Case law

In re Medical Review Panel Proceeding of Benjamin

14 La.App. 5 Cir. 192 · Louisiana Court of Appeal · Nov 25, 2014

Cg) The filing fee of one hundred dollars per named defendant qualified under this Part shall be applicable in the event that a claimant identifies additional qualified health care providers as defendants. … To the contrary, the statute clearly states that the fees must be paid, or an informa 'pauperis ruling must be | (¡received, within 45 days from the mailing date of the confirmation. 1 See Igwike v.

Harper v. State ex rel. Department of Health & Hospitals

2014 La.App. 4 Cir. 0110 · Louisiana Court of Appeal · Sep 9, 2015

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … We note that the Defendants plead the defense of “qualified immunity and/or the doctrine of privilege.”

Supreme Home Health Servs., Inc. v. Azar

380 F. Supp. 3d 533 · District Court, W.D. Louisiana · Apr 23, 2019

Subject Matter Jurisdiction The United States, as sovereign, is immune from suit except in the manner and degree sovereign immunity is waived. United States v. … Therefore, it must establish that it meets an exception to exhaustion.

Mathieu v. Imperial Toy Corp.

632 So. 2d 375 · Louisiana Court of Appeal · Jan 13, 1994

GOVERNMENTAL IMMUNITY The City submits that police officers must exercise discretion in the performance of their duties and because a permissible policy judgment was made in this case, the City is immune from liability under … The evidence clearly establishes that Mr. Mathieu was delusional and unable to distinguish right from wrong at the time of this incident, therefore legal fault on his part was not established. Fields v.

Jackson v. State

2002 La.App. 4 Cir. 2210 · Louisiana Court of Appeal · May 7, 2003

The record establishes that the relator was not named in the statutory request for review by a medical review panel. … Clearly, relator was denied this statutory protection. In addition to the denial of is statutory right to a review panel hearing, Dr.

St. Charles Gaming v. Riverboat Gaming

648 So. 2d 1310 · Supreme Court of Louisiana · Jan 17, 1995

The legislative intent of the ordinance clearly is to confine legal riverboat gaming, and not illegal gambling, to a specific district within the parish. … VI, § 17; see also Note, Municipal Antitrust Immunity After City of Columbia v.

Chelette v. Zachary

District Court, M.D. Louisiana · Sep 25, 2025

When a public official asserts the defense of qualified immunity, the plaintiff has the burden of establishing a constitutional violation and overcoming the defense.61 To meet this burden, a plaintiff must show “(1) that … That violation has been clearly established since Franks.

Autin v. United Diesel, Inc.

673 So. 2d 316 · Louisiana Court of Appeal · Apr 30, 1996

United also filed a motion for summary judgment, asserting that United, as the statutory employer of Autin, was immune from tort liability. … It is well settled that the granting of summary judgment is proper only when the pleadings, depositions, answers to the interrogatories, and admissions on file, together with affidavits, if any, establish that there is no

Holmes v. Reddoch

District Court, E.D. Louisiana · Mar 18, 2021

Then, “to overcome qualified immunity,” the plaintiff must show a version of “disputed facts” that “constitute a violation of clearly established law. … But even if the Court assumes that Holmes has stated a Fourth Amendment violation, the defendants would still be entitled to qualified immunity because that violation was not clearly established.

Hughes v. Arveson

924 F. Supp. 735 · District Court, M.D. Louisiana · Jan 25, 1996

the alternative, that the State Civil Service Commission maintains exclusive jurisdiction of the plaintiffs claims and that, under the Eleventh Amendment, DOE and the individual defendants in their official capacity are immune … The plaintiff was clearly authorized, under the State Civil Service Rules, to appeal her grievances involving alleged racial discrimination to the Commission.

Agnor v. Caddo Parish School Bd.

936 So. 2d 865 · Louisiana Court of Appeal · Aug 1, 2006

is clearly wrong. … Neither party is clearly 100% at fault for the unfortunate incident of February 14, 2001.

Plantation Anhydrous Ammonia Corp. v. Anhydrous Ammonia Commission

234 La. 869 · Supreme Court of Louisiana · Mar 17, 1958

The Anhydrous Ammonia Commission of Louisiana, was created by Act 15 of 1948, Extra Session, now LSA-R.S. 3:1351-1357, wherein the composition of its membership as well as its powers and duties are clearly defined. … However, on appeal this complaint is abandoned and appellant concedes that Commissioner Graugnard was fully qualified to vote on said resolution as a farmer and user of anhydrous ammonia as a fertilizer.

Richardson v. Cotter

245 So. 3d 136 · Louisiana Court of Appeal · Sep 27, 2017

He then expressed first his hope that what he did would qualify as the standard of care. … Gordon's deposition testimony clearly established that Richardson presented to him with much different symptoms (notably, a positive straight leg raise and a history of fever and night sweats during the previous week) than

Livingston Downs Racing Ass'n, Inc. v. Jefferson Downs Corp.

259 F. Supp. 2d 471 · District Court, M.D. Louisiana · Sep 23, 2002

World University Inc., 978 F.2d 10, 16 (1st Cir.1992) (“Motions under Rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence. … The multiple instances qualify them as a pattern of racketeering activities under § 1961(5), since forty is greater than two.

Montgomery v. Administrators of the Tulane Educational Fund

2009 La.App. 4 Cir. 1670 · Louisiana Court of Appeal · Oct 13, 2010

The donations were clearly conditional — conditioned that the monies go for the use of a college to be known as the “H. Sophie Newcomb Memorial College.” … Collectively, these actions clearly indicate the Tulane Board for over 100 years recognized, understood, and accepted the conditions imposed by Mrs.

Aucoin

District Court, E.D. Louisiana · Aug 21, 2026

Qualified Immunity Authement has urged qualified immunity as a basis for summary judgment. … To carry his burden to overcome defendants’ qualified immunity defense here, Aucoin “must show: (1) that the [defendants] violated a statutory or constitutional right, and (2) that the right was clearly

Smith v. Cutter Biological

770 So. 2d 392 · Louisiana Court of Appeal · Sep 6, 2000

But he qualified it to say that he heard things in the media but he just wasn't sure. In January of 1993 he started taking AZT. … On rehearing this Court addressed Stockle's contra non valentem arguments: The record clearly established that as of April, 1987, plaintiff, Raymond Stockle knew that he had tested positively for the AIDS [6] virus and that

Sherman v. Touro Infirmary Hospital

2000 La.App. 4 Cir. 1365 · Louisiana Court of Appeal · Oct 30, 2002

In Lovell , the Supreme Court declared that “[o]ur decision establishes a new principle of law by overruling clear past precedent on which litigants have relied.” 378 So.2d at 422 . … Kingsley, 289 So.2d 88 (La.1974), overruling doctrine of charitable immunity, should operate prospectively only.)); Charles v.

Karen Carter Peterson v. Allen Helwick Borne, Jr., Kyle Ardoin, in His Official Capacity as the Secretary of State, and C. Arthur Morrell, in His Official Capacity as the Chief Election Officer for Orleans Parish

Louisiana Court of Appeal · Aug 22, 2019

R.S.18:463(A)(4) was arguably committed.6 A proper review by the deputy clerk of the First Notice when it was deposited and received by the deputy clerk clearly indicated that Defendant authorized Agent to file the First … The plaintiff was entitled to establish his action before the court by extrinsic evidence…”); Borning v. Bush, 517 So.2d 183, 184 (La. App. 1st Cir. 1987); Acosta v. Hepplewhite Home, Inc., 450 So.2d 770, 773 (La.

Tilton v. Vignes

33 La. Ann. 240 · Supreme Court of Louisiana · Feb 15, 1881

Was she in necessitous circumstances so as to assert the immunity ? Had she a person dependent upon her for support ? … It is clearly established that the demand was made on the 15th; that the seizure was executed on the 22d; that the tenant moved out on the 27th or on the 28th of January, 1880; that the plaintiff then moved in and occupied