Case law

Hebert v. Richard

166 So. 3d 1265 · Louisiana Court of Appeal · Jun 17, 2015

Thus, Industrial must have produced factual support sufficient to establish that it would be able to meet its burden of proof at trial on this issue. … from tort ... both the lending and borrowing employers are immune from suit in tort.”

Archon v. Union Pacific RR

657 So. 2d 987 · Supreme Court of Louisiana · Jun 30, 1995

On the other hand, the lengthy delay of over six years in effectuating a decision already made is not a discretionary call that qualifies for similar treatment. III. … Finally, we find nothing manifestly erroneous or clearly wrong in the lower courts' determination and allocation of fault to DOTD, the Allen Parish Police Jury, the Railroad, and Archon.

Porter v. Lemire

District Court, E.D. Louisiana · Aug 16, 2024

immunity because he has not alleged the violation of a clearly established constitutional right. … A state official sued in his individual capacity for damages may assert a qualified immunity defense.76 This immunity is defeated if the official violated clearly established statutory or constitutional rights, of which

Feary v. Regional Transit Authority

688 F. Supp. 1108 · District Court, E.D. Louisiana · Jul 13, 1988

Nor may the Court consider the RTA to have waived its right to have its case tried solely in Louisiana state court. 2 The Louisiana legislature has established specific statutory provisions setting forth the rights and obligations … of governmental entities and has given no clearly expressed authority for its attorneys to waive any requirement that suit be limited to state court.

Credit v. Richland Parish School Board

61 So. 3d 861 · Louisiana Court of Appeal · Apr 13, 2011

The immunity from liability established by this Section shall not apply to any action or statement by a school employee that was maliciously, willfully, and deliberately intended to cause bodily harm to a student or to harass … The plaintiffs claim that they allege at least 25 instances of failures or omissions on the part of school board employees which are clearly outside the specific guidelines for school employees behavior established by the

Southland Corp. v. COLLECTOR OF REVENUE FOR STATE

321 So. 2d 501 · Supreme Court of Louisiana · Nov 3, 1975

Where they are founded on no real distinctions in the subject classified and are clearly fanciful, capricious, arbitrary, or unnatural, they will be invalidated. State v. … Instead, the testimony in the record, not contradicted by the State, clearly establishes that the State, in auditing Southland's operations, which were computerized, received the company's full cooperation.

Russo v. Vasquez

648 So. 2d 879 · Supreme Court of Louisiana · Jan 17, 1995

LSA-R.S. 40:1299.44(C)(5) clearly provides that the liability of a health care provider is established by payment of the full monetary extent of that liability under the statute, $100,000.00. … Because the record in this case clearly indicates that the insurer only paid $95,872.65, the trial court's conclusion is incorrect.

State v. Caldwell Sugars, Inc.

185 La. 503 · Supreme Court of Louisiana · Jun 30, 1936

Couvillon, 164 La. 155 , 113 So. 801 , this court said: “An exemption from taxation is an exceptional privilege which must be clearly, unequivocally, and affirmatively established; provisions for such exemption being strictly … entitled to the' immunity, and that in such cases doubt is fatal.

Adams v. Hartford Acc. & Indem. Co.

525 So. 2d 1211 · Louisiana Court of Appeal · May 17, 1988

Therefore, LSA-R.S. 9:2795 does not provide immunity from liability in the instant case. This assignment of error is without merit. … The evidence clearly establishes that the prongs of the chain link fence caused the injury sustained by plaintiff.

Mix v. Blanchard

318 So. 2d 125 · Louisiana Court of Appeal · Sep 18, 1975

In fact, the evidence (apparently deemed credible) preponderates in favor of a conclusion that the Melpomene Street residence qualifies as Blanchard's principal establishment within the contemplation of C.C. art. 38, and … NOTES [1] Clearly 6109 Campus Boulevard is the matrimonial domicile of Mr. and Mrs.

State ex rel. Boone v. Ammons

47 So. 2d 370 · Louisiana Court of Appeal · May 24, 1950

At best this claim must be regarded as uncertain and speculative and cannot be held to overcome the clearly established facts above noted. … But clearly there is nothing inconsistent or irreconcilable iñ these provisions.

Larche v. Hannah

177 F. Supp. 816 · District Court, W.D. Louisiana · Oct 7, 1959

Congress has made no such authorization, and absent such an explicit authorization, the rules in these particulars are clearly ultra vires. … So, while the right of suffrage in federal elections is established in the Constitution, it is subject to the imposition of state standards which are not discriminatory (Lassiter v.

Daily v. Patterson

District Court, W.D. Louisiana · Nov 14, 2024

The next question, then, is whether the rights were clearly established. … Accordingly, defendants fail both steps of the qualified immunity analysis. Finally, defendants seek dismissal of the state law claims for failure to establish negligence.

Bennett v. Krupkin

798 So. 2d 940 · Supreme Court of Louisiana · Oct 16, 2001

And insofar as the parties have delayed litigating the merits of the case until the coverage issues are established. … The Board clearly has an interest in this action to claim that Dr. Krupkin is not a qualified health care provider, in that, if Dr.

Dale Hartley v. University of Holy Cross

Louisiana Court of Appeal · Jul 19, 2023

Well, there’s really a dearth of testimony regarding his attitude toward women, so the falsity of it, not clearly established, but not clearly not established. … Hartley points out that WC immunity does not exclude an employer’s vicarious liability for its employee’s intentional acts. See La. C.C. art. 2320; Baumeister v.

Boyd v. Louisiana Medical Mut. Ins. Co.

593 So. 2d 427 · Louisiana Court of Appeal · Dec 27, 1991

After examining the record, we cannot conclude the jury was clearly wrong in finding Dr. Coogan breached his duty to inform the Boyds of the risk associated with the vaccine. … The Sabin vaccine is easier to administer, does not require regular booster doses, provides intestinal and blood immunity (unlike the Salk vaccine which provides only blood immunity), and since the attenuated virus is secreted

Greater Livingston Water Co. v. Louisiana Public Service Commission

246 La. 273 · Supreme Court of Louisiana · May 4, 1964

If the obligation to assume jurisdiction is clearly imposed upon the Commission by the constitution, that authority controls until changed by an enactment of equal dignity — a constitutional amendment. … under that provision of the constitution, nor does it appear to qualify thereunder.

Babineaux v. Garber

District Court, W.D. Louisiana · May 11, 2020

Once the defendant raises a qualified immunity defense, the plaintiff carries the burden of demonstrating the inapplicability of qualified immunity. See Club Retro LLC v. … “[A]n official does not lose qualified immunity merely because a certain right is clearly established in the abstract.” Kinney v. Weaver, 367 F.3d 337, 350 (5th Cir.2004)).

Larvadain v. Rapides Parish School Board

348 F. Supp. 24 · District Court, W.D. Louisiana · Sep 22, 1972

It was established upon the trial of this matter that Mrs. Larvadain was first employed by the Rapides Parish School Board on a temporary basis during the Fall of 1968. … Larvadain was simply not qualified to be teaching even on the temporary certificate upon which she was teaching during the school year of 1969-1970.

Brumlow v. Shreveport

District Court, W.D. Louisiana · Sep 25, 2025

Brumlow opposes Defendants’ qualified immunity defense by arguing that qualified immunity is inapplicable because Officer Neal knew the warrant was stale when he sent it to the deputies with the DeSoto Parish Sheriff’s … The United States Court of Appeals for the Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly established that the circumstances