, made by these victims under these circumstances were clearly "events speaking for themselves under the immediate pressure of the occurrence, through the instinctive, impulsive

State Board of Medical Examiners v. McHenery

69 So. 2d 592 · Louisiana Court of Appeal · Dec 29, 1953

"In order to clearly understand the issue presented it is helpful to refer to Vol. 31 C.J.S. … it by their testimony, and when they fail to furnish evidence clearly within their power all the presumptions of law are against them.'

Heindel v. Harley-Davidson Motorcycles

467 So. 2d 641 · Louisiana Court of Appeal · Apr 22, 1985

The denial of trial by jury in civil cases began with the concept of sovereign immunity which is of jurisprudential origin in Louisiana. The state is immune unless it expressly waives its immunity. … XII § 10 of the 1974 Constitution clearly abrogated governmental immunity in Louisiana in contract and tort: (A) No Immunity in Contract and Tort.

Abshire v. Livingston Parish

District Court, M.D. Louisiana · Feb 7, 2025

Taylor is not entitled to qualified immunity because the right of pre-trial detainees to necessary medical care is a clearly established Fourteenth Amendment right. (Id. at 18.) … Taylor’s qualified immunity. The Court need not reach the issue of whether the right was clearly established or whether the alleged denial of or delay in treatment resulted in substantial harm. Dr.

Opinion Number

Louisiana Attorney General Reports · Oct 11, 2004

and thus does not share in the governmental immunity. … Federal law requires states to provide basic child welfare services to qualify for funds to combat abuse and neglect.

Luther v. Iom Co.

130 So. 3d 817 · Supreme Court of Louisiana · Oct 15, 2013

In this case, the Board is clearly a governmental “agency,” as de *826 fined by LSA-R.S. 49:951(2), meaning a state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy … In support of its motion for summary judgment before the district court, the PCF established that the defendants were not enrolled or qualified for coverage with the fund until November 16, 2007, after the tortious conduct

Skinner v. Gautreaux

District Court, M.D. Louisiana · Jul 20, 2021

, to survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts, which, taken as true, show that the defendant violated his constitutional rights which were clearly established … immunity defense.75 Therefore, based solely on Plaintiff’s failure to adequately allege and support a clearly established right in order to defeat qualified immunity, and without regard to the substantive viability of

Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Authority

2000 La.App. 4 Cir. 1552 · Louisiana Court of Appeal · Mar 20, 2002

Specifically, in order to raise this defense, the Convention Center must establish the requirements as set forth in Black v. McDermott Intern. Inc., 96-2062 (La.App. 4 Cir. 4/2/97) , 692 So.2d 724 . … Allen did not clearly demonstrate an intention to acquiesce and abandon her right to appeal. See Schneider v. Mayo, 94-527 (La.App. 3 Cir. 12/7/94) , 647 So.2d 606 ; Brewster v.

Stewart v. Schmieder

386 So. 2d 1351 · Supreme Court of Louisiana · Jun 23, 1980

It has been called "in reality, a form of sovereign immunity." Adams v. State of Alaska, 555 P.2d 235, 241 (Alaska 1971). … Atteberry was not qualified as a structural engineer to review those calculations.

Smith v. Xerox Corp.

718 F. Supp. 494 · District Court, E.D. Louisiana · Jul 7, 1989

On November 18, 1987, this Court granted Xerox’s Motion for Summary Judgment on the grounds that it was entitled to assert the governmental contractor defense and therefore had qualified immunity from any liability against … Paragraph 8, for example, the most detailed in the contract, establishes precise repair turn-around and delivery requirements that could be exclusive of user safety.

Cole v. Celotex Corp.

588 So. 2d 376 · Louisiana Court of Appeal · Jan 30, 1992

Clearly, as shown by Dr. Hammond's testimony and the report itself, it is over thirty years old. Defendant cites Dartez v. … The EPA and OSHA position papers clearly fall within this exception.

Bourgeois v. Puerto Rican Marine Management, Inc.

589 So. 2d 1226 · Louisiana Court of Appeal · Nov 19, 1991

Bernard, Pettis, who investigated the scene of the accident, was qualified by the court as an expert in accident reconstruction. … Therefore, the jury clearly abused its discretion in setting the awards.

State v. Cinel

619 So. 2d 770 · Louisiana Court of Appeal · May 27, 1993

However, he also testified that he did not even consider these items until after it had been established that the State could not prosecute Cinel on the videotapes. … Again, this court should not disturb the finding of the trial court unless it is clearly contrary to the evidence which is not the case on this issue. State v. Cashen, supra .

Abdul Aziz v. Washington

District Court, E.D. Louisiana · Dec 15, 2023

‘clearly established’ at the time of the challenged conduct.” … Oct. 6, 2021) (holding that plaintiff’s probation officer was entitled to qualified immunity for failing to file correct paperwork because her conduct did not violate “clearly established” law, as “[i]ndividuals do not

Brown v. Bihm

District Court, W.D. Louisiana · Jul 19, 2023

The doctrine of qualified immunity protects government officials from liability under § 1983 if their conduct does not violate “clearly established constitutional or statutory rights of which an objectively … A plaintiff seeking to defeat qualified immunity must show (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct.

Moore v. Crystal Oil Co.

626 So. 2d 792 · Louisiana Court of Appeal · Oct 27, 1993

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. … The 1989 amendment clearly rejected those factors.

Advocacy Center for the Elderly & Disabled v. Louisiana Department of Health & Hospitals

731 F. Supp. 2d 583 · District Court, E.D. Louisiana · Aug 9, 2010

Sovereign Immunity The Court addresses defendants’ subj ect-matter-jurisdiction challenges first. 17 Defendants first assert that the doctrine of sovereign immunity bars all claims asserted against the Louisiana Department … A suit that is barred by sovereign immunity is not precisely the same as one that is barred for want of subject-matter jurisdiction; unlike subject-matter jurisdiction, sovereign immunity is waivable. See Wis.