Case law

Fusilier v. Dauterive

759 So. 2d 821 · Louisiana Court of Appeal · Mar 24, 2000

Dauterive's acts to gain informed consent from Plaintiff fall clearly within the requirements of the statute. … La.R.S. 9:2794 does not recognize such an immunity, and it would be improper for us to graft that immunity onto the statute.

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.

Soublet v. Louisiana Tax Commission

766 F. Supp. 2d 723 · District Court, E.D. Louisiana · Feb 3, 2011

(a) Clearly Better Qualified When a plaintiff seeks to rebut a defendant’s legitimate non-discriminatory justification by providing evidence that he was clearly better qualified than the employee selected for the position … that an applicant is clearly better qualified.”

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.

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

Liquefied Petroleum Gas Commission v. E. R. Kiper Gas Corp.

229 La. 640 · Supreme Court of Louisiana · Feb 20, 1956

by law to act for the body, have been appointed and qualified. … This election was held but two of the fifteen members were unable to qualify.

Aples v. Administrators of the Tulane Educational Trust

District Court, E.D. Louisiana · Dec 28, 2023

from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”73 “Qualified immunity balances two important … To overcome a claim of qualified immunity, a plaintiff must demonstrate: (1) that the official violated a statutory or constitutional right; and (2) that the right was “clearly established” at the time of the challenged

Petroplex International v. St. James Parish

158 F. Supp. 3d 537 · District Court, E.D. Louisiana · Jan 25, 2016

uses, and establishment of conditions on nonconforming uses. … In the other case cited by Plaintiffs in support of their argument that the court should strike down the law for vagueness turned on qualified immunity, and therefore a final determination as to the vagueness of the statute

Lee v. Gulf Fleet Marine Corp.

110 F.R.D. 307 · District Court, E.D. Louisiana · Apr 28, 1986

The notes of the Advisory Committee on the Federal Rules of Discovery, relating to Rule 35, clearly suggest, although not expressly stated, that the “mental” examinations contemplated relate to mental disorders and damages … The drafters of this rule, it may be safely stated, wished to insure that such disorders be evaluated only by a licensed physician qualified in such a field.

Daniel Harris v. Boh Bros. Construction Co., LLC and Abc Insurance Company

Louisiana Court of Appeal · May 26, 2021

Thus, there is no need to discuss that issue as clearly the government approved the specifications.” … After reviewing the prongs of the Boyle test, the federal district court concluded Boh Bros. established government contractor immunity, thus, removal to federal court was proper. Id., No.

Valley v. Rapides Parish School Board

992 F. Supp. 848 · District Court, W.D. Louisiana · Jan 5, 1998

Under the heading “Important Information,” the undersigned is clearly listed as one of the speakers in the program. … Roy was aware of all facts supporting this motion to recuse at least seven weeks before its filing, yet it is only after a promise of an adverse ruling on the qualified immunity issue that the motion was filed.

Graves v. Cain

District Court, M.D. Louisiana · Apr 19, 2021

While the Court did address Defendants’ qualified immunity defense, it was in the context of a Motion to Dismiss. See (Doc. 43). … Defendants have re-urged their qualified immunity defense on summary judgment and argue that Plaintiff has failed to establish or point to specific facts in the record that support the allegations in Plaintiff’s pleading

Mitchell v. CRESCENT RIVER PORT PILOTS ASS'N

515 F. Supp. 2d 666 · District Court, E.D. Louisiana · Jun 1, 2007

Mitchell, an African-American man, to qualify for commission as a river port pilot. … Plaintiff can establish a prima facie case in the discrimination context once he has proved that he: (1) is a member of a protected class; (2) was qualified and applied for the position; (3) was rejected for the job; and

Kansas City Southern Railway Company v. Reily

242 La. 235 · Supreme Court of Louisiana · Dec 11, 1961

the taxpayer therein, and it is well settled that a state may, within certain limits measure or compute the amount of an excise or franchise tax upon a foreign corporation with reference to assets or income which would be immune … Fontenot, decided by this Court in 1954. 7 ' That case is clearly decisive of the point..

State v. Thomas

504 So. 2d 907 · Louisiana Court of Appeal · Mar 4, 1987

We consider that a trial judge properly rejects a claim for defense witness immunity whenever the witness for whom immunity is sought is an actual or potential target of prosecution.... … However, each State may establish additional requirements for admissibility.

Sanchez v. Georgia Gulf Corp.

860 So. 2d 277 · Louisiana Court of Appeal · Nov 12, 2003

R.S. 49:1007, which provides that all confirmed positive results of drug testing shall be reported directly from the laboratory to a qualified medical review officer (MRO). … While it clearly would not apply herein, it has no independent relevance to the substantive issues raised by Sanchez.

City of Shreveport v. Caddo Parish

658 So. 2d 786 · Louisiana Court of Appeal · Jun 23, 1995

IMMUNITY UNDER LSA-R.S. 9:2798.1 Both the Sheriff and the Commission seek immunity for discretionary acts under LSA-R.S. 9:2798.1. … This statute clearly refers to the compensation for daily expenses and not total fixed costs of the jail facility.

State Ex Rel. Department of Highways v. Ouachita Parish School Board

242 La. 682 · Supreme Court of Louisiana · Dec 29, 1961

This power is inherent in all government, coming into being eo instante with the establishment of the government and continuing as long as the government endures, and does not require recognition by constitutional provision … department’s petition specifically states that the project above designated provides for the construction of what is called a controlled-access facility, and the ex parte order of expropriation signed by the trial judge clearly