Case law

Dumas v. STATE EX REL. DEPT. OF CULT., REC.

828 So. 2d 530 · Supreme Court of Louisiana · Oct 15, 2002

The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v. … While we recognize that these articles, which substantially impede the ability of an injured party to obtain full recovery of his damages, are in derogation of established rights and are to be strictly construed, Touchard

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.

Magee v. Landrieu

653 So. 2d 62 · Louisiana Court of Appeal · Mar 17, 1995

Applying the first factor, we determine whether Chamberlain and Rick were decisions of first impression whose resolutions were not clearly foreshadowed. … Section 10(A) abolished sovereign immunity and recognized the right of an individual to sue and collect damages from the state.

Webb v. Lincoln Parish Sheriffs Office

District Court, W.D. Louisiana · Nov 21, 2019

To overcome qualified immunity, a plaintiff must first establish that a constitutional violation occurred and, second, that the violation was of a clearly established right. Cok ». … To overcome 19 qualified immunity, a plaintiff must first establish that a constitutional violation occurred and, second, that the violation was of a clearly established right.

Spell v. Edwards

District Court, M.D. Louisiana · Jan 12, 2022

Plaintiffs’ claims to damages are defeated by the qualified immunity doctrine Qualified immunity shields a government official from liability for civil damages … ,” and (2) “whether the right was ‘clearly established.’”

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.

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.

Kennedy v. Item Co.

213 La. 347 · Supreme Court of Louisiana · Feb 16, 1948

Markley, supra, clearly demonstrates the error into which the lower court fell for that case is only authority for the generally accepted rule of law as above quoted. … Clearly under these facts the editorial was not privileged under the doctrine of fair comment and criticism and it was, therefore, actionable.

Noveh v. Broadway, Inc.

673 So. 2d 349 · Louisiana Court of Appeal · May 10, 1996

Jurisprudence clearly establishes that the appropriate standard of review of factual findings in workers' compensation cases is the "manifest error—clearly wrong" standard. Alexander v. … The evidence establishes that Noveh was able to work, albeit with restrictions, following her injury, as is evidenced by her return to work at K Bar B until January of 1993, and by her working as a telemarketer until August

State v. Giovanni

409 So. 2d 593 · Supreme Court of Louisiana · Jan 25, 1982

Paul Terry Prejean and his wife, Margaret Ellen Prejean, were definitely shot in the head and their infant son, Jessie Paul Prejean, may also have been shot, although that has not been clearly established. … Any bias or prejudice with regard to the state's offer of immunity could only become relevant for impeachment purposes if the subject testified, a matter not clearly known to the prosecution until the day before his testimony

Putzeys v. Schreiber

576 So. 2d 563 · Louisiana Court of Appeal · Feb 28, 1991

Rollins qualified as self-insured under La.R.S. 32:1042 and obtained a certificate of self-insurance for the first $250,000 in liability. Rollins rejected U/M coverage under the National Union policy. Mr. … Since the amendment does not establish new rights or obligations but merely clarifies existing law, it is retroactive. The judgment is affirmed.

State v. Hurst

828 So. 2d 1165 · Louisiana Court of Appeal · Sep 25, 2002

The record contains portions of a police report stamped by the court December 22, 1999, which clearly sets out that the videotape existed. … The minute entry of October 29, 1999 establishes that the State filed a copy of the police report. A State answer to discovery on December 22, 1999 establishes that the State referred the defense to crime lab reports.

Branch v. Willis-Knighton Medical Center

607 So. 2d 883 · Louisiana Court of Appeal · Oct 28, 1992

La.Civ.Code art. 2322.1, purporting to provide immunity to health care providers from certain strict liability, was added in 1981. … Clearly, the Legislature did not intend to include liability for all defective things in the custody of the provider which caused injury to a patient.

Petit v. Ducote

253 So. 3d 252 · Louisiana Court of Appeal · Aug 6, 2018

Appellate courts review a trial court's findings of fact under the manifest error or clearly wrong standard. Nixon v. Hughes , 15-1036 (La. App. 4 Cir. 9/29/15), 176 So.3d 1135 , 1137. … Petit did establish a prima facie case that Mr. Ducote is domiciled in Pennsylvania, Mr.

Rhodes v. State ex rel. Department of Transportation & Development

94 La.App. 1 Cir. 1758 · Louisiana Court of Appeal · May 5, 1995

against sovereign immunity in tort and contract suits.” … sovereign immunity.

Frank v. City of Lake Charles

District Court, W.D. Louisiana · Jun 15, 2022

[the employee’s] actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.” … With respect to the first prong, the officers are only entitled to qualified immunity at the summary judgment stage if their use of force was not “clearly excessive to the need” or if the excessiveness was not “objectively

Pellegrin

District Court, E.D. Louisiana · Mar 9, 2026

Pellegrin’s claim against Brewester is barred by absolute and/or qualified immunity. See Williams v. … Court clerks have absolute immunity from actions for damages arising from actions they are specifically required to perform by court order or discretionary action, and qualified immunity for routine duties not explicitly

Lee Mallahan, III v. Eric Guevara

Louisiana Court of Appeal · Sep 27, 2023

Furthermore, the policies clearly intend to provide liability coverage for persons actually using covered vehicles in the course and scope of their work for Tadpole. … As a result, Mallahan failed to establish a genuine issue of material fact or that Employers Mutual was not entitled to judgment as a matter of law.

Washington v. Winn-Dixie of Louisiana, Inc.

736 F. Supp. 1418 · District Court, E.D. Louisiana · Mar 29, 1990

Defendant Winn-Dixie of Louisiana, Inc. has established an employee welfare benefit plan under ERISA, 29 U.S.C. §§ 1001-1461 . … Policy that provides a type of Health Expense Insurance for any expense incurred by an Insured Person: A. on account of in connection with: 1. an examination not required for care and treatment of a Sickness or Injury, immunization

State v. Wisham

371 So. 2d 1151 · Supreme Court of Louisiana · May 21, 1979

"Louisiana decisions have held that jurors are competent to establish an overt act independent of the jury deliberations, if this overt act is in violation of law or of *1154 the statutory formalities designed to assure the … La.R.S. 15:470 provides that: "No juror . . . is competent . . . to give evidence to explain, qualify or impeach . . . any verdict . . . ."