Case law

Simeon v. Doe

618 So. 2d 848 · Supreme Court of Louisiana · May 24, 1993

It has long been a well-established *858 rule that in sales of food for domestic use there is an implied warranty that it is wholesome and fit for human consumption. Race v. … PERSONS WITH LIVER, STOMACH, BLOOD, OR IMMUNE SYSTEM DISORDERS.

Board of Supervisors of La. State Univ. v. Lewark

281 So. 2d 706 · Supreme Court of Louisiana · Aug 20, 1973

Material may not be posted on bulletin boards, walls, or doors except in accordance with the rules established for each building. … On the other hand, some groups who did not qualify were denied authority.

Cunningham v. Marullo

2014 La.App. 4 Cir. 0931 · Louisiana Court of Appeal · Sep 3, 2014

If Judge Marullo had not been a sitting judge but simply a lawyer admitted to the practice of law for at least eight years, he clearly would have qualified as a candidate for the November 2014 election. … This is clearly illustrated by the Louisiana Supreme Court case of In re Wingerter, 621 So.2d 1098 (La.1993), following the 1988 Giepert decision.

Babinski v. Queen

District Court, M.D. Louisiana · Aug 17, 2022

established at the time of the violation.63 Babinski offers two arguments as to why qualified immunity should be denied. … Luna, the Supreme Court stated the principles relevant to the clearly established inquiry: The doctrine of qualified immunity shields officials from civil liability

Stevenson

District Court, M.D. Louisiana · Jan 8, 2026

was ‘clearly established’ at the time of the challenged conduct.”69 Plaintiff has the burden of proving that the qualified immunity defense is not available by making these two showings.70 … As to the second qualified immunity prong, the rights allegedly violated by Lavespere were clearly established at the relevant time. On this point, the Fifth Circuit in this matter cited Jackson v.

Marsh Engineering Inc. v. Parker

4 La.App. 3 Cir. 0509 · Louisiana Court of Appeal · Sep 29, 2004

"[W]hen an immunity from suit is classified as personal, an insurer may not plead the immunity as a defense to a suit under the Direct Action Statute." Liberty Mut. Ins. Co. v. State Farm Mut. Auto. Ins. … Louisiana courts have held the following immunities to be personal to the insured and therefore unavailable to the insurer: interspousal immunity, parental immunity, governmental immunity, charitable immunity, minority, bankruptcy

Whetstone v. Dixon

616 So. 2d 764 · Louisiana Court of Appeal · Apr 28, 1993

Dixon made the trip at the request of the deacon board, and the trip clearly was not coincidental with any personal mission. … In this case, the facts which would establish Dixon's relationship with Faith and Truth are not in dispute.

Eastwood v. Niblett's Bluff Park Authority

137 So. 3d 1200 · Supreme Court of Louisiana · Apr 17, 2014

The undisputed evidence in the record establishes the majority of the park’s funding came from local property taxes. … However, defendants' actions were clearly not grossly negligent, nor did defendants act with intent to cause injury or with indifference to the consequences of their actions. See DeLaFosse v.

State v. Sanford

218 La. 38 · Supreme Court of Louisiana · Jun 30, 1950

with respect thereto will not be disturbed on appeal unless clearly not supported by the evidence. … 'The defendant did not himself take the stand or offer any countervailing evidence, ■or in any way establish the contrary to- be true.

Ruben E. Williams v. Touro Infirmary, a Non-Profit Corporation

Louisiana Court of Appeal · Dec 20, 2023

Williams might have suffered were due to an open and obvious condition, and also sought to invoke the qualified immunity afforded to health care providers during a declared state of public health emergency,2 codified under … Williams could not prove that Touro was grossly negligent under the heightened standard of qualified immunity provided for under the Louisiana Health Emergency Powers Act (the “LHEPA). 5 Louisiana Code of Civil Procedure

Haik v. Allstate Insurance Co.

2009 La.App. 4 Cir. 0860 · Louisiana Court of Appeal · Mar 31, 2010

We find that the trial court was not manifestly erroneous or clearly wrong and affirm. … is clearly wrong or manifestly erroneous.

Wells v. State Through Dept. of Highways

450 So. 2d 1027 · Louisiana Court of Appeal · May 30, 1984

They contend that the fact that ViCon contracted to do work and then contracted with another for performance of the work is sufficient to establish statutory employer status. We agree with defendants' contention. … Quaid's affidavit clearly shows that ViCon contracted to do work for the State of Louisiana and then contracted with Fortenberry to perform part of the work. In doing so, ViCon became the statutory employer of Wells.

Travis v. Spitale's Bar, Inc.

2012 La.App. 1 Cir. 1366 · Louisiana Court of Appeal · Aug 14, 2013

chronic illness of the liver, stomach, or blood, or those with immune disorders. … The Louisiana Sanitary Code, Chapter 11, # 1109, requires the following warning: “All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at the point

State v. Davis

208 La. 954 · Supreme Court of Louisiana · Jun 29, 1945

Brice claimed immunity when questioned about his duties as bookkeeper for defendant. … The identified tickets, which were clearly admissible, were links in the state’s chain of' proof.

Smith v. Bd. of Comm'rs of the La. Stadium

385 F. Supp. 3d 491 · District Court, E.D. Louisiana · May 14, 2019

Plaintiff was a qualified individual with a disability. … The Court found France, sued in his official capacity, is entitled to sovereign immunity on Plaintiff's damages claim against him. Id.

State v. Montgomery

257 La. 461 · Supreme Court of Louisiana · Nov 9, 1970

“The periods of limitation established by Article 578 shall commence to run anew from the date the cause of interruption no longer exists.” … Clearly, defendant’s conduct did not fall within this category.

Snyder v. Taylor

523 So. 2d 1348 · Louisiana Court of Appeal · Mar 30, 1988

Here DOTD failed to establish when the intersection was built and whether it then met standards in effect. … The co-employee, like the employer, even though negligent, is absolutely immune from tort liability at all levels, even from contribution to another tortfeasor who is not immune.

Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV.

656 So. 2d 650 · Louisiana Court of Appeal · Jun 21, 1995

against sovereign immunity in tort and contract suits." … sovereign immunity.

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 2020

Further, even if he was deliberately indifferent, he is still entitled to qualified immunity because no case clearly established the unlawfulness of Crowson’s actions. … Did Crowson violate “clearly established” law? The second prong of the qualified immunity analysis asks whether the right in question was “clearly established.”

Frederick v. LeBlanc

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

for damages unless they violate clearly established law.’”35 The United States Supreme Court has “mandated a two-step sequence for resolving government officials' qualified immunity claims.”36 First, a court must decide … Gusman, for example, this Court concluded that Secretary LeBlanc and another supervisory official at DPSC were not entitled to qualified immunity because they were deliberately indifferent to prisoners’ clearly established