Case law

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.

Aviles v. United States

696 F. Supp. 217 · District Court, E.D. Louisiana · Oct 6, 1988

The United States, however, argues that it is immune from liability to the serviceman-plaintiff for his alleged damages. … The Coast Guard, though not within the Department of Defense, is clearly a "military service.” 14 U.S.C. § 1 ; United States v.

Broussard v. Smith

999 So. 2d 1171 · Louisiana Court of Appeal · Dec 3, 2008

Act 147 served to expand the list of defendants to co-employees (not just employers) granted immunity from suits by injured employees such that worker's compensation would be the exclusive remedy unless the intentional tort … If that is the case, there can be no point in providing the second prong of this definition as there is no behavior that would qualify under the stringent "substantially certain to result" test.

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.

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

Newsome-Goudeau v. State of Louisiana

District Court, W.D. Louisiana · Oct 4, 2019

Therefore, Defendant could not be entitled to qualified immunity at the motion to dismiss stage. … Defendant has apparently interpreted the Court’s ruling on qualified immunity at the motion to dismiss stage to mean that he is automatically entitled to qualified immunity if he can show that a suicide prevention policy

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

Chappuis v. Reggie

222 La. 35 · Supreme Court of Louisiana · Nov 10, 1952

Pursuant to this authority various city ■courts have from time to time been established, and in the year 1928, by Act No. 137, later incorporated as LSA-R.S. 13 :- .2141 et seq., there was established the City Court of the … Dark, 195 La. 139 , at page 150; 196 So. 47 , *45 and cases therein cited; the plaintiff’s contention that it is a “ward” or “municipal” office not included within the broader term is clearly untenable.

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.

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.

TERREBONNE SCHOOL BD. v. Southdown, Inc.

887 So. 2d 8 · Louisiana Court of Appeal · Jul 14, 2004

A court of appeal may not overturn a judgment of a trial court absent an error of law or a factual finding that is manifestly erroneous or clearly wrong. See Stobart v. … I agree with the holding of the majority that the state's constitutional immunity does not apply in this case.

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

Crowe v. La., LLC

241 So. 3d 325 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 47:301(10)(u) clearly and unambiguously excludes from local taxation the sales of tangible property made "under the provisions of Medicare"; and La. … The Sheriff established that ABC was unable to produce evidence from which to calculate the value of sales excluded from local taxation under La.

Babinski v. Queen

District Court, M.D. Louisiana · Sep 29, 2021

Public officials are entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant violated an actual constitutional or federal statutory right that is clearly established under existing law, … rights which were clearly established at the time of the violation.

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.

Webb-Goodwin v. Butler

869 So. 2d 228 · Louisiana Court of Appeal · Feb 23, 2004

For this reason, the district court committed manifest error, or was clearly wrong, in not granting petitioner relief. … The conclusion reached by the trial court is technically neither manifestly erroneous nor clearly wrong on the issue of whether Ms.

Opinion Number

Louisiana Attorney General Reports · Aug 17, 1999

The privilege or immunity from taxation cannot be determined by inference or implication from the wording of a statute or constitutional article, but must be clear in terms leaving no reasonable doubt. … jurisprudence as shown above, exemptions must be construed strictly, it is the opinion of this office that even if the non-profit corporations are created for day care and retirement home purposes, these entities do not qualify

Opinion Number

Louisiana Attorney General Reports · Sep 6, 1995

You ask "how is seniority determined when two or more persons qualify for a municipal police officer position in cities having a population of 13,000 and above". … R.S. 33:2492 provides for the establishment and maintenance of employment lists.