Case law

Guidry v. Federline

537 So. 2d 838 · Louisiana Court of Appeal · Jan 18, 1989

Any court action against a health care provider 2 cannot proceed until claimant presents his case to a medical review panel established pursuant to the statute. … Even if Grannan and Buhler had other insurance, they would still be qualified for statutory protection as clearly they meet all requirements.

White v. Baker Manor Nursing Home, Inc.

400 So. 2d 1168 · Louisiana Court of Appeal · Apr 13, 1981

Hoover, offered in support of the motion for summary judgment, clearly shows toilet paper, light bulbs, washing powder, sheets, pillow cases and other property of the nursing home would disappear almost immediately upon placement … Defendants have affirmatively established not only good faith but have also established the other requisites for classifying the statement as privileged, an interest on the part of the speaker and communication to others

Trahan v. STATE EX REL. DEPT. OF HEALTH AND HOSPITALS

663 So. 2d 242 · Louisiana Court of Appeal · Oct 4, 1995

The facts in the case sub judice clearly convince us that the issuance of the continuance was entirely within the trial court's discretion. … La.R.S. 23:1061 defines and establishes the liability of a principal contractor to employees of an independent contractor.

Carpenter v. Catahoula Parish School Board

566 So. 2d 1013 · Louisiana Court of Appeal · Jul 30, 1990

that it is entitled to immunity under LSA-R.S. 9:2798.1 only through a trial on the merits. … Therefore, Carpenter should have been permitted to amend his petition to set forth with greater particularity facts tending to establish his claim for general damages.

State v. Cargille

507 So. 2d 1254 · Louisiana Court of Appeal · May 13, 1987

Maggio was qualified as an expert in the field of medical assistance programs. Ms. … I'm going to get into the fact that we offered her immunity in this matter.

Clement v. Reeves

935 So. 2d 279 · Louisiana Court of Appeal · Jun 28, 2006

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v.

Miller v. LeBlanc

District Court, M.D. Louisiana · Sep 28, 2022

Qualified immunity shields a government official from lability for civil damages “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The United States Court of Appeals for the Fifth Circuit has devised a two- pronged test for qualified immunity.

Poullard v. McGloster

District Court, M.D. Louisiana · Jul 10, 2025

Qualified immunity requires a separate analysis for each officer. See id. … “And [the Court] cannot deny qualified immunity without identifying a case in which an officer acting under similar circumstances was held to have violated the Fourth Amendment, and without explaining why the case clearly

Bryon v. Jumel

32 La. Ann. 442 · Supreme Court of Louisiana · Mar 15, 1880

Two propositions of fact are clearly established: 1st. … That it was promulgated before the relator qualified. These facts, we think, are-decisive of the cause, and render it legally impossible that we should grant the relief prayed for.

Moity v. Louisiana State Bar Ass'n

414 F. Supp. 180 · District Court, E.D. Louisiana · Mar 3, 1976

That the individual right of privacy is subject to important state interests in regulation is now established. See Roe v. Wade, 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973). … As to the Bar Association, the defense of quasi-judicial immunity would appear equally viable.

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

Morales v. New Orleans City

District Court, E.D. Louisiana · Jun 23, 2022

Qualified Immunity The Court finds that questions of fact remain as to whether Michel is protected by qualified immunity. … In response to Michel’s claim of qualified immunity, Plaintiff must show that Michel “committed a constitutional violation” and that his “actions were objectively unreasonable in light of the law that was clearly established

Lasseigne v. Walgreen

274 So. 2d 480 · Louisiana Court of Appeal · Feb 28, 1973

. * * *" If the detention is authorized under this provision immunity from criminal or civil liability will naturally follow to a peace officer, merchant, or merchant's specifically authorized employee. … There was no sales slip involved and we find that the actions of plaintiff herein clearly constituted reasonable grounds upon which Mrs. Herrell could detain him.

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.”

Kirkland v. Riverwood Intern. USA, Inc.

658 So. 2d 715 · Louisiana Court of Appeal · Jun 21, 1995

The mover bears the burden of establishing that there are no genuine issues of material fact. … The amendment was clearly a direct attack on the rigid test and determinative factors announced in Berry .

M.J. Farms, Ltd. v. United States Fish & Wildlife Service

593 F. Supp. 2d 907 · District Court, W.D. Louisiana · Dec 15, 2008

immunity of the United States to be sued. … Under the facts of this case, the baited area determination was clearly a final agency decision for APA purposes. Consequently, this Court may hear the Plaintiffs’ equitable claims.

Bostwick v. MAPP Industries, Inc.

707 So. 2d 441 · Louisiana Court of Appeal · Dec 30, 1997

The exclusivity of these provisions is established by La.R.S. 23:1032 with provides in pertinent part: ... … When the employer seeks to avail himself of tort immunity under La.R.S. 23:1032, the employer has the burden of proving entitlement to immunity. In the present case, we find that the employer did not meet its burden.

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.

Hilton v. Lake Charles

District Court, W.D. Louisiana · Apr 19, 2022

light of then clearly established law. … “The bifurcated test for qualified immunity is: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the Defendant conduct was objectively unreasonable