Case law

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.

Colgate v. Mughal Bros., Inc.

836 So. 2d 1229 · Louisiana Court of Appeal · Jan 29, 2003

R.S. 9:2800.1 does not immunize the bar owner from liability; however, neither is that bar owner absolutely liable. Berg, 786 So.2d at 714 . … Nevertheless, I can agree that causation was not established in this case. Sandage left the defendant's club and drove without incident to another establishment where alcohol was also accessible.

McKay v. Davis

District Court, E.D. Louisiana · Sep 14, 2022

“from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”122 Qualified immunity is an “immunity from … whether qualified immunity is still appropriate because the defendant’s actions were ‘objectively reasonable’ in light of ‘law which was clearly established at the time of the disputed action.’”130 Officials

Hebert v. Richard

10 La.App. 3 Cir. 1417 · Louisiana Court of Appeal · Jul 6, 2011

Employment Status/Tort Immunity The trial court found that Mr. … In Perry, however, while the father ran both companies, we made it clear that each company “maintained separate equipment” and that the injured son “clearly acquiesced” in the exchange of services.

National Information Services v. Gottsegen

737 So. 2d 909 · Louisiana Court of Appeal · Jun 1, 1999

They contend the exhibits are hearsay because NIS failed to produce a qualified person to attest to their authenticity. La. C.E. … The party who seeks to introduce written evidence must in some way, nonetheless, authenticate it by a qualified witness.

Ballard v. Goldsby

142 La. 15 · Supreme Court of Louisiana · Jun 11, 1917

profession of physician, attorney at law, editor, dentist, oeculist, photographer, jeweler and all other business not herein provided for shall be graded the same as above Bet forth, but the license shall be one half of those established … does no business on his personal account; that his services, rendered within the state, are exclusively devoted to, and remunerated by, his said principal; and that, though a professional man, he is a clerk, within the immunity

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

Odeh v. Butler

District Court, E.D. Louisiana · Oct 4, 2024

Qualified immunity In order to defeat qualified immunity, a plaintiff “must show that there is a genuine dispute of material fact and that a jury could return a verdict entitling … constitutional injury.”44 The plaintiff must further show that their “version of those disputed facts [] also constitute a violation of clearly established law.”45 a.

Pittman Const. Co., Inc. v. PARISH OF E. BATON ROUGE

493 So. 2d 178 · Louisiana Court of Appeal · Jul 7, 1986

In the absence of legislation expressing the need for such a rule, we decline to establish one, leaving the establishment of such a rule to the legislature. … The Pre-Qualified System Vendors were those vendors, manufacturers, or suppliers of equipment who, in accordance with the procedures established and contained within the documents, were to be approved by the engineer in advance

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.

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.

Jackson v. Dickens

236 So. 2d 81 · Louisiana Court of Appeal · Feb 2, 1970

She had not at this time actually qualified as her son’s tutrix. Therefore, on July 5, 1968, defendant filed the instant exception. … Article 4031 of the Code of Civil Procedure 2 clearly requires that in cases involving illegitimate children, a petition for the appointment of a tutrix for such child shall be filed in the parish where the minor resides.

Brown v. Rudy Smith Service, Inc.

441 So. 2d 409 · Louisiana Court of Appeal · Nov 10, 1983

that the finding is not clearly wrong. … The appellate court should determine whether the district court judgment is clearly wrong considering all the evidence. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). Here, the trial judge was clearly wrong.

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.

State v. Williams

29 La. Ann. 779 · Supreme Court of Louisiana · Nov 15, 1877

The Seventh Municipal District was the city of Carrollton, in the parish of Jefferson, part of the Second Judicial District of the State, established by the act of 1860. … The Sixth Municipal District, which was annexed to the parish of Orleans, was clearly under the jurisdiction of the First Judicial District from and after the genez’al election of 1872; and we held that it necessarily so

Smith v. Thurman Oils, Inc.

2006 La.App. 1 Cir. 0743 · Louisiana Court of Appeal · Dec 28, 2006

Clearly, Mr. Smith's testimony established that he was not disabled within the meaning of the LEDL. Therefore, this assignment of error has no merit. THE SOCIAL SECURITY DISABILITY ISSUE While Mr. … He therefore has failed to create a material issue of fact of whether he is qualified for the position he sought.

Fetty v. The Louisiana State Board of Private Security Examiners

District Court, M.D. Louisiana · Jan 31, 2020

As to qualified immunity, Defendants argue that Plaintiffs cannot establish that they acted objectively unreasonable under clearly established law. … “ ‘Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Kisela v.

Turner v. Southwest Louisiana Hosp. Ass'n

2003 La.App. 3 Cir. 0237 · Louisiana Court of Appeal · Oct 1, 2003

Brookshire Bros., Ltd., 02-2404, 02-2421 (La.6/27/03), 848 So.2d 559 , which held that in a trial against the Fund for excess damages, evidence that victim or third party fault caused any portion of the damages "is clearly … (C)(5). [1] *1242 Accordingly, we find the well reasoned and established rationale of Stuka controlling in the case before us.

Dietz v. Dietz

14 La.App. 3 Cir. 1164 · Louisiana Court of Appeal · May 6, 2015

As this litigation clearly established, Mrs. Dietz was not satisfied in pursuing Mr. Dietz through the legal channels available to her in both Mexico and Louisiana; nor was she satisfied with the results achieved by Mr. … that the finding is clearly wrong (manifestly erroneous).

Favalora v. Aetna Casualty & Surety Company

144 So. 2d 544 · Louisiana Court of Appeal · Jun 29, 1962

Hartford also concedes that the immunity of its said insured may not be plead in defense of plaintiff's claim against said insurer. … Although plaintiff could have volunteered such information, it is clearly shown that she was not questioned with respect thereto.