Case law

Ezell v. General Motors Corp.

446 So. 2d 954 · Louisiana Court of Appeal · Mar 7, 1984

The issue on appeal is whether plaintiff carried his burden of proof in establishing the existence of a defect. … The trial judge qualified Bottiglia, not only as an expert in mechanical engineering, but also as an expert in the cause and origin of fires.

Williams v. Town Of Clinton

District Court, M.D. Louisiana · Jan 5, 2024

Constitutional Claims Officer Brown invokes qualified immunity. … The qualified immunity doctrine turns the traditional Rule 12 analysis on its head, requiring Plaintiff—the non- moving party—to establish “the inapplicability of the defense.” Babinski v.

Price v. Brittain

684 F. Supp. 1345 · District Court, M.D. Louisiana · Apr 6, 1988

Nor was there any evidence clearly establishing the extent of defendants’ knowledge relating to reporting of drug pushing. … Nevertheless, the court finds that defendants are entitled to qualified immunity since their conduct did not violate “clearly established” due process rights “of which a reasonable person would have known.” Harlow v.

Berard v. Lemoine Co., LLC

15 La.App. 3 Cir. 152 · Louisiana Court of Appeal · Jul 8, 2015

The Louisiana Act expressly extends the employer’s | r,compensation obligation and its corresponding tort immunity to “principals.” … Morial-New Orleans Exhibition Hall Authority, 02-1072 (La.4/9/03), 842 So.2d 373 , wherein the court stated: A careful reading of the above statutes, especially the highlighted language, reveals that the Louisiana legislature clearly

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.

Graham v. Maryland Casualty Company

230 So. 2d 264 · Louisiana Court of Appeal · Dec 22, 1969

However, a contract for insurance clearly expressed is the law between the parties. … The various types of coverages are clearly set forth.

Daigre v. International Truck & Engine Corp.

2010 La.App. 4 Cir. 1239 · Louisiana Court of Appeal · May 5, 2011

R.S. 9:2800.4 is an exceptional immunity statute, and, therefore, it must be strictly construed against immunity and in favor of general notions of tort liability under La. C.C. art. 2315. Weber v. … First, it will not be applied to “supplant the Code of Civil Procedure provision which clearly permits a reconsideration of the overruling of peremptory exceptions.” Babineaux v.

Green v. Johnson

149 So. 3d 766 · Supreme Court of Louisiana · Oct 15, 2014

the limits of liability and it is well established that this contract of insurance is the law between the parties.” … Commercial Union Insurance Company, 332 So.2d 909, 912 (La.App. 2 Cir. 1976) ("A motorcycle is clearly a land motor vehicle.”). .

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.

State v. Burkhalter

211 La. 342 · Supreme Court of Louisiana · Mar 17, 1947

Proof of a prior difficulty between the deceased and the accused on trial for murder is clearly admissible to establish intent. See State v. Davis, 149 La. 1009 , 90 So. 385 . … Attorney or an attempt to prejudice him with the jury by questions which are highly objectionable, where the judge has ruled in defendant’s favor and instructed the jury to disregard the remarks or the questions, it must clearly

Hood v. Cotter

978 So. 2d 988 · Louisiana Court of Appeal · Apr 18, 2008

Thus, to be qualified, Dr. … Cotter, M.D., or that the record fails to establish that the former healthcare provider was not a qualified provider under the Louisiana Medical Malpractice Act (MMA). [1] I would reverse the trial court's denial of LAMMICO's

Boudreaux v. STATE, DOTD

690 So. 2d 114 · Louisiana Court of Appeal · Feb 14, 1997

Mississippi excepted to the lack of subject matter and in personam jurisdiction, based on the eleventh amendment to the United States Constitution and Mississippi's sovereign immunity. … Alim Hannoura, a professor and director of engineering and applied sciences at the University of New Orleans, who qualified as an expert in the area of hydrology, having special expertise in the analysis of numerical data

Patout v. Underwriters at Lloyd's

16 La.App. 3 Cir. 879 · Louisiana Court of Appeal · Mar 1, 2017

The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v. … The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products.

Rivera-Colon v. St. Bernard Parish

District Court, E.D. Louisiana · Dec 19, 2022

To overcome qualified immunity, a plaintiff must establish that (1) the defendant’s conduct violated the plaintiff’s constitutional rights, and (2) the defendant’s conduct was objectively unreasonable in light of clearly … “The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if

Coastal Drilling Co. v. Dufrene

2014 La.App. 1 Cir. 0960 · Louisiana Court of Appeal · Jun 5, 2015

Thus, tax exemptions are strictly construed in favor of. the State and must be clearly and unequivocally and affirmatively established by the- taxpayer. Harrah’s Bossier City Investment Company, LLC v. … expressly and clearly conferred in plain terms.”

Charles Lee Gray, Arthur Leonard Sealy, III, and Paul Edward Peek, Sr. v. Jason Trevor Brown

Louisiana Court of Appeal · Aug 27, 2019

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or 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.

Hmeid v. Nelson Coleman Correctional Center

District Court, E.D. Louisiana · Oct 18, 2019

Importantly, defendants argue they are entitled to qualified immunity. Record Doc. No. 47-1 at pp. 14–15. “Qualified immunity is an immunity from suit rather than a mere defense to liability.” Pearson v. … Instead, “the dispositive question in this step of the qualified- immunity analysis is ‘whether the violative nature of particular conduct is clearly established.’” Cleveland v.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Oct 2, 2025

“To overcome an officers’ claim of qualified immunity on [plaintiff’s] claim of excessive force, [plaintiff] must show ‘(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive … Harvel, 993 F. 3d 325, 336-39 (5th Cir. 2021) (explaining that an officer continuing to shoot at an incapacitated individual is a clearly established constitutional violation))).

Lorenzo v. State Farm Mutual Automobile Insurance

983 F. Supp. 2d 852 · District Court, E.D. Louisiana · Nov 21, 2013

DISCUSSION Fraudulent or improper joinder can be established in two ways: (1) actual fraud in the pleading of jurisdictional facts, or (2) the inability of the plaintiff to establish a cause of action against the non-diverse … In other words, Canter does not transform vicarious liability against the employer into immunity for the individual employee-tortfeasor.