Case law

LaCoste v. Pendleton Methodist Hosp.

966 So. 2d 519 · Supreme Court of Louisiana · Sep 5, 2007

Expert medical evidence may be necessary to establish causation with regard to *527 the death of Mrs. … A proper analysis of this factor clearly demonstrates the wrong alleged is "treatment related."

Conner v. American Marine Corp.

96 La.App. 4 Cir. 2175 · Louisiana Court of Appeal · Nov 27, 1996

This court has held that six months is a considerable period of time for purposes of establishing borrowed employee status. Hall, supra. … RIGHT TO DISCHARGE EMPLOYEE Clearly, American Marine had the right to discharge the plaintiff.

Larkins v. Cage Contractors, Inc.

580 So. 2d 1068 · Louisiana Court of Appeal · May 30, 1991

Although plaintiffs are correct in saying that there is no requirement in Louisiana that a qualified acceptance be reduced to writing, plaintiffs still must prove that their acceptance, oral or written, is a qualified acceptance … Our review of the record establishes that the findings on the law and evidence which were adopted by the trial court are not clearly wrong and we conclude that there was no manifest error in this determination.

Miller v. Bossier

940 So. 2d 54 · Louisiana Court of Appeal · Sep 20, 2006

He opined that the Millers' motion and affidavits clearly established damages that would exceed $400,000 for two persons who lost their lives due to the malpractice of Schumpert. … committed by qualified health care providers.

State Ex Rel. Guste v. Audubon Park Commission

320 So. 2d 291 · Louisiana Court of Appeal · Oct 9, 1975

Orleans which act provided for the repeal of any laws in conflict with it and clearly establishes that whatever may be the status of the Valentine Merz Memorial Zoo situated on 10.4 acres of Audubon Park that the Audubon … established by the act.

Heirs of Primeaux v. Erath Sugar Co., Ltd.

484 So. 2d 717 · Louisiana Court of Appeal · Feb 20, 1986

The conditions clearly do not involve a buying back and, therefore, cannot be construed as a right of redemption. … A reading of the entire instrument in question clearly reflects that the parties intended to establish a conventional predial servitude containing a resolutory condition with an expressed reversionary clause.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Jun 6, 2024

Specifically, the Court found that Plaintiff overcame Dowdle’s defense of qualified immunity because she sufficiently alleged that the officers initiated a second round of shots after an initial round clearly incapacitated … ’s requested order limiting discovery to issues of Dowdle’s qualified immunity.

Succession of Withers

45 La. Ann. 556 · Supreme Court of Louisiana · Apr 15, 1893

assets of the succession of Withers in Louisiana, as its duly appointed and qualified and commissioned testamentary executor. … days’ limit therein established.

Hanewinckel v. ST. PAUL'S PROP. & LIABILITY INSURANCE, CO.

611 So. 2d 174 · Louisiana Court of Appeal · Dec 16, 1992

In rejecting the workman's compensation immunity defense, the court noted that the attack clearly did not arise out of plaintiff's employment duties, and that she had not yet reported for work. … Further, the court indicated that expert testimony could establish what might constitute a breach of duty.

Cloud v. Schedler

14 La.App. 3 Cir. 1261 · Louisiana Court of Appeal · Dec 3, 2014

Grace Ann Carpenter[, Rickey] Havi-land, Michelle Haviland and Todd Tom-erlin were registered and qualified to vote and did vote in the subject election. … It also provides the circumstances for immunity from prosecution.

Guillot v. Russell

District Court, W.D. Louisiana · Apr 14, 2022

The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial, thus qualified immunity questions should be resolved through summary judgment

Lake D'Arbonne Properties, L.L.C. v. Digco Utility Construction, Inc.

949 So. 2d 590 · Louisiana Court of Appeal · Jan 31, 2007

between them cannot be manifestly erroneous or clearly wrong. … Digco’s Liabilitg Digco pled the immunity provided by La. R.S. 9:2771 in its answer.

Garner v. City of Many

District Court, W.D. Louisiana · Sep 9, 2021

Whether an act is entitled to qualified immunity depends on if the official’s conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. See Harlow v. … As for legal advice to police concerning the publicization of information, qualified immunity applies because the advice provided was not objectively unreasonable in light of clearly established law.

Wilson v. Virgademo

258 So. 2d 572 · Louisiana Court of Appeal · Feb 7, 1972

This is clearly seen in the much-cited case of Boutte v. … II § 669 at page 790: "* * * a bystander, listening to A's conversation with B at the telephone, is qualified to report A's utterances heard by him, but in strictness is not qualified to report B's utterances as repeated

State v. Kellogg

104 La. 580 · Supreme Court of Louisiana · Nov 15, 1900

the fact that the other two members of the commission had not qualified. … facts to the jury, and, at the same time, admit the evidence, as though such existence had been established.

Grayson v. RB Ammon and Associates, Inc.

778 So. 2d 1 · Louisiana Court of Appeal · Nov 3, 2000

Thus, while this court in Green did not specifically set forth the burden of proof required to establish the existence of a single business enterprise, we clearly associated the "single business enterprise" theory with the … including immunity as provided by LSA-R.S. 23:1032 of the workers' compensation law.

Scott v. State of Louisiana

District Court, E.D. Louisiana · Jun 9, 2020

Under the doctrine of qualified immunity, public officials are shielded from liability for civil damages “unless the official violated a statutory or constitutional right that was clearly established at the time of the … “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the defendant] violated clearly established statutory or constitutional rights.” Wicks v. Miss.

Celcog, L.L.C. dba Strawn's Eat Shop Too, Monjuni's of Portico, Inc., Air U Shreveport, LLC, The Brain Train, LLC, and Bearing Service & Supply, Inc. v. Adrian Perkins, in his Official Capacity as Mayor of the City of Shreveport, Louisiana

Louisiana Court of Appeal · May 18, 2022

Here, as in Hughes, Businesses’ petition clearly contains material facts sufficient to support a demand for recovery under § 1983. … Supreme Court established in Hensley v. Eckerhart, 461 U.S. 424, 103 S. Ct. 1933, 76 L.

Milbert v. Answering Bureau, Inc.

12 La.App. 3 Cir. 632 · Louisiana Court of Appeal · Dec 5, 2012

Under Louisiana law, this filing suspends the running of prescription against “all joint tortfeasors, including but not limited to providers, both qualified and not qualified to the same extent that prescription is suspended … Thus, Dexcomm, if it is established it is a joint tortfeasor, is covered under the Act.

Williams v. City of Baton Rouge

District Court, M.D. Louisiana · Jun 10, 2024

Discussion The Forensic Defendants invoke qualified immunity. … For this reason, Guidry is entitled to qualified immunity. III.