Case law

Pitre v. AL JOHNSON CONST. CO.

94 La.App. 3 Cir. 290 · Louisiana Court of Appeal · Dec 20, 1994

We do not believe Pitre was being unreasonable in requesting a qualified therapist. … Penalties & Attorney Fees LIGA claims it is immune from penalties and attorney fees. La.R.S. 23:1201(E) and La.R.S. 23:1201.2 are punitive in nature and require strict construction.

Skinner v. Ard

District Court, M.D. Louisiana · Feb 3, 2021

Deputy McLin now claims qualified immunity. … “ ‘Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Kisela v.

Najolia v. Northrop Grumman Ship Systems, Inc.

883 F. Supp. 2d 646 · District Court, E.D. Louisiana · May 23, 2012

for federal officer immunity as a matter of law. … Najolia argues that GE and Westinghouse have failed to come forward with any competent proof establishing that they acted under a federal officer.

Brown v. Ebasco Services, Inc.

461 So. 2d 443 · Louisiana Court of Appeal · Dec 11, 1984

Defendants argue that the petition alleges only negligence, not an intentional tort, and that they are therefore immune by reason of the compensation law, R.S. 23:1032. … It is clearly not only a matter of L.P. & L.'s authority to construct such plants, but as we see it, it is also its duty to do so.

Crocker v. Borden, Inc.

852 F. Supp. 1322 · District Court, E.D. Louisiana · May 6, 1994

Plaintiffs argue that while Westinghouse may be able to establish the first two components of the defense, it simply cannot establish the third. … The causal nexus is established.

Oubre v. Louisiana Citizens Fair Plan

9 La.App. 5 Cir. 620 · Louisiana Court of Appeal · Nov 9, 2010

Citizens also contends it is entitled to statutory immunity. La. … Accordingly, we conclude that Citizens qualifies as an insurer pursuant to state statute and we further hold that Citizens is not entitled to immunity from the imposition of penalties in this case.

State v. Exxon Corp.

676 So. 2d 783 · Louisiana Court of Appeal · Jun 28, 1996

Even if the word "exemption" is not expressly used, an exemption is created if the effect of the *787 provision is to grant an immunity from taxation. … Exxon has neither established the absence of unresolved issues of material fact nor shown it was clearly entitled to judgment as a matter of law.

Landiak v. Richmond

900 So. 2d 191 · Louisiana Court of Appeal · Mar 23, 2005

Richmond clearly and expressly declared his intent for 4809 Eastview Drive to be his established domicile. Mr. … Where Dixon is clearly distinguishable from the facts sub judice is that the evidence did not prove that Hughes maintained more than one residence and therefore, domicile was established in the district where she resided.

Watkins v. Gautreaux

District Court, M.D. Louisiana · Jan 28, 2021

Defendant replies that he is entitled to qualified immunity. … For § 1983 and qualified immunity, the issue is (in part) whether every reasonable officer under the circumstances would know that Hammett’s conduct was unlawful under clearly established law.

Simmons v. Sabine River Authority

823 F. Supp. 2d 420 · District Court, W.D. Louisiana · Oct 3, 2011

Although defendants have not shown that plaintiffs are subject to the arbitration provision of the AEGIS Policy, the jurisprudence of this Circuit clearly establishes that this is not a requirement of the “relates to” test … It is now clearly established that land and water management issues are “traditionally significant to the States,” and thus constitute “traditionally local functions.” 13 Briar Meadows Developments, Inc. v.

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Apr 18, 2022

“In determining whether an official enjoys immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official’s actions … Having established that Plaintiff has met the first qualified-immunity prong, the Court turns to the second prong of the analysis: whether LeBlanc’s actions were objectively unreasonable in light of clearly established

Henderson v. Guillory

546 So. 2d 244 · Louisiana Court of Appeal · Jun 14, 1989

The record shows that the communication was made in good faith to the proper parties and was entitled to a qualified privilege. … in furtherance of a legitimate state interest, he was immune from a judgment for damages.

HONTEX ENTERPRISES v. City of Westwego

833 So. 2d 1234 · Louisiana Court of Appeal · Dec 11, 2002

R.S. 29:735 affords them immunity from all acts taken due to the state of emergency. … The facts as set forth in the various depositions clearly establish that restricting the water that was being discharged from Hontex's pumps caused the pumps to fail.

Rombach v. Culpepper

District Court, E.D. Louisiana · Aug 3, 2020

Qualified immunity protects a government official from liability for civil damages if his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … In evaluating a claim of qualified immunity, courts consider: “(1) whether an officer’s conduct violated a federal right and (2) whether this right was clearly established.” Charlot, 757 F.

State v. Marquer

446 So. 2d 1258 · Louisiana Court of Appeal · Feb 13, 1984

Detective Taplin was qualified as an expert in the field of drug abuse and distribution of drugs in New Orleans. … Chester's remarks about what his priorities should be were apparently addressed to defense counsel's questioning why some of the state's witnesses were given immunity.

Davis v. Peters

District Court, M.D. Louisiana · Jul 13, 2020

Qualified Immunity Because Defendants assert qualified immunity, Plaintiff “bears the burden of pleading facts that demonstrate liability and defeat immunity.” Shaw v. … The second step of the qualified immunity analysis is to determine whether Plaintiff has claimed a violation of a clearly established constitutional right which was in existence at the time of his incarceration.

State v. Gremillion

529 So. 2d 497 · Louisiana Court of Appeal · Jun 22, 1988

or qualified to give an opinion as to the cause of death. 5. … Caillouet was qualified to testify as an expert witness when he was not qualified as such. 6.

Willis v. Ean Holdings

2015 La.App. 1 Cir. 1538 · Louisiana Court of Appeal · Apr 12, 2017

Clearly, Empire is a private insurer and was in no way acting under the color of state law. Thus, Ms. Willis could not meet her bux--den of proving her Fourteenth Amendment claims. … Appeals are favored, and penalties for frivolous appeal'will not be imposed unless they are clearly due. Id.

In Re Katrina Canal Breaches Consolidated Litigation

627 F. Supp. 2d 656 · District Court, E.D. Louisiana · Mar 20, 2009

However, the case on which the Government relies is clearly distinguishable. … Clearly, there was no violation of any mandate and the decisions made were policy driven.

Campbell v. HOSPITAL SERV. DIST. NO. 1, CALDWELL PARISH

768 So. 2d 803 · Louisiana Court of Appeal · Oct 4, 2000

Although the plaintiffs did not offer deposition testimony from an expert in emergency medicine, the record clearly shows that the diagnosis and treatment of angina leading to a MI is not peculiar to the practice of emergency … room medicine and that plaintiffs' expert witnesses (both cardiologists) in this case were more than qualified to establish the standard applicable to Nguyen's care of Campbell that day.