Case law

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.

Opinion Number

Louisiana Attorney General Reports · Nov 9, 2000

Significantly, the Court clearly stated that: "[A]bsent express federal law to the contrary, Indians going beyond reservation boundaries have generally been held subject to non-discriminatory state law otherwise applicable … We hold that ad valorem taxes may be imposed upon such land because, under the test established by our precedents, Congress has made `unmistakably clear' its intent to allow such taxation."

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

Vila v. Faget

598 So. 2d 388 · Louisiana Court of Appeal · Mar 26, 1992

Faget’s records, viewed alone, did not establish that he failed to comply with applicable standard of care. Dr. Dan S. Lehon was also qualified as an expert in the field of general dentistry by defendant. Dr. … Cavallino’s testimony was directed to establishing that Dr.

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.

State v. Johnson

443 So. 2d 744 · Louisiana Court of Appeal · Dec 9, 1983

Her testimony also established that she made a complaint that she had been raped. … Troxler was qualified as an expert in the field of medicine. Defendant contends that Dr.

Norris v. Gould

854 So. 2d 448 · Louisiana Court of Appeal · Sep 5, 2003

Grisaffe sought election to the Iberia Parish Council, a parish governing body established by a home rule charter. … Section 4(B) clearly contemplates *451 the office seeker moving from the old district to the new, as his seat shall be vacated if he is not residing in the district he represents when he is sworn into office.

Quatrevingt v. Landry

District Court, E.D. Louisiana · Apr 6, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Plaintiff has not pointed to any clearly established law that suggests that this reliance is not objectively reasonable.

State v. Green

471 So. 2d 292 · Louisiana Court of Appeal · Jun 5, 1985

However, after the state granted her immunity from prosecution she testified at Green’s trial. … However, the Smith court clearly recognized that such testimony is generally not allowed, and that each case must be decided within the boundries of its own facts.

Yates v. Elmer

6 La.App. 5 Cir. 74 · Louisiana Court of Appeal · Nov 28, 2006

A trial court’s findings of fact will not be disturbed unless the record establishes that the finding is clearly wrong or manifestly erroneous. Franklin Southland Printing Co., Inc. v. … Thus, discretionary immunity would relieve it of liability in any event. See: La. R.S. 9:2798.1 and La. R.S. 29:735. For a discussion of governmental immunity, see Hontex Enterprises, Inc. v.

Allemand v. DISCOVERY HOMES, INC.

2009 La.App. 1 Cir. 1565 · Louisiana Court of Appeal · May 28, 2010

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. La. … Clearly, the reference to “perfect” relates to the workmanlike manner in which the builder agreed to build, finish, and |9deliver the residence.

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.

Rigdon v. Pittsburgh Tank & Tower Co.

682 So. 2d 1303 · Louisiana Court of Appeal · Nov 8, 1996

Clearly, in this case, Pittsburgh meets the requirements of this article and therefore shall be treated as a domiciliary of Louisiana. … Here, we find that the application of Louisiana law to the issue of defendants' immunity is appropriate under LSA-C.C. art. 3542.

Bonvillain v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · Jun 24, 2025

Qualified Immunity “Qualified immunity protects government officials from liability for damages when they violate the law, but nonetheless reasonably could have believed that … Defendants are entitled to qualified immunity on Bonvillain’s conspiracy claims because she cannot prove an underlying constitutional injury.

Hammond v. Burns

District Court, M.D. Louisiana · Aug 7, 2019

Defendants invoke qualified immunity in response, (Doc. 21). … Qualified immunity protects government officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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

Myers v. Burger King Corp.

638 So. 2d 369 · Louisiana Court of Appeal · May 26, 1994

Under most circumstances ownership alone establishes the requisite benefit, control and authority to find garde. Doughty v. Insured Lloyds Ins. Co., 576 So.2d 461 (La.1991). … The Court concluded that the amendment to LSA-C.C. art. 2324(B) contemplated the assessment of fault of a statutorily immune party.

Henderson v. Board of Supervisors of Southern University

District Court, M.D. Louisiana · Mar 23, 2022

Defendants also maintain that Brister and Sherrard are entitled to qualified immunity as to this claim “because there was no ‘clearly established’ right on these specific facts.” (Id.) 2. … Sherrard violated a clearly established right.” (Doc. 5-1 at 11.) As a result, Brister and Sherrard are entitled to qualified immunity as to these claims.

Calvin Dale Miller v. Village of Hornbeck

Louisiana Court of Appeal · May 11, 2011

Our review of the record indicates that the trial court did not expressly discuss the issue of qualified immunity, but, implicitly, it did not find the officers were entitled to qualified immunity. … Government officials are entitled to qualified immunity when performing discretionary functions. McManus v.

Ogbonnaya John Nwoha v. State of Louisiana through Grambling State University; and the Board of Supervisors for the University of Louisiana System

Louisiana Court of Appeal · May 21, 2025

Based on our de novo review of the record, we find plaintiff failed to present any evidence to establish defendants did not follow procedures established for termination of a tenured faculty member. … R.S. 9:2798.1, and finding the Board had qualified immunity.