Case law

Autin v. Terrebonne

612 So. 2d 107 · Louisiana Court of Appeal · Sep 10, 1992

The domicile of each citizen is in the parish wherein he has his principal establishment. … As in any case the factual findings of the trial court will not be disturbed on appeal unless clearly wrong. Villane v. Azar, supra .

Administrators of the Tulane Education Fund v. Board of Assessors

38 La. Ann. 292 · Supreme Court of Louisiana · Apr 15, 1886

The University is delivered to the Tulane Administrators with all its franchises immunities and property to be governed and developed by them. … burden, are questions which the Legislature must decide upon its oion judgment, and in respect to which it is vested with a large discretion which cannot be controlled by the courts, except, perhaps, where its action is clearly

Arrant v. Graphic Packaging International, Inc.

127 So. 3d 924 · Louisiana Court of Appeal · Sep 25, 2013

R.S. 28:1031.1 and Defendants are entitled to the tort immunity provided to employers under the Louisiana Workers’ Compensation Act (“LWCA”). … , he must further establish that the illness is disabling.

Derouen v. Miller

614 So. 2d 1304 · Louisiana Court of Appeal · Mar 3, 1993

If the detention is authorized under the first paragraph, immunity from both criminal and civil liability will naturally follow. … If questioning and reasonable investigation is performed and probable cause is established, then a merchant may hold a detained person for arrest by a police officer.

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.

Guidry v. Frank Guidry Oil Co.

579 So. 2d 947 · Supreme Court of Louisiana · May 13, 1991

Defendants did not prove the 45 percent of fault assigned to decedent; the jury's conclusion is clearly wrong. Smith v. Travelers Ins. Co., 430 So.2d 55 (La. 1983). … On the first question, the jury should be required to allocate a percentage of fault to the employer when the evidence establishes the employer's fault.

Dupard v. Lopinto

District Court, E.D. Louisiana · Mar 30, 2020

This requirement establishes a high bar.”186 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified … immunity.187 “If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate

Jackson v. Suazo-Vasquez

2012 La.App. 1 Cir. 1377 · Louisiana Court of Appeal · Apr 26, 2013

Washington was not qualified to render an expert opinion on this issue. … Suazo clearly was acting in his professional capacity as a ne-phrologist rendering professional services to Ms. Johnson. . Daubert v.

Marilyn H. McBride, Davy A. Dowdy, and Joey E. Miller v. Old Republic Insurance Company, John K. Woodard, David G. Brooks, Sr., and Enable Midstream Partners, Lp

Supreme Court of Louisiana · Jun 27, 2025

The foregoing clearly establishes a basis for the trial court’s finding of fault on Enable’s part. Enable maintains it was unaware that White Oak employees would be using a torch to cut the piping. … So clearly that’s, you know, a matter of a few years.

Freeman v. Department of Highways

197 So. 2d 188 · Louisiana Court of Appeal · Mar 13, 1967

It is our view that relinquishment of sovereign immunity can only be accomplished by express language clearly indicating such intent. … It is our further judgment that an attempt at waiver of sovereign immunity in any respect whatsoever, must be strictly construed and limited to those immunities explicitly surrendered.

Dunaway v. United States

136 F. Supp. 2d 576 · District Court, E.D. Louisiana · Sep 2, 1999

Discretionary Function Exception toSAA Generally, the United States is immune from suit unless it waives sovereign immunity. See United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … United States, 984 F.2d 1100, 1103 (10th Cir.1993) (holding that whether to post warning signs is clearly discretionary); Bowman v.

Friendly Finance Service Mid-City, Inc. v. Windham

240 So. 2d 26 · Louisiana Court of Appeal · Sep 15, 1970

If it were otherwise, a creditor could easily make its credit or loan immune from discharge in bankruptcy by the simple expedient of closing its eyes to what is obviously not true, and easily detected.” … With reference to the burden of proof necessary to establish fraud, it was observed by McClatchey v.

Ardoin v. Formosa Plastics Corp.

884 F. Supp. 209 · District Court, M.D. Louisiana · Dec 12, 1994

However, in order to qualify as the plaintiffs statutory employer, the defendant must also show that the work which is the subject of the contract is essential to its trade, business or occupation. … Therefore, the defendant is immune from liability in tort unless the plaintiff proves that he was intentionally injured by the defendant.

Rivera-Colon v. St. Bernard Parish

District Court, E.D. Louisiana · Feb 2, 2021

was objectively unreasonable in light of clearly established law at the time of the incident. … “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,

Faith in Farming Company, L.L.C. v. State of Louisiana, through the Department of Transportation and Development Consolidated with Williams & Williams Farms, L.L.C. v. State of Louisiana, through the Department of Transportation and Development

Louisiana Court of Appeal · Apr 19, 2023

Alternatively, the DOTD urged the defense of discretionary immunity under La. R.S. 9:2798.1 regarding its allocation of personnel and resources. … The DOTD also objected on the basis that Williams was not qualified as an expert to testify as to whether the flooding created a safety hazard.

Braud v. Dixie MacH. Welding & Metal Works

423 So. 2d 1243 · Louisiana Court of Appeal · Nov 10, 1982

The affidavits submitted by Freeport, uncontroverted by plaintiff, establish the following facts: Freeport is a major producer of phosphoric acid. … LSA-R.S. 23:1032. [2] In addition, the defense *1246 of tort immunity under this section is not personal to the immune party but can be invoked by his insurer sued under the direct action statute. Carlisle v.

Central Louisiana Electric Co. v. Rural Electrification Administration

236 F. Supp. 271 · District Court, W.D. Louisiana · Nov 18, 1964

The “actions motivated by desire to cause injury or financial loss” to plaintiff, which .Justice Sutherland found missing in Alabama Power clearly appear to be present here. … We thus find that the action is not barred by the doctrine of sovereign immunity.

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.

Van Atta v. Team Services, Inc.

96 La.App. 1 Cir. 0190 · Louisiana Court of Appeal · Nov 8, 1996

that the finding is clearly wrong or manifestly erroneous. … Nevertheless, although this court must give great deference to the trier of fact, we have a constitutional duty to review facts and reverse verdicts of a trial court that are clearly wrong based on the evidence, or are clearly

Keener v. Mid-Continent Cas.

817 So. 2d 347 · Louisiana Court of Appeal · Apr 30, 2002

They argue that the trial court clearly disregarded or ignored Dr. … as an expert, and his judgment will not be disturbed by an appellate court unless it is clearly erroneous.