Case law

In re the Louisiana Savings' Bank & Safe Deposit Co.

35 La. Ann. 196 · Supreme Court of Louisiana · Jan 15, 1883

So far as that part of the judgment of July 1st, which decrees for *199 feiture of tlie charter, is concerned, it must clearly be reversed, for two reasons: 1st. It is idtra petitionem. Morgan vs. … The immunity from such interference is evidently personal, and capable of being waived by proper and valid consent, in the case of corporations, as in the case of individuals.

Borel v. Young

947 So. 2d 824 · Louisiana Court of Appeal · Dec 29, 2006

suit against all tortfeasors, qualified or non-qualified, during the pendency of the panel proceeding. … The appellate court found " LeBreton and the cases following it recognize that the legislature has established special rules for prescription under the Medical Malpractice Act.

In re Manson Construction Co.

883 F. Supp. 2d 659 · District Court, E.D. Louisiana · Jul 26, 2012

The Supreme Court has established that the “test for determining whether a State has waived its immunity from federal-court jurisdiction is a stringent one.” Sossamon v. … Having established that Claimant’s third-party complaint constitutes a suit against the state for purposes of Eleventh Amendment immunity, we must turn now to the issue of whether the state has waived that immunity. Hi.

Brister v. Continental Ins. Co.

712 So. 2d 177 · Louisiana Court of Appeal · Apr 8, 1998

Richard Paddison, qualified as an expert in the field of neurology, reviewed voluminous medical records and assessed Mrs. Brister's condition. His testimony by video deposition established that Mrs. … Brister's treating physician, was qualified as an expert in general surgery and adult family practice. He testified that Mrs.

Davis v. Department of Police

590 So. 2d 850 · Louisiana Court of Appeal · Dec 11, 1991

Unless the record contains insufficient evidence to support the administrative decision or shows that the decision was clearly wrong, the decision must be affirmed. Id. … The commission was not required to prove that Davis violated a specific departmental rule in order to establish legal cause for the disciplinary action.

Castille v. St. Martin Parish School Board

15 La.App. 3 Cir. 997 · Louisiana Court of Appeal · Apr 27, 2016

that the factfinder is clearly wrong or manifestly erroneous. … Maraist & Thomas C. .Galligan, The Employer’s Tort Immunity: : A Case Study in Post-Modern Immunity, 57 La. L.Rev. 467, 473 (1997).

Jordan v. The City of Plaquemine

District Court, M.D. Louisiana · Dec 19, 2023

immunity. … The qualified immunity doctrine turns the traditional summary judgment burden on its head, requiring Plaintiff—the non-moving party—to “demonstrate the inapplicability of the defense.” Rogers v.

Claudio v. SILLA COOLING SYSTEMS

10 La.App. 5 Cir. 52 · Louisiana Court of Appeal · Dec 14, 2010

Claudio and Hartford introduced insufficient evidence to establish a prima facie case to support a default judgment, and (4) the trial court illegally awarded Hartford workers’ compensation intervention payments. … Clearly, Mr. Claudio is attempting to utilize the dual capacity theory in an attempt to circumvent the tort immunity prescribed in La.R.S. 23:1032.

Opinion Number

Louisiana Attorney General Reports · Feb 27, 2007

Conversely, the Clerks of Court Certification Program, established in La. … At the time the legislation was introduced, there were five registrars who qualified for the enhancement.

Foreman v. LSU Health Sciences Center

907 So. 2d 103 · Louisiana Court of Appeal · Mar 24, 2005

When reviewing the Commission's findings of fact, the appellate court is required to apply the manifestly erroneous or clearly wrong standard of review. … However, even if this issue is properly before us, we do not find that the use of a racial slur qualifies as an expression of a political belief.

State v. Procell

332 So. 2d 814 · Supreme Court of Louisiana · Jun 2, 1976

This exclusion clearly contravenes the letter and spirit of the law. … This combination of circumstances, we held, established a prima facie case of systematic and intentional exclusion on the basis of race and color in direct conflict with the Constitution.

Musa v. Litton-Avondale Industries, Inc.

10 La.App. 5 Cir. 627 · Louisiana Court of Appeal · Mar 29, 2011

Control, the first Ruiz factor, is perhaps the most universally accepted standard for establishing an employer-employee relationship. Ruiz, supra at 312 . … Here, Northrop Grumman clearly had the right to discharge Mr. Musa from its site. In fact, Mr. Musa testified that his immediate supervisor, Mr.

Allen v. Graphic Packaging International, Inc.

211 So. 3d 1219 · Louisiana Court of Appeal · Jan 11, 2017

His time records clearly established he worked many hours at Graphic during the week of August 5-9. … He testified he later qualified for some social security disability benefits.

Adams v. Walker

District Court, E.D. Louisiana · May 12, 2025

or Alternatively, Motion for Judgment on the Pleadings Based on Qualified Immunity (Doc. 91). … Because Plaintiff failed to meet his burden of proving that Defendant Walker’s qualified immunity defense was inapplicable, the Court found that Plaintiff did not overcome Defendant Walker’s qualified immunity defense.16

Dupre v. Joe's Riverside Seafood, Inc.

578 So. 2d 158 · Louisiana Court of Appeal · Mar 28, 1991

(B) Limitation on qualified property. … All orders shall clearly specify the lot number and particulars of description of the property.

Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc. of Louisiana

148 So. 3d 871 · Supreme Court of Louisiana · Jul 1, 2014

tribe chairman who executed the agreements did not have authority to execute a waiver of sovereign immunity. … The legislature has been unequivocal in these specific contexts to establish that forum selection clauses contravene a strong public policy in Louisiana.

Nunez v. Acosta

184 La. 211 · Supreme Court of Louisiana · Feb 3, 1936

The domicile of the tutrix is the domicile of the minor, and that domicile is clearly shown to have been established in St. … Redman, as the duly qualified tutrix of her minor child, Alvin James Acosta, and, as such, duly qualified to prosecute this suit and stand in judgment; that this case be reinstated on the docket of the lower court, and be

May v. SISTERS OF CHARITY OF INCARNATE WORD

651 So. 2d 375 · Louisiana Court of Appeal · Mar 1, 1995

Art. 966(B). *378 Because the mover has the burden of establishing that no material factual issue exists, inferences to be drawn from the underlying facts contained in the record must be reviewed in the light most favorable … When an employer seeks to avail himself of tort immunity under LSA-R.S. 23:1032, he has the burden of proving entitlement to immunity. Mundy v. Department of Health and Human Resources, 593 So.2d 346 (La.1992).

Johnson v. Turner

District Court, E.D. Louisiana · Aug 15, 2022

from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”40 Qualified immunity balances two important … immunity and maintain that they are entitled to qualified immunity because they did not violate Plaintiff’s First 100 R.

Hinyub v. Sloat

29 So. 2d 507 · Louisiana Court of Appeal · Mar 10, 1947

The list so filed shall be open to the inspection of any qualified voter at all times; in our case the qualified voter for a general election in the Town of Slidell. … It is our understanding of the jurisprudence dealing with election contest cases that it is incumbent on plaintiff to set out clearly in his petition the irregularities complained of.