Case law

Tolbert v. Gusman

District Court, E.D. Louisiana · Apr 16, 2020

Qualified Immunity Perez and Lawson argue that they are entitled to qualified immunity from Plaintiff’s claims. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”10 Although

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

Yi-Zarn Wang v. J. Phillip Boudreaux, M.D.; Ochsner Medical Center - Kenner, L.L.C.; Ochsner Clinic Foundation; And Ochsner Health System

Louisiana Court of Appeal · Jan 15, 2021

Wang granted broad immunity to Ochsner and agreed not to sue for any actions taken by Ochsner towards him; Dr. Boudreaux pointed out that Dr. … Wang in submitting his 2015 re-application clearly states that by re-applying for clinical privileges, he extended absolute immunity to 9  Ochsner, agreed not to sue, and released

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.

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.

Arant v. St. Francis Medical Center, Inc.

605 So. 2d 622 · Louisiana Court of Appeal · Aug 19, 1992

The plaintiffs clearly failed to show any chance of Arant's survival. … Freeman was qualified in pathology and clinical medicine, but expressed a reluctance to give clinical impressions.

Williams v. Jackson Parish Hosp.

729 So. 2d 620 · Louisiana Court of Appeal · Jan 13, 1999

The PCF notified the plaintiff that Jackson Parish Hospital was a qualified health care provider but that Lifeshare Blood Center was not qualified and that the plaintiff had until June 30, 1997 to file suit against the blood … Thus, amendments to the statutes after the date of the transfusion, which granted physicians, hospitals and blood banks immunity from strict tort liability for blood transfusions which result in the transmission of a viral

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.

Richmond v. Landrieu

2014 La.App. 4 Cir. 0957 · Louisiana Court of Appeal · Sep 9, 2014

Thus, clearly, the documentary evidence did not establish that Mr. Landrieu had not taken any one of those three courses of action. If Mr. … The burden of establishing an outstanding late fee as of the time of qualifying is hardly burdensome because the Supervisory Committee on Campaign Finance Disclosure itself “shall bring or join in an action objecting to the

State of Louisiana v. Darius Tyrese Persley

Louisiana Court of Appeal · Dec 17, 2025

The record clearly refutes this contention. … Clearly, the defendant cannot be allowed to take advantage of his co- defendant’s favorable statement, then cry “foul” that the prosecution had to do damage control in its rebuttal.

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

Ables v. Minvielle

9 La.App. 3 Cir. 364 · Louisiana Court of Appeal · Oct 7, 2009

Defendants] assert[] that [Cody Abies] was clearly trespassing at the time of the accident. … 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.

Cawthorne v. Fogleman

12 La.App. 3 Cir. 870 · Louisiana Court of Appeal · Feb 6, 2013

Therefore, to reverse a trial court’s determination of fact, 1) no reasonable factual basis must exist for the fact finder’s conclusions, and 2) the record must establish the fact finder is clearly wrong or manifestly erroneous … It was within the trial court’s discretion to rule that Lock was qualified to render expert testimony in his field of accident reconstruction. This was not clearly erroneous.

Pelican Chapter, Associated Builders & Contractors, Inc. v. Edwards

901 F. Supp. 1125 · District Court, M.D. Louisiana · Oct 3, 1995

DISCUSSION OF THE MERITS The Privileges and Immunities Clause The plaintiffs have continued to cite and rely upon jurisprudence relating to the *1133 Privileges and Immunities Clause (Const. Art. … excessive in relation to the local benefits. 16 ANALYSIS Rule One clearly intentionally discriminates against interstate commerce.

Lavalais v. State ex rel. Department of Transportation & Development

9 La.App. 3 Cir. 662 · Louisiana Court of Appeal · Dec 9, 2009

[t]he appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). Mart v. Hill, 505 So.2d 1120, 1127 (La.1987) (quoting Arceneaux v. … Therefore, we find that the trial court’s decision in this case was manifestly erroneous and clearly wrong.

Gorham v. Gorham

2009 La.App. 1 Cir. 1118 · Louisiana Court of Appeal · Dec 23, 2009

While ERISA generally preempts Louisiana community property law, ERISA provides an exception to that preemption where an ex-spouse has a qualified domestic relations order, or “QDRO,” establishing his or her claim to these … This statutory language clearly provides for the payment to be made according to the account agreement. Minvielle v.

Deer Enterprises, LLC v. Parish Council of Washington Parish

56 So. 3d 936 · Supreme Court of Louisiana · Jan 19, 2011

Although it grants an exemption from, or immunity to, § 583(A) and § 583(B), it does not create an exception to a duty because the effect of local referenda is not a duty. It does not immunize any actors from liability. … The trial court was clearly wrong in ruling the amendment violates the plaintiffs equal protection rights.

Trahan v. Asphalt Associates, Inc.

800 So. 2d 18 · Louisiana Court of Appeal · Oct 17, 2001

This factual finding is not clearly wrong. However, the jury's allocation of fault between the three participants was clearly wrong. … 27 We recognize the Gauthier ratio approach has not been extended outside of the worker's compensation-statutory immunity setting.

Hahn v. City of Kenner

1 F. Supp. 2d 614 · District Court, E.D. Louisiana · Apr 13, 1998

Qualified immunity protects “police officers in the ‘gray area’ between absolute certainty on the one hand and reckless or wanton conduct on the other. … Even if Officer Lombard’s response was incorrect, it defies logic to argue that it was outside the scope of “objective legal reasonableness” that would have entitled him to qualified immunity. Duckett v.