Case law

Suire v. Lafayette City-Parish Government

907 So. 2d 37 · Supreme Court of Louisiana · Jun 29, 2005

Article 667 now clearly articulates that the only cognizable ultrahazardous activities are "pile driving" and "blasting with explosives." … In contrast, the City clearly satisfies the initial requirement for additional insured status, as the public contract expressly required Boh Brothers to cover the City as an additional insured.

Allemang v. Louisiana

District Court, W.D. Louisiana · May 7, 2020

Qualified Immunity The issue before the Court is whether Trooper Rogers is entitled to qualified immunity and therefore shielded from suit in his individual … Although qualified immunity is an affirmative defense, “plaintiff has the burden to negate the assertion of qualified immunity once properly raised.” Collier v.

Knott v. Angelle

846 So. 2d 825 · Louisiana Court of Appeal · Feb 27, 2003

As in any case, the factual findings of the trial court will not be disturbed on appeal unless clearly wrong." Citations omitted. … Circumstances to consider in deciding whether a party has established domicile includes the location where a party sleeps, eats, establishes his household and surrounds himself with family and the comfort of domestic life

Simms v. Young

District Court, M.D. Louisiana · Sep 23, 2024

Qualified Immunity Defendants assert that they are entitled to qualified immunity in connection with Plaintiff’s claims. … Second, the district court looks to whether the rights allegedly violated were clearly established. Id.

Portier v. Thrifty Way Pharmacy

476 So. 2d 1132 · Louisiana Court of Appeal · Dec 20, 1985

Gulf Oil Corporation filed a motion for summary judgment in the Federal District Court alleging that it was immune from tort liability. … Portier was a statutory employee of Gulf Oil and therefore Gulf was immune to a suit in tort.

Brown v. Monroe

District Court, W.D. Louisiana · Nov 8, 2023

The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial; thus qualified immunity questions should be resolved through summary judgment

Socorro v. Orleans Levee Bd.

561 So. 2d 739 · Louisiana Court of Appeal · Mar 29, 1990

Clearly this is not an area the legislature intended to cloak with immunity pursuant to La.R.S. 9:2791 and 2795. There is no error in the trial court's finding that the recreational immunity statutes are inapplicable. … To adopt such an interpretation would, in effect, reinstate the doctrine of sovereign immunity by rendering every act or omission by a governmental body "discretionary"—a result clearly not intended by the legislature.

Huddleston

District Court, W.D. Louisiana · Feb 2, 2026

right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”72 The two steps of the qualified immunity inquiry may be performed in any order.73 The qualified … Huddleston did not make the requisite showing that the stop violated a clearly established right, Deputy Cloud is entitled to qualified immunity.

Williamson-Dickie Apparel Manufacturing Co. v. Hanger, Inc.

422 So. 2d 602 · Louisiana Court of Appeal · Nov 12, 1982

No statutes establish those acts which do constitute transacting business within the state. … The failure of plaintiff to qualify and amend resulted in the dismissal and appeal. The jurisprudence clearly reflects that the exception should be construed as one of lack of procedural capacity.

George v. OUR LADY OF LOURDES MED. CENTER

774 So. 2d 350 · Louisiana Court of Appeal · Dec 6, 2000

Application of these definitions to the case before us clearly establishes that Ms. George was not the Medical Center's patient at the time of her accident. … NOTES [1] At the trial on the exceptions, no evidence was presented to establish the Medical Center as a qualified health care provider under the Louisiana Medical Malpractice Act.

In Re Katrina Canal Breaches Consolidated Litigation

577 F. Supp. 2d 802 · District Court, E.D. Louisiana · May 2, 2008

So, clearly, the Fifth Circuit has recognized that § 702c does not immunize a navigational channel where it is “unconnected with any flood control project.” … This position is clearly supported by the Grad decisions. b. § 702c DOES NOT IMMUNIZE THE CORPS AS THE CHALLENGED CONDUCT WAS NOT RELATED TO FLOOD CONTROL The United States maintains in these motions that the MRGO and the

Angelica Millican v. LaShondra Elaine Russell

Louisiana Court of Appeal · Aug 9, 2022

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Costello v. Hardy

864 So. 2d 129 · Supreme Court of Louisiana · Jan 21, 2004

Costello's suit was filed. *148 In conclusion, therefore, we find that the record fails to establish the element of malice and that the trial court was clearly wrong in finding to the contrary. … The record clearly establishes the intentions of Joseph's brothers: to break Joseph's will or to deplete the estate to significantly reduce the endowment to Loyola University, and if that failed, to seek redress from Mr.

LeBlanc v. Tyler

381 So. 2d 908 · Louisiana Court of Appeal · Mar 5, 1980

Continental Insurance Company, 313 So.2d 349 (La.App. 3 Cir. 1975), we held that reasonable corporal punishment was allowed in this state and that a teacher using this method of discipline had limited immunity from civil … from Roy and the determination that the punishment was excessive is clearly wrong.

Philson v. Department of Corrections

451 So. 2d 1311 · Louisiana Court of Appeal · Jun 26, 1984

Appellant first maintains that the referee appointed by the Commission to conduct his *1314 hearing was not qualified. … We are of the opinion that the evidence clearly establishes no manifest error in the findings of fact reached by the Commission, and that those facts support the conclusion that Mr. Philson violated Rule 13(b).

Falkenheiner v. Legal Aid Society of Baton Rouge, Inc.

471 F. Supp. 429 · District Court, M.D. Louisiana · Jun 8, 1979

In the instant case the qualifications which the Board of Directors must use are clearly and plainly set forth in the defendant’s Work Program. … But in a sex discrimination case it is the burden of the plaintiff to establish, in her prima facie case, that she was, in fact, the victim of “sex” discrimination, and this is true whether the discrimination is a clearly

Johnson v. Monroe

District Court, W.D. Louisiana · Nov 14, 2023

The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial, thus qualified immunity questions should be resolved through summary judgment

Loflin v. International Paper Co.

793 So. 2d 533 · Louisiana Court of Appeal · Aug 22, 2001

Viewed according to the mandates of art. 966 A(2)— i.e., without strict scrutiny or any presumption in favor of a full trial —these papers clearly establish every essential element of statutory employment under Kirkland and … Since the nature of the project is clearly established, the attempt to label it as new construction creates no genuine issue of material fact.

Gauthreaux v. Trosclair

676 So. 2d 213 · Louisiana Court of Appeal · Jun 28, 1996

Barrett, 95-2066, p. 11 (La. 5/31/96), 675 So.2d 720 , the Supreme Court stated "payment by a qualified health care provider of $100,000 to a malpractice victim in settlement of a claim statutorily admits and establishes … Accordingly, we find that Acts 1991, No. 800 clearly effected a change in existing rights and must be classified as substantive.

Wilson v. City of Bastrop

District Court, W.D. Louisiana · Jul 7, 2021

The Court further found that, even if there were a constitutional violation, Plaintiffs’ cannot point to any clearly established law that would defeat Green and McKinney’s defense of qualified immunity. … In light of the Court’s dismissal of the claims against Green and McKinney on the basis of qualified immunity, including its determination that Plaintiffs failed to establish a genuine factual dispute as to whether