Case law

Ducrepont v. Baton Rouge Marine Enterprises, Inc.

666 F. Supp. 882 · District Court, E.D. Louisiana · Aug 14, 1987

Plaintiffs remedy is limited to the workers’ compensation scheme established by the Longshore Act. I. … The 1984 Amendments clearly “provide statutory immunity to shipyards against [a Section 905(b) ] ... negligence action” and establish “workers’ compensation under the Longshore Act the exclusive remedy” in the dual capacity

Billeaudeau v. Opelousas General Hospital Authority

15 La.App. 3 Cir. 1034 · Louisiana Court of Appeal · Apr 6, 2016

Skir-lis-Zavala was qualified to practice emergency medicine in general básed on her education, experience, and certifications. … We will -not create law by judicial fiat when, as here, the legislature clearly failed to do so.

Tarver v. World Ship Supply, Inc.

615 So. 2d 423 · Louisiana Court of Appeal · Feb 26, 1993

Oreck: Two well established rules of statutory construction come into play when considering exclusions and exemptions. … Unquestionably, the items in question here qualify as "tangible personal property" under that definition.

Thomas v. Drew

240 So. 3d 980 · Louisiana Court of Appeal · Mar 7, 2018

Gros is qualified to offer an opinion as to whether Dr. Drew breached the standard of care regarding Mr. Thomas's post-operative care, we find that Dr. Gros's affidavit is insufficient to establish that Dr. … However, the record in this case clearly shows during the relevant period noted by Plaintiff's expert, the doctor mainly in charge of administering and supervising Thomas' recovery from the drugs listed by Plaintiff's expert

State v. Rowe

416 So. 2d 87 · Supreme Court of Louisiana · Jul 8, 1982

During the course of the trial Larry Mack was called as a state's witness and was given use and derivative immunity and thus was compelled to testify. … Because the prejudicial remarks made by Mack were clearly elicited by defense counsel, the state should not be penalized by reversing defendant's conviction.

Barker v. The City of Plaquemine

District Court, M.D. Louisiana · Sep 20, 2019

immunity, the burden shifts to the plaintiff to demonstrate the inapplicability of the defense.”83 A claim of qualified immunity requires the Court to engage in the well-established … immunity protects an officer from false arrest/false imprisonment claims is whether “a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer

Harris v. Gusman

District Court, E.D. Louisiana · Feb 13, 2020

that the right was “clearly established” at the time of the challenged conduct.’” … “It is clearly established that state prisoners are entitled to reasonably adequate food.

McLin v. H & H LURE CO.

102 F. Supp. 2d 341 · District Court, M.D. Louisiana · Jun 2, 2000

The Fifth Circuit went on to note that in order to "qualify for the very narrow intent exception, Louisiana jurisprudence requires a strong link between the employer’s conduct and the employee's injury.” … In this opinion, the Court discussed the trend of lawyers who attempt to avoid statutory tort immunity in industrial accidents.

Devall v. Baton Rouge Fire Department

979 So. 2d 500 · Louisiana Court of Appeal · Nov 2, 2007

From this judgment, the Fire Department appeals, averring that the workers' compensation judge erred: (1) in rendering judgment in favor of Devall where the evidence clearly established that no causal relationship existed … as established by the Heart and Lung Act.

Hall v. Folger Coffee Co.

857 So. 2d 1234 · Louisiana Court of Appeal · Oct 1, 2003

Hall's statutory employer and thus immune from tort liability. Alternatively, Folger argues that the Halls failed to establish a prima facie case of liability or damages against it. … Applying the other duty-risk factors, Folger clearly owed a duty to Mr.

Boyd v. Cebalo

2015 La.App. 4 Cir. 1085 · Louisiana Court of Appeal · Mar 16, 2016

Boyd’s claims against Tulane for failing to state a cause of action, was clearly wrong. … As the Williams court recognized, a third-party’s criminal activity does not grant the university absolute immunity from liability. .

Succession of Fuller

480 So. 2d 754 · Louisiana Court of Appeal · Dec 4, 1985

Baggette was not qualified under the provisions of LSA-C.C.P. 3097. A hearing was held on September 25, 1984. … Not only is this required by law, it is clearly the custom in this state. See for example Form No. 816a, Form No. 816b, Vol. 11, C.C.P. Pleadings and Judicial Forms, page 116, et seq., and footnotes thereto.

Ewell v. Petro Processors of Louisiana, Inc.

655 F. Supp. 933 · District Court, M.D. Louisiana · Mar 3, 1987

Section 3(b) of Pub.L. 99-3356 clearly states that subsection (e) shall apply to all “claims” commenced after the effective date. … The complaint contains no reference to a statute containing an express or implied waiver of the government’s immunity from suit.

Fogleman-Laxey v. Guillory

District Court, W.D. Louisiana · Feb 3, 2025

(f) Sheriff Garber’s Immunity In his Motion, Sheriff Garber asserts that he is entitled to discretionary immunity and qualified immunity. See Record Document 129-2 at 21, 22. … Under qualified immunity, government officials are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Bergman v. NICHOLSON MGT. & CONSULTANTS

594 So. 2d 491 · Louisiana Court of Appeal · Jan 30, 1992

She found the language of of the guaranty clearly stated Nicholson's liability up to $475,000. … She concluded that plaintiffs clearly established that "the purchaser and lessee were negligent and also breached the provisions contained in the Act of Sale and Ground Lease."

Lipsey v. DARDENNE

970 So. 2d 1237 · Louisiana Court of Appeal · Nov 29, 2007

To perform its constitutional duty properly, an appellate court must determine whether the trial court's conclusions were clearly wrong based on the evidence or clearly without evidentiary support. Id. … Hawkes) was a qualified voter.

GBT Realty Corp v. City of Shreveport

180 So. 3d 458 · Louisiana Court of Appeal · Sep 30, 2015

Further, the plaintiffs argue that the trial court erred in .concluding that the City did not cause their damages even if the City was not shielded by the immunity statute. … did not approve the site plan after it had been approved by the district court; instead, the retailer asked the plaintiffs to change the site plan’s proposed access to the property prior to agreeing to a L ¿final plan. 6 Clearly

Brittany Warren, obo Brennan Leblanc v. Trooper Andre Raoul Bezou, State of Louisiana through Louisiana Department of Public Safety and Corrections, Office of State Police

Louisiana Court of Appeal · Jul 27, 2023

The Louisiana Supreme Court has held that qualified immunity under La. R. … Our review of the record indicates that the Defendants established their entitlement to qualified

Sampson v. Schultz

242 So. 2d 363 · Louisiana Court of Appeal · Dec 11, 1970

person to test the noise level of these shaker tables; that such a test would have immediately established the need for ear protectors. … LSA-R.S. 23:1101 clearly gives the plaintiff a right of action: "When an injury for which compensation is payable under this Chapter has been sustained under circumstances creating in some person (in this Section referred

Western American Specialized Transportation Services, Inc. v. Chibberton

97 La.App. 5 Cir. 102 · Louisiana Court of Appeal · May 28, 1997

Public records and reports which are specifically excluded from the public records exception by Article 803(8)(b) shall not qualify as an exception to the hearsay rule under this Paragraph. *1062 In Cole Oil & Tire Co., Inc … Once the creditor establishes a prima facie case, the burden of proof shifts to the debtor to disprove the existence or correctness of the account. Farlee Drug Center, Inc. v.