Case law

Opinion Number

Louisiana Attorney General Reports · Aug 28, 2006

Because the exemption has not been requested in the past, you are requesting a clarification regarding the qualifications which must be met in order for a company to qualify for the exemption. … Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and *Page 2 affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1 st Cir. 1991) writ denied.

Larpenter v. Vera

District Court, E.D. Louisiana · Aug 12, 2022

“To defeat qualified immunity, the plaintiff must show that the official's conduct was objectively unreasonable in light of a clearly established rule of law.” Vincent v. … Callahan, the Supreme Court explained that an officer is “entitled to qualified immunity where clearly established law does not show that the conduct violated the Fourth Amendment.” 555 U.S. 223, 232 (2009).

Christopher Cross, Inc. v. United States

363 F. Supp. 2d 855 · District Court, E.D. Louisiana · Aug 9, 2004

It is well established that “[t]he United States enjoys sovereign immunity from suit,” and that its “immunity can be waived only by act of Congress.” Rothe Dev. Corp. v. … The penalties in this case, assessed under 26 U.S.C. § 6656 and 26 U.S.C. § 4481 , do not qualify as deficiencies for which notices of deficiencies must be sent.

Bradford v. Johnson

641 So. 2d 222 · Louisiana Court of Appeal · Aug 19, 1994

This statutory language clearly and unambiguously establishes the right to object to the candidacy of a person within the specified time frame of seven days after the close of qualifications for candidates. … Clearly, Johnson has not resided in District Five for one year prior to his qualification.

Franks v. City of Alexandria

128 So. 2d 310 · Louisiana Court of Appeal · Mar 22, 1961

Legislature could not waive the sovereign's immunity from tort liability. … In our opinion the above quoted provision of the Constitution, as amended in 1960, clearly authorizes the Legislature, by resolution, to waive the sovereign immunity of a municipality from tort liability.

Wayne v. Capital Area Legal Services Corp.

108 So. 3d 103 · Louisiana Court of Appeal · Sep 26, 2012

We reasoned that the fact that Community Advancement, Inc. was organized under the legal mechanics of a private non-profit corporation law of Louisiana should not immunize it from the Open Meetings Law. … Additionally, CALSC’s summary judgment evidence established that it receives money from the State’s Elderly Protective Services Program, pursuant to a contract to provide legal services to qualified elderly persons, and also

Lockett v. STATE DEPT. OF TRANSP. AND DEV.

844 So. 2d 949 · Louisiana Court of Appeal · Apr 2, 2003

In addition to the age and citizenship requirements established pursuant to La. Const. Art. 5 § 33, the qualifications of a juror are delineated in La. R.S. 13:3041, which tracks La. C.Cr.P. art. 401. … Therefore, we find no manifest error in the jury's finding that DOTD was negligent, and the jury's attribution of sixty-five percent fault to DOTD is not clearly wrong.

Mayhorn v. McKinney

793 So. 2d 225 · Louisiana Court of Appeal · Jun 20, 2001

Applied in the context of vendors who are not business establishments, such liability is referred to as "social host liability." Louisiana enacted La. … The record in the case sub judice clearly reveals that Mr. Triggs provided alcoholic beverages as a social host at his retirement party. In addition, Mr. Mayhorn *230 was 35 years old at the time of the incident and Ms.

Arvel v. City of Baton Rouge

234 So. 2d 458 · Louisiana Court of Appeal · Apr 13, 1970

This stake, which protruded some 12 inches from the ground, was placed within a clearly visible footpath leading from the center of the gate to the front steps of the *461 plaintiffs’ home. … The defendant-city in the Cook case had filed an exception of no cause or right of action on the theory of governmental immunity.

Brown v. ANA Ins. Group

965 So. 2d 902 · Louisiana Court of Appeal · Jul 18, 2007

Clearly, the appointment of assistants is authorized under the Insurance Code. La. R.S. 22:743. … The only exceptions to immunity are clearly listed in LSA-R.S. 9:2798.1 C.

Francis v. Mouton

District Court, W.D. Louisiana · Sep 10, 2025

To overcome the affirmative defense of qualified immunity, a plaintiff must show that the government official violated clearly established statutory or constitutional rights of which a reasonable person would … neither legal authority nor any allegations to challenge Officer Mouton’s qualified immunity defense, Defendants’ Motion regarding qualified immunity is GRANTED. C.

Herbert v. New Orleans City

District Court, E.D. Louisiana · Aug 10, 2020

In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional … Where a public official invokes qualified immunity as a defense to a civil action against him, the plaintiff has the burden of establishing a constitutional violation and overcoming the defense. Jackson v.

McCurdy v. Ault

654 So. 2d 716 · Louisiana Court of Appeal · Apr 7, 1995

Finn was a qualified chiropractor at the time of trial, the record clearly reveals that he was not a licensed chiropractor at the time of McCurdy's treatment by the defendants. Additionally, Dr. … is clearly wrong.

Abney v. Exxon Corp.

755 So. 2d 283 · Louisiana Court of Appeal · Sep 24, 1999

The appellate court determines that the record establishes that the finding is clearly wrong (manifestly erroneous). Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). … Thus, once an intentional act is established, the plaintiff is entitled to exemplary damages as provided by law if sufficiently proven.

Owens v. Smith

541 So. 2d 950 · Louisiana Court of Appeal · Mar 29, 1989

Defendants' contention is, however, that one who becomes a possessor to the extent that he has the right to maintain a possessory action is immunized *955 from standing in damages for his act of trespass in taking possession … As we have decided that the fence in question failed to qualify as a visible boundary within the province of LSA-C.C.

Adams v. Walker

District Court, E.D. Louisiana · Dec 9, 2021

Dismissal Based on Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … right that was clearly established at the time of Moody’s actions but also to allege the violation of any constitutional or statutory right at all.15 Therefore, to the extent Plaintiff’s stigma-plus claim is

Conners v. Pohlmann

District Court, E.D. Louisiana · Mar 29, 2021

“The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if … Becnel first argues she is entitled to qualified immunity because the law in this area is not clearly established. This argument is meritless.

Khiry Cosey on Behalf of Her Minor Children, Corbin Hilliard and Alyssa Hilliard Individually and on Behalf of the Estate of Reginald Hilliard, Jr. v. Flight Academy of New Orleans, LLC; Jazz Aviation, LLC; Qbe Insurance Corporation; Christiansen Aviation, Inc.; Abc Insurance Company; Signature Flight Support Corporation; Allianz Global Corporate & Specialty Se; The Estate of James Biondo; And Def Insurance Company

Louisiana Court of Appeal · Jan 18, 2023

This presumption, the Supreme Court observed, can be rebutted by establishing one of three statutory exceptions. … Biondo was FANO’s employee, as established by the employment contract between Mr. Biondo and FANO dated February 2016; Mr.

Skinner v. Gautreaux

District Court, M.D. Louisiana · Nov 7, 2022

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … The Fifth Circuit recently clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity: The Supreme Court has now made

Filmore Parc Apartments II v. Norman White, Chief Financial Officer and Director of Finance, City of New Orleans; Erroll Williams, Assessor, Orleans Parish; And the Chairman, Louisiana Tax Commission

Louisiana Court of Appeal · Feb 14, 2025

that a purely private entity can qualify for the constitutional exemption if the property and revenue are dedicated to a public purpose. … Here the facts clearly establish that Filmore solely and exclusively has provided the public service of affordable housing since 1995 when the property was acquired by Mirabeau Family Learning Center, Inc., a nonprofit