Case law

Eckstein v. Becnel

250 So. 3d 1046 · Louisiana Court of Appeal · Jun 27, 2018

Upon review, the parties clearly raised and addressed the issue of Mr. Eckstein's entitlement to an audit in their pleadings and argument. … Eckstein, as the mover, would have the burden of proof to establish his entitlement to a cease and desist order. However, Mr.

Johnson v. Orleans Parish School Board

2014 La.App. 4 Cir. 0277 · Louisiana Court of Appeal · Apr 26, 2017

that the finding is not clearly wrong (manifestly erroneous).” … established. .. .

Opinion Number

Louisiana Attorney General Reports · Jul 19, 1996

In fact, a church or school may be qualified with the Division as a non-commercial lessor and lease its establishment to other charitable organizations to conduct gaming activity. … An established church . . ." Therefore, this term would clearly seem to include churches and schools licensed by the Division to conduct charitable gaming activity.

Beard v. Rickert Rice Mills, Inc.

164 So. 636 · Louisiana Court of Appeal · Dec 16, 1935

The facts upon which plaintiff relies are, in our opinion, fully established by the record, though our learned brother below expressed, in his reasons for judgment, some doubt on the subject. … In our opinion, the Compensation Law intended to and did establish in favor of two classes of dependents a right to compensation in the event of the injury or death of an employee.

Goodwyne v. Goodwyne

639 So. 2d 1210 · Louisiana Court of Appeal · Jun 30, 1994

Counsel for LL & E indicated plaintiff was not entitled to CBA because it was not part of the qualified plan. … Irrespective of whether the CBA was in existence at the time of the original partition, the evidence clearly established that without the 18 years of service during the time he was married and working for the company, Mr.

Carter v. City of Shreveport

District Court, W.D. Louisiana · Jan 21, 2021

Qualified immunity protects government officials against individual liability for civil damages, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Nevertheless, the Court must still determine the appropriateness of qualified immunity by asking whether “the defendant’s actions were ‘objectively reasonable’ in light of ‘law which was clearly established at the time

Simmons v. Avoyelles Parish Police Jury

District Court, W.D. Louisiana · Apr 18, 2024

The Fifth Circuit has established that the court must determine a defendant's entitlement to qualified immunity “at the earliest possible stage of the litigation.” , 54 F.4th 307, 310 (5th Cir. 2022) (quoting … Even discovery limited to the issue of qualified immunity is permitted only if the court is unable to rule on the qualified immunity defense without additional facts, and then, only such discovery as is necessary

Cooper v. Bouchard Transportation

140 So. 3d 1 · Louisiana Court of Appeal · Mar 27, 2013

the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” … Allstate, 11 the Third Circuit allowed a qualified life care specialist to establish future medical expenses for the plaintiff.

Young

District Court, E.D. Louisiana · Aug 13, 2026

Defendants invoked qualified immunity. ECF No. 8. The Court’s March 25, 2026, Scheduling Order scheduled the trial for October 26, 2026, with a discovery deadline of August 7, 2026. … Although the Scheduling Order’s discovery deadline has passed, the parties have delayed fact discovery until resolution of the qualified immunity defense.

Dejoie v. Medley

945 So. 2d 968 · Louisiana Court of Appeal · Dec 20, 2006

An entity must qualify as a juridical person to have the capacity to be sued. Dugas v. … It merely establishes it as a fund and addresses for what purpose the money from the fund can be used.

Burstein v. State Bar of California

503 F. Supp. 227 · District Court, E.D. Louisiana · Dec 18, 1980

personal jurisdiction, failure to establish subject matter jurisdiction, the barring of the complaint by the Eleventh Amendment, the clothing of the defendant with judicial immunity in performing its bar examination function … The activity which plaintiff suggests is sufficient to qualify as “substantial contact” includes: (a) the fact that the State Bar has allowed 89 persons who attended Tulane, Loyola, Southern, or Louisiana State University

Gallion v. Keegan

39 La. Ann. 468 · Supreme Court of Louisiana · Apr 15, 1887

The foregoing extracts sufficiently establish the true nature of the suit to be an action against the administrator of a deceased tutor to recover an amount due by him in virtue of his gestión. … But the plaintiff’s action respecting these “acts of the tutorship” *470 conies too late and is clearly barred by Hie prescription pleaded. Cochran vs. Violet, 37 Ann. 223; Bedell vs. Calder, Id. 805.

Hall v. City of New Orleans

400 So. 2d 265 · Louisiana Court of Appeal · May 15, 1981

Inasmuch as the Sewerage and Water Board failed to prove any of the three elements which would relieve them of liability, the Sewerage and Water Board clearly is liable. … There was no effort to establish how often a truck was there, whether the truck was plaintiff's truck or belonged to someone else.

Crittindon v. Gusman

District Court, M.D. Louisiana · Apr 13, 2020

address these two questions sequentially; it can proceed with either inquiry first. 110 “If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is … The OPSO Defendants first contend that they are entitled to qualified immunity in their individual capacities because the constitutional rights in question were not clearly established.

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457 So. 2d 180 · Louisiana Court of Appeal · Sep 26, 1984

The court then determined that the legislative aim was to equate an “intentional act” with the well-established meaning of “intentional tort.” … As Justice Lemmon explained: *184 “We reject the argument that the Legislature inserted the word ‘normal’ to exclude from immunity an executive officer or coemployee who, while clearly in the course of employment, deviates

Ewing v. Aubert

566 So. 2d 616 · Supreme Court of Louisiana · Dec 5, 1990

Paul Fire and Marine Insurance Company and the limits of liability established for Clinton C. Aubert, M.D., as a qualified health care provider. 5. … Clearly, plaintiff's attempt to raise a constitutional challenge in his supplemental and amending petition of October 29, 1985 was too late; by this time, Dr.

Outley v. Batiste

District Court, M.D. Louisiana · Aug 23, 2019

Defendants contend they are entitled to qualified immunity with respect to such claims. … immunity analysis, this law was clearly established at the time the alleged incident occurred.

Christy v. McCalla

79 So. 3d 293 · Supreme Court of Louisiana · Dec 6, 2011

The opinion assumes Christy was required to establish a denial of due process on the part of the School Board as part of his tort claim. … The School Board's claim that it is entitled to immunity for tort claims is unavailing. The doctrine of sovereign immunity is expressly disclaimed by La. Const, art.

Hamilton v. McKeithen

254 La. 683 · Supreme Court of Louisiana · Jun 9, 1969

Four of the five members are selected from a panel of names submitted by private organizations completely beyond and immune to the elective process. … The people of Michigan (qualified school electors) elected the local school boards.

State of Louisiana v. Christopher J. Wells

209 So. 3d 709 · Supreme Court of Louisiana · Dec 8, 2015

One member of the panel (Landrieu, J.) dissented on the basis that defendant was engaged in the unlawful act of attempting to buy marijuana when he shot the victim, and the 2006 amendment to La.R.S. 14:20 clearly distinguishes … See Wells, 11-0744, p. 3, 156 So.3d at 172 (―In essence, the majority finds that subsection D ‗stands alone,‘ such 11 that it is not qualified by subsection C . . . or by any of