Case law

Darbonne v. Wal-Mart Stores, Inc.

774 So. 2d 1022 · Louisiana Court of Appeal · Nov 2, 2000

Nelson's background and expertise, it wrongly qualified him. … Darbonne did not establish their case by a preponderance of the evidence.

Pontchartrain Park Homes, Inc. v. Sewerage & Water Board

246 La. 893 · Supreme Court of Louisiana · Nov 9, 1964

The instant proceeding followed, its purpose being to establish the right of Pontchartrain to collect the legal interest provided for in its final judgment. … Since the prior judgment involved herein was at the most merely voidable and not absolutely void (it was not attended with any vices of form and the court was clearly vested with jurisdiction of the subject matter and of

Pyatt v. CALCASIEU PARISH SHERIFF'S OFFICE

8 La.App. 3 Cir. 1417 · Louisiana Court of Appeal · May 6, 2009

He claims that the trial court erred in not striking the affidavits of Judge Minaldi and the arresting officer; in relying on those for his decision; in ruling that the CPSO had qualified immunity; in finding no bad faith … Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. Reese v.

Velazquez v. Westwego City

District Court, E.D. Louisiana · Mar 31, 2021

Qualified immunity shields government officials from civil liability so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … the defendants to qualified immunity.

Wingard v. State of Louisiana, Department of Public Safety & Corrections

District Court, M.D. Louisiana · Mar 29, 2022

’s constitutional rights and whether the rights allegedly violated were clearly established at the time that the violation occurred.93 The two elements may be analyzed in either order.94 “When a defendant invokes qualified … ; the unlawfulness need only be readily apparent from relevant precedent in sufficiently similar situations.”99 “[A]n official does not lose qualified immunity merely because a certain right is clearly established in the

State v. Sylvester

388 So. 2d 1155 · Supreme Court of Louisiana · Sep 3, 1980

At trial the prosecution based its case on evidence relating to motive and on the testimony of Ford, to whom immunity had been granted. … involve prosecutorial misconduct in suppressing favorable evidence, but rather the exercise of judicial discretion in determining whether the evidence is materially favorable. [6] Moreover, the evidence at issue is not clearly

Wingfield v. STATE, DEPT. OF TRANSP.

835 So. 2d 785 · Louisiana Court of Appeal · Nov 8, 2002

or establish that the majority of their opinions were scientifically unreliable. … That is, the trier of fact's findings may be set aside only if found to be clearly or manifestly wrong. See Snearl v.

State v. Grey

257 La. 1070 · Supreme Court of Louisiana · Feb 24, 1971

In the light of the witness’s earlier statement that the two Grey boys participated in the burglary with him, his testimony before the jury that they were not present clearly constituted surprise upon a material matter “against … He said he could not tell how many whites and how many Negroes were qualified for inclusion in the general jury venire.

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2001

There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B). … Unless the fundamental rights or privileges or immunities of a person are involved, a strong presumption exists that the legislature, in adopting legislation, has acted within its constitutional authority.

Roe v. Picou

361 So. 2d 874 · Supreme Court of Louisiana · Aug 18, 1978

As in Rousseau , we reject any disqualification of a candidate because of technical alleged inadequacies in the description of the office sought, where both the candidate and his opponent were clearly aware of his intent … Picou simply mistakenly qualified for the wrong position. In my view, reformation of a candidate's application for public office by the courts establishes a dangerous precedent. Accordingly, I respectfully dissent.

Batson v. South Louisiana Medical Center

750 So. 2d 949 · Supreme Court of Louisiana · Nov 19, 1999

Standard of Review A trial court's findings of fact may not be reversed absent manifest error or unless clearly wrong. Stobart v. … This court has noted that the Act must be strictly construed because it grants immunity or advantages to special classes in derogation of general rights available to tort victims.

Municipality No. Three v. Michoud

6 La. Ann. 605 · Supreme Court of Louisiana · Jun 15, 1851

We must, within certain limits, apply the law as we find it written, and be guided exclusively by the established rules of interpretation, which can alone give it certainty. … The first section of the act of 1847 clearly comes within the intendment of its title.

Slone v. Greber

989 So. 2d 273 · Louisiana Court of Appeal · Aug 13, 2008

The trial court granted the officer statutory immunity under La. R.S. 32:42(C) and rejected plaintiff's claim for damages. This appeal ensued. We affirm. … clearly wrong.

Price v. ERBE USA, INC.

9 La.App. 3 Cir. 1076 · Louisiana Court of Appeal · Jun 9, 2010

We have instructed the appellate courts that where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. … Humphries is in conflict on this issue of consent for the polypectomy, other evidence establishes that Mr.

Scott v. Stokes

976 So. 2d 769 · Louisiana Court of Appeal · Jan 23, 2008

No otherwise qualified disabled person shall, on the basis of a disability, be subjected to discrimination in employment B. … Clearly, if a person is not found to have a "known physical limitation," then they are not owed a "reasonable accommodation." La.Rev.Stat. 23:322(9).

Elisa Knowles Collins v. Leslie Ricard Chambers, Hon. Marcus L. Hunter, and Nancy Landry in Her Capacity as the Secretary of State for the State of Louisiana

Louisiana Court of Appeal · Aug 8, 2024

S. 18:492(A)(7) allows a candidate to be dis-qualified even when he or she is in point of fact qualified as that word is defined by the Louisiana Constitution. … Even pretermitting the Constitutional primacy argument, these two candidates should not be eliminated as candidates based on the clearly understood wording of La. R. S. 18:492(A)(7).

Schwegmann Bros. Giant Super Markets, Inc. v. Pharmacy Reports, Inc.

486 F. Supp. 606 · District Court, E.D. Louisiana · Mar 7, 1980

Unfortunately, following such reasoning to its logical conclusion would in this case virtually immunize the defendant from the law of libel, see Buckley v. … Insignificant only for purposes of establishing a continuous presence in the state.

Arnold v. Ouachita Parish Fire Department

12 So. 3d 461 · Louisiana Court of Appeal · May 13, 2009

The trial court erred in finding that the discretionary function immunity conferred by La. … that the fact finder is clearly wrong or manifestly erroneous.

Exotic Feline Survival Ass'n v. City of Hammond

479 So. 2d 645 · Louisiana Court of Appeal · Nov 19, 1985

The Articles of Incorporation provides that Feline “shall possess all the powers, rights, privileges, capacities and immunities which non-profit corporations are authorized” by law. … Charities § 2(a), pp. 416-418, appears the following: *649 A charitable institution has been defined as one for the relief of a certain class of persons, either by alms, education, or care, a corporate body or establishment

North Atlantic Security Company v. Blache

District Court, M.D. Louisiana · Nov 10, 2020

Qualified Immunity Alternatively, Blache alleges that North Atlantic cannot show that Blache personally violated a constitutional right that was clearly established at the … in the particular case at hand.”100 “‘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.’”101