Case law

State ex rel. of L.W.

9 La.App. 3 Cir. 243 · Louisiana Court of Appeal · Jun 3, 2009

Adkins, Ph.D., as an expert qualified to offer an opinion in this case? 2. … The first element of Article 1015(5) is clearly established based on facts in the record revealing that the children were in State custody for more than one year when the termination trial was held and the judgment granting

Taylor v. Town of Arcadia

519 So. 2d 303 · Louisiana Court of Appeal · Jan 20, 1988

The statement, "... you are going to like the food in Angola" clearly qualifies as defamatory per se, (i.e. defamatory by its very nature, without the aid of extrinsic proof) and the law presumes it was made with malice. … Therefore, plaintiff successfully established four of the five essential elements for a cause of action in defamation with respect to this statement. However, the final element, resulting injury, was not established.

Graham v. ST. CHARLES GENERAL HOSP.

590 So. 2d 818 · Louisiana Court of Appeal · Nov 26, 1991

It is well established that statutes of limitation are remedial in nature and as such are generally accorded retroactive application, unless such application would disturb a party's preexisting or vested right. Lott v. … As the amendment in question lengthens the applicable prescriptive period, there is clearly no disturbance of vested rights.

Ramey v. DeCaire

869 So. 2d 114 · Supreme Court of Louisiana · Mar 19, 2004

Pleadings which establish only possibility, speculation, or unsupported probability do not suffice to establish a *121 cause of action. See Todd v. … immunity provided by La.

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

Daniels v. Rester

District Court, E.D. Louisiana · Sep 23, 2020

“Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly establisLhyetlde svt. aBtuextoarry C oour nctoyn, Tsteitxuatsional rights of … In determining whether a governmental official is entitled to qualified immunity, the appropriate inquiry is: (1) whether the plaintiff has demonstrated a violation of a clearly established constitutional right

State ex rel. Lemonnier v. Beard

34 La. 273 · Supreme Court of Louisiana · Mar 15, 1882

The evidence clearly establishes them to be as alleged by the litigants. … Lamantia, 33 A. 447 , we have clearly announced the law on that subject, and we affirm what we there said.

ONE RIVER PLACE CONDO. ASS'N INC. v. Mitchell

609 So. 2d 942 · Louisiana Court of Appeal · Nov 18, 1992

The Court stated as follows: an exemption is an exceptional privilege and it must be clearly and unequivocally and affirmatively established, for it is an elementary rule of construction in our jurisprudence that exemptions … Clearly, the dominant estate owner may not alienate the land on which the servitude is granted nor may he collect the fruits of the ground on which the servitude is granted.

Chaney v. Travelers Insurance Co.

238 So. 2d 847 · Louisiana Court of Appeal · Jun 30, 1970

It appears the owner need only establish causal relationship between the damage and the construction activity on a public project. This is but a reiteration of the well established rule applied in Kendall v. … The cases do not establish a rule of general immunity for public agencies with respect to construction of public works.

Kelly v. Stassi

District Court, M.D. Louisiana · Feb 25, 2022

Qualified Immunity Defendants raise the defense of qualified immunity. … Qualified immunity shields government officials from liability in their performance of discretionary functions unless their conduct violated a clearly established constitutional right.110 “Once raised, a plaintiff has

Connelly v. Veterans Administration Hospital

23 F. Supp. 3d 648 · District Court, E.D. Louisiana · May 15, 2014

However, the defendant has failed to produce any evidence whatsoever to establish that normal cleaning procedures occurred, that maintenance was not called or did not appear at the scene, and that the video tape which clearly … Federal Tort Claims Act “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” 59 Since “[sjovereign immunity is jurisdictional in nature,” the United States may only be sued with

Karen Carter Peterson v. Allen Helwick Borne, Jr., Kyle Ardoin, in His Official Capacity as the Secretary of State, and C. Arthur Morrell, in His Official Capacity as the Chief Election Officer for Orleans Parish

Louisiana Court of Appeal · Aug 22, 2019

“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” … The use of the word “shall” establishes a mandatory duty. La. R.S. 1:3; Hamilton v. Royal Int'l Petroleum Corp., 2005-0846, p. 11 (La. 2/22/06), 934 So.2d 25, 33.

Carey v. Rao

2001 La.App. 4 Cir. 1235 · Louisiana Court of Appeal · Sep 11, 2002

are clearly wrong or manifestly erroneous. … Clearly, the Careys established a breach of the standard of care owed to Joseph. Thus, the district court did not err in denying the Motion for Directed Verdict nor was the jury clearly erroneous in their findings.

State Board of Ethics v. Arnold

184 So. 3d 60 · Louisiana Court of Appeal · Sep 28, 2015

After reviewing the entire record, the appellate court may reverse the trier of fact’s findings if there is no reasonable factual basis for such findings, and the -.record establishes that the trier of fact was clearly- wrong … In both cases, the Board put on evidence sufficient to establish a prima facie case that the candidates actually owed the late fees when they qualified.

Smith v. Louisiana Department of Corrections

618 So. 2d 1065 · Louisiana Court of Appeal · Apr 23, 1993

The testimony of the vocational rehabilitation expert established that there were two available jobs out of the ten possible jobs for which the plaintiff would be qualified, and that the plaintiff was entitled to reemployment … Breaud’s testimony clearly indicates that the degree of fear which the plaintiff was displaying was medically unfounded.

State ex rel. Board of Commissioners of the Lake Borgne Basin Levee District v. Bergeron

235 La. 879 · Supreme Court of Louisiana · May 26, 1958

It is fundamental that to enact is to decree, to establish by law and to perform or effect a law. To reenact is to enact again. … and qualified by the succeeding executive.

Llano Del Rio Co. of Nevada v. Anderson-Post Hardwood Lumber Co.

79 F. Supp. 382 · District Court, W.D. Louisiana · Aug 2, 1948

Ferguson and Woosley, in the matters charged, acted both in their “private and personal capacity” and as “duly appointed and qualified attorneys “for such receiver, under appointment of said court * * * ”. . … Then, too, it was found by this court that under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 , as it stood at that time, it was necessary to establish that 75 per cent of the stockholders of the corporation were farmers

Committe v. Gentry

District Court, W.D. Louisiana · Jun 23, 2020

In so ruling, we find the issue of qualified immunity need not be further discussed as Committe fails to assert any meritorious claims against Vickie Gentry (“Gentry’’) for violating his academic freedom, due process rights … Finally, Committee further fails to establish a violation of any privileges or immunities under either Article IV of the Constitution or the Fourteenth Amendment.

Weaver v. Louisiana Bureau of Investigation

District Court, W.D. Louisiana · Aug 9, 2023

In some circumstances, however, state actors are immune from § 1983 lawsuits and other legal challenges under the doctrine of qualified immunity. … Qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory or constitutional

Ragas v. Hingle

2013 La.App. 4 Cir. 1577 · Louisiana Court of Appeal · Jul 9, 2014

DISCUSSION On appeal, the plaintiffs raise the following lone assignment of error: “[t]he Judge was clearly biased, had obviously pre-judged the matter, did not conduct a fair trial and was clearly wrong in granting the motions … Due to their lack of credibility, the plaintiffs would not be able to establish their case by a preponderance of the evidence.