Case law

Patricia Ann Thompson v. Winn-Dixie Montgomery, Inc.

181 So. 3d 656 · Supreme Court of Louisiana · Oct 14, 2015

Thompson because Winn-Dixie “clearly maintained the right to control and supervise the work of the KAP employee.” … that the finding is clearly wrong or manifestly erroneous.

STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc.

476 So. 2d 970 · Louisiana Court of Appeal · Oct 8, 1985

It has become obvious in the ten years since the 1974 constitution became effective that the waiver of sovereign immunity from suit and liability of Art. 12, Sec. 10(A) is, in reality, only a waiver of immunity from suit. … Such is clearly not the case here.

Ex parte Plessy

45 La. Ann. 80 · Supreme Court of Louisiana · Jan 15, 1893

The whole gravamen of relator’s plea is contained in the fourteenth ground, which is as follows: “That the statute in question establishes an insidious distinction and discrimination between citizens of the United States … So far as the thirteenth amendment is concerned its application to this statute may be at once eliminated because the Supreme Court of the United'States has clearly decided that it does refer to rights of the character here

State v. Taylor

495 So. 2d 996 · Louisiana Court of Appeal · Oct 8, 1986

The record clearly demonstrates that no contract was ever made. … First, the record established that the contract to sell the automobile was never approved by the sales manager as the printed contract form used in this transaction required.

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.

Conoco Inc. v. Boh Bros. Construction Co.

191 F.R.D. 107 · District Court, W.D. Louisiana · Jul 10, 1998

Work Product Immunity “The work-product doctrine is a judicially created immunity to prevent a party to a lawsuit from receiving the benefits of an opposing counsel’s preparations for trial.” … In support of its assertion of privilege, Conoco does not clearly separate its assertion of attorney-client privilege from work product immunity.

Owen v. Prator

District Court, W.D. Louisiana · Feb 11, 2025

Qualified immunity shields “government officials performing discretionary functions … from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … was clearly established at the time of the alleged misconduct.”35 The “clearly established law” must be “particularized to the facts of the case” and not “defined at a high level of generality.”36 A right is

State ex rel. Department of Highways v. Williams

170 So. 2d 152 · Louisiana Court of Appeal · Dec 14, 1964

It suffices to say that the valuation fixed is justified upon the general principles of comparable sales and highest and best use which have been too well established by our courts to necessitate citation. … In the case before us, we think all of the witnesses for both parties have shown themselves to be qualified to express opinions as to value, but, as above noted, we are of the opinion that the witness, Babb, clearly demonstrated

Slaughter v. Georgia Casualty & Surety Co.

415 So. 2d 312 · Louisiana Court of Appeal · May 10, 1982

The material facts are clearly established by the allegations of plaintiff’s petition and the depositions of plaintiff, Knox, the driver of the Knox truck, the president of Burns Forest Products, Inc. and a Burns forester … It having been determined that Knox was an employee of the principal and thereby immune from tort liability under the specific provisions of LSA-R.S. 23:1032, it is unnecessary to consider whether the immunity would extend

In Re Helm

2011 La.App. 4 Cir. 0500 · Louisiana Court of Appeal · Nov 2, 2011

The Code of Civil Procedure indicates clearly the necessity of a writing under the circumstances. La. … Moreover, Article 4561 C(l) provides a trial court with a schedule of preferences when faced with more than one qualified candidate: The court shall consider the qualified persons in the following order of preference: (a)

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.

Burleigh v. South Louisiana Contractors

525 So. 2d 87 · Louisiana Court of Appeal · Mar 2, 1988

On this appeal Burleigh, arguing that the motion for summary judgment was improperly granted, presents two issues: (1) has Louisiana Land proffered sufficient facts to qualify as a statutory employer under the "trade, business … In such a case the principal is immune from tort liability, worker's compensation being the contractors' employees' exclusive remedy.

State in Interest of Ss

499 So. 2d 1198 · Louisiana Court of Appeal · Dec 8, 1986

instrumentality shall be encouraged and permitted to exercise its discretion in the treatment, training, supervision, and discipline of the child in order that the child may derive the maximum benefit from experience and qualified … of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity

Kampmann v. Mason

8 La.App. 5 Cir. 508 · Louisiana Court of Appeal · Jan 13, 2009

The District Court was manifestly erroneous in granting a non health care provider the opportunity to bootleg into the immunities and advantages intended for and extended solely to health care providers. 2. … So long as a medical malpractice suit is timely filed as to a qualified health care provider, it will be timely filed as to a non-qualified health care provider if they are joint or solidary obligors. Williams v.

Miller v. LeBlanc

District Court, M.D. Louisiana · Dec 7, 2022

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

State v. Johnson

541 So. 2d 818 · Supreme Court of Louisiana · Jan 30, 1989

Agreeing with the defendant's argument that the prosecutor's remarks warranted a mistrial, we reasoned that: The prosecutor's reference to the unrebutted character of the State's evidence was clearly a comment upon the failure … At trial the State did not argue that any other circumstance qualified the Nunn homicide as first-degree murder.

Janise v. Acadian Ambulance Serv., Inc.

244 So. 3d 541 · Louisiana Court of Appeal · Apr 25, 2018

The defendants answered, responding, in pertinent part: "Defendant avers that, by statute, it is entitled to qualified immunity due to the use of the ambulance's lights and siren, and, therefore, may not be held liable in … It is well settled that an appellate court may not disturb a jury's finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.

Square Deal Siding Co. v. Thaller

2008 La.App. 4 Cir. 0757 · Louisiana Court of Appeal · Dec 30, 2008

None of the objections should be based on the fact that I didn’t qualify him as an expert. |1(lThe trial judge clearly indicated that she would accept opinion testimony from these witnesses and afford the expert testimony … Schmalz did not establish a prima facie case for the debt owed. Mr.

Price v. MEDICAL CENTER OF LOUISIANA

999 So. 2d 29 · Louisiana Court of Appeal · Nov 5, 2008

The defendants are unquestionably qualified health care providers working for a State facility and are clearly covered under the ambit of the LMMA. … The record establishes that Dr. Miguel Melgar was not named in the statutory request for review by a medical review panel.