Case law

Mitchell v. Brookshire Grocery Co.

653 So. 2d 202 · Louisiana Court of Appeal · Apr 5, 1995

To prevail in a claim for worker's compensation benefits, the claimant must establish that he or she suffered personal injury by accident "arising out of and in the course of" his or her employment. LSA-R.S. § 23:1031. … The employer sought tort immunity under the Worker's Compensation Act.

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)

Cartwright v. Police Jury of Bossier Parish

106 So. 2d 842 · Louisiana Court of Appeal · Oct 30, 1958

It must be pointed out that this proposition has • not only failed of establishment in the instant case but, indeed, could not have been established. … Under the circumstances, we think the evidence established such a substantial compliance and, in any event, in the absence of any prejudicial or objectionable effects, we think plaintiff has failed to establish any basis

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.

Bunge Corp. v. Secretary of Dept. of Rev.

419 So. 2d 1288 · Louisiana Court of Appeal · Aug 30, 1982

Domingue, 365 So.2d 1330 *1291 (La.1978), the Supreme Court clearly stated that there must be ... a reasonable factual basis for the finding in the trial court; there must be a further determination that the record establishes … that the finding is not clearly wrong (manifestly erroneous).

Roy v. Continental Insurance Company

313 So. 2d 349 · Louisiana Court of Appeal · Sep 12, 1975

It is also a well established rule in general tort law that a teacher is immune from civil liability for physical corporal punishment, reasonable in degree, administered to a student. … The bruises sustained on the posterior of the plaintiff's son are clearly indicative of what this Court would expect from being struck with the aforementioned "paddle".

Owens v. Louisiana State University

District Court, M.D. Louisiana · Feb 17, 2023

of the challenged conduct.”34 The Supreme Court has held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving the often … beyond debate.”39 “Put simply, qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law.’”40 The Supreme Court has repeatedly advised courts “not to define clearly established

Harris v. Travis

District Court, M.D. Louisiana · Mar 31, 2022

Sims violated clearly established law,” Defendants maintain that Sims is entitled to qualified immunity. (Id.) B. Applicable Law 1. … clearly established statutory or constitutional rights.”

Aaron v. BANKERS AND SHIPPERS INS. CO. OF NY

475 So. 2d 379 · Louisiana Court of Appeal · Jun 25, 1985

A trial judge has much discretion in determining whether to qualify a witness as an expert and his judgment on such will not be disturbed by an appellate court unless it is clearly erroneous. Brown v. … The facts surrounding the testimony of the plaintiff's witness establish that the court did not abuse its discretion; its acceptance *383 of the witness as an expert was not clearly wrong.

Succession of Burat v. Board of Levee Com'rs

469 So. 2d 1022 · Louisiana Court of Appeal · Apr 26, 1985

Acquisitive Prescription The trial court found that the defendants had clearly and adequately demonstrated proof of thirty years acquisitive prescription. … An expert for the defendant testified that the title was clearly established, even without the inclusion of the defective Brodtman plat.

Smith v. Parish Democratic Executive Committee

164 La. 981 · Supreme Court of Louisiana · Nov 30, 1927

Clearly the purpose of all this is to exclude from participation in party primaries whether as voters or candidates, all who have not established their right to vote by registration according to law, and, beyond that, to … Accordingly we must hold that the plaintiff not having timely registered and declared his party affiliation was not duly qualified to be a candidate, and that the decision of the committee and of the district court-was right

Louisiana Board of Ethics v. Wilson

14 La.App. 3 Cir. 925 · Louisiana Court of Appeal · Sep 9, 2014

The qualifying period ended on August 22, and on August 29, the Board timely filed an objection to the candidacy of Mr. … The appellate court must find from the record (1) that a reasonable factual basis does not exist for the finding of the trial court and (2) that the record establishes that the finding is clearly wrong (manifestly erroneous

Williams v. Gervais F. Favrot Co., Inc.

573 So. 2d 533 · Louisiana Court of Appeal · Jan 7, 1991

The above discussion on Specification 2 clearly shows the exception reflects unequivocal legislative intent. … Plaintiff also established that defendants were derelict in failing to have a safety net in place.

Jones v. Wesley

424 So. 2d 1109 · Louisiana Court of Appeal · Dec 21, 1982

Defendant pleaded qualified privilege as an affirmative defense. … "It is well established that if the alleged defamatory remark is accusation of the commission of a crime, the remark is defamatory per se, and falsity and malice are presumed.

Garner v. AVOYELLES SHERIFF'S DEPT.

511 So. 2d 8 · Louisiana Court of Appeal · Jun 26, 1987

immunity. … In this case, defendants have not established that there are no genuine issues of fact and that they are entitled to judgment as a matter of law.

Newsome-Goudeau v. State of Louisiana

District Court, W.D. Louisiana · Sep 22, 2020

Nonetheless, the doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory … Because Plaintiff has failed on the first prong of the qualified immunity analysis, the Court need not proceed to the next prong to determine whether the right was clearly established at the time of Goodwin’s alleged misconduct

Barber v. Willis Commc'ns, Inc.

241 So. 3d 471 · Louisiana Court of Appeal · Dec 29, 2017

the assertion of the conditional or qualified privilege is to rebut the plaintiff's allegations of malice or fault, and to place the burden of proof on the plaintiff to establish abuse of the privilege. … Barber argues, however, that Willis has no proof to substantiate the charge, other than statements by Horning, "who clearly has an axe to grind with the plaintiff."

Johnson v. Gusman

District Court, E.D. Louisiana · Jun 10, 2020

Defendants are Not Entitled to Qualified Immunity at This Stage in the Proceedings Defendants argue they are entitled to qualified immunity and, as a result … the defense of qualified immunity.”92 To overcome qualified immunity, the plaintiff must establish (1) the allegations in the complaint show the defendant’s conduct violated the plaintiff’s constitutional rights

Trosclair v. Joseph

14 La.App. 5 Cir. 675 · Louisiana Court of Appeal · Sep 9, 2014

Accepting at a bare minimum that the printout established that at some point in time Ms. … Clearly, by her written declaration on her Notice of Candidacy, Ms. Joseph has | .¡expressed her written intent to be affiliated with the Democratic Party, and to run as a Democrat.

Thomas v. Bedford

389 So. 2d 405 · Louisiana Court of Appeal · Sep 22, 1980

Further elaborating, the court in Roy commented: "It is also a well established rule in general tort law that a teacher is immune from civil liability for physical corporal punishment, reasonable in degree, administered to … Since this is a factual question and our review of the record does not show that the trial judge was clearly wrong in his conclusion, we must accept that ruling.