Case law

Sandoz v. Louisiana, Department of Revenue & Taxation (In re Oilfield Instruments)

53 B.R. 199 · District Court, W.D. Louisiana · Jul 23, 1985

The first of these consists of only one, although one rather lengthy, section which establishes the definition of terms to be used in the sections that follow. … Although Washington (supra) reaches a different result it clearly indicates that the court is not departing from Phillips and its progeny.

Plaisance v. Department of Highways

132 So. 2d 925 · Louisiana Court of Appeal · Jun 15, 1960

Also, the facts in the record are not disputed and they definitely *927 establish liability on the part of the defendant in that amount. On June 1, 1959, the Supreme Court in the case of Duree v. … both from suit and from liability,” the present case clearly falls into its purview, and the effects of the Duree decision are abrogated.

Legg v. City of New Orleans

219 So. 2d 798 · Louisiana Court of Appeal · Mar 3, 1969

All of these witnesses were qualified as experts in their respective capacities as traffic designers, engineers and planners. … “The evidence did not so establish any negligence in the design, construction and/or signing or marking of this intersection.

Miller v. Crowley

District Court, W.D. Louisiana · Oct 13, 2023

The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official's allegedly wrongful conduct violated clearly established

Stephens v. Natchitoches Parish School Board

137 So. 2d 116 · Louisiana Court of Appeal · Jan 29, 1962

In this action, therefore, the State of Louisiana has waived its immunity to suit and liability. … The rule which should be applied, and the factors which may be considered, in determining the amount to be awarded for loss of maintenance and support are clearly set out in the recent case of Pennington v.

Green v. Strickland

District Court, W.D. Louisiana · Mar 22, 2022

Qualified Immunity. Defendants raise the defense of qualified immunity in response to Plaintiffs’ § 1983 claims. … The doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacity “insofar as their conduct does not violate clearly established statutory or constitutional

Terrance v. Dow Chemical Co.

2006 La.App. 1 Cir. 2234 · Louisiana Court of Appeal · Sep 14, 2007

Based on our review of the evidence, the record clearly establishes a reasonable factual basis to support the jury's finding that the other entities listed on the jury verdict form were not liable for Mr. … As such, the jury's finding of Exxon's sole liability is not clearly wrong. These assignments of error lack merit.

Darren Lombard v. Elton Nobre and Jose Nobre

Louisiana Court of Appeal · Jun 18, 2024

R.S. 9:2800.19 immunity.4 Elton did not appeal the judgment, and no party directly raised consent or immunity under La. R.S. 9:2800.19 as issues on appeal. … We next turn to whether the district court’s allocations of fault were manifestly erroneous or clearly wrong.

Opinion Number

Louisiana Attorney General Reports · Aug 30, 2002

(B) Plan to establish reasonable procedures. — Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. (7 … It remains our recommendation that the domestic relations order clearly specify each plan to which such order applies.

Dileo v. Harry

238 So. 3d 549 · Louisiana Court of Appeal · Dec 13, 2017

Louisiana Supreme Court Rule XIX, Section 12, titled "Immunity," provides, in pertinent part: A. From Civil Suits. … "An appellate court may not reverse a ruling on a motion for involuntary dismissal unless it is manifestly erroneous or clearly wrong.

Dowl v. Redi Care Home Health Ass'n

2009 La.App. 4 Cir. 1300 · Louisiana Court of Appeal · Feb 3, 2010

establishing Dr. … Additionally, we find that Dowl has failed to establish that Dr.

BARABAY PROP. HOLD. CORP. v. Boh Bros. Const. Co., LLC

991 So. 2d 74 · Louisiana Court of Appeal · May 2, 2008

Contractor Immunity under La. … The contract between Jefferson Parish and Boh Brothers clearly contemplated a "public work" within the meaning of the Public Bid Law, La. R.S. 38:2211, et seq.

Frederick v. LeBlanc

District Court, M.D. Louisiana · Jan 18, 2024

immunity ‘protects officers from liability for damages unless they violate clearly established law.’”23 The United States Supreme Court has “mandated a two-step sequence for resolving government officials' qualified immunity … established. . .”29 “The plaintiff bears the burden of negating qualified immunity, but all inferences are drawn in his favor.”30 In denying a summary judgment based on qualified immunity, the Court must explain what

In the Matter of American Waste & Pollution Control Co.

580 So. 2d 392 · Louisiana Court of Appeal · Mar 15, 1991

Since these proceedings fall outside the waiver of immunity provisions, the legislature must waive sovereign immunity and provide a procedure before they can proceed. … As a corollary, the doctrine results also from the notion that where otherwise the government would be immune from suit, the waiver of sovereign immunity may be conditional. Id.

Pinkins v. Cardinal Wholesale Supply, Inc.

619 So. 2d 52 · Supreme Court of Louisiana · May 24, 1993

We find the trial court's denial of supplemental earnings benefits clearly wrong. … Plaintiff established through his vocational rehabilitation expert, Dr. Gorman, that he is unemployable.

Mocklin v. Orleans Levee District

690 F. Supp. 527 · District Court, E.D. Louisiana · Jul 18, 1988

Dalehite clearly comprehends the application of the discretionary function exception in the present case. … The Court finds that under the Fifth Circuit’s case law and, even more clearly, under Dalehite and Varig, the United States is immune from liability for the unfortunate death of the plaintiff’s son.

Reddoch v. Parish of Plaquemines

2013 La.App. 4 Cir. 0788 · Louisiana Court of Appeal · Mar 26, 2014

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … The descriptions in the Scott Report also state that "hypersensitive individuals” and those who are "immune-compromised” are more likely to notice the adverse health effects.

Versluis v. GULF COAST TRANSIT CO.

2008 La.App. 4 Cir. 0729 · Louisiana Court of Appeal · Jul 29, 2009

It is well-established that the trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and his judgment will not be disturbed by an appellate court unless clearly erroneous. … As such, the record clearly establishes that Mr. Versluis has documented medical issues. The record also establishes that there may and we emphasize may be some causal links between |sMr.

Verdin v. Cook

District Court, E.D. Louisiana · Jun 28, 2019

established law supporting his argument against defendants’ qualified immunity defense. … entitled to qualified immunity.

In re Hingle

717 So. 2d 636 · Supreme Court of Louisiana · Sep 18, 1998

Initially, the hearing committee found respondent’s conviction for public bribery clearly constituted a violation of the Rules of Professional Conduct. … However, in Pitará, we rejected a similar defense, concluding that the issue of specific intent was established in the underlying criminal proceeding.