Case law

Jefferson Disposal Co. v. Parish of Jefferson, La.

603 F. Supp. 1125 · District Court, E.D. Louisiana · Mar 5, 1985

Louisiana Power & Light Co., 435 U.S. 389 , 98 S.Ct. 1123 , 55 L.Ed.2d 364 (1978), the Supreme Court held that “state action” immunity established in Parker v. … Thus the Authority cannot establish that there is a "clearly articulated and affirmatively expressed” sovereign state policy favoring the Authority’s boycott of competitors in the parking market. 641 F.2d at 37 . 24 .

Estate of Thomas v. STATE, DOTD

604 So. 2d 617 · Louisiana Court of Appeal · Jun 24, 1992

Under the circumstances of this case, this factual determination is neither manifestly erroneous nor clearly wrong. … Finding causation-in-fact, however, does not establish liability.

In re S.D.

250 So. 3d 1097 · Louisiana Court of Appeal · May 23, 2018

It is not enough for a person challenging a statute to show that its constitutionality is fairly debatable; it must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to … The court concluded that the law's disparate treatment may not be perfect or immune from criticism as a policy matter, but it is not unconstitutional.

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.

Coulon v. School Board of St Mary Parish

District Court, W.D. Louisiana · Jun 10, 2021

qualified immunity. … [the employee’s] actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.”

Bankston v. LSU HEALTH SCIENCES CENTER

8 La.App. 3 Cir. 1334 · Louisiana Court of Appeal · Apr 1, 2009

We evaluate the contractual language in the agreement between UMC and LCOA to determine if UMC qualifies as a statutory employer. … Insofar as UMC provided the work space, this factor gives strength to the defendant’s assertion that the plaintiff qualified as a borrowed employee.

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.

Williams v. Lallie Kemp Charity Hosp.

428 So. 2d 1000 · Louisiana Court of Appeal · Feb 22, 1983

Williams and established the date for expected delivery to be February 20, 1979. … The attorney general shall establish a fee schedule providing for payment of attorneys under contract on an hourly fee basis, except for the claims designated in Subsection F.

Sandra Thomas v. Kevin Griffin-Clark and the Honorable Darren P. Lombard

Louisiana Court of Appeal · Jul 25, 2025

Griffin-Clark qualified for the office of New Orleans City Council, District D, by filing a State of Louisiana – Notice of Candidacy Qualifying Form (“Notice”) with the Clerk of Court for Orleans Parish Criminal … “The party on which the burden of proof rests must establish a prima facie case.” Id., 2024-01005, p. 4, 390 So. 3d at 1285.

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

Franklin v. City of Slidell

936 F. Supp. 2d 691 · District Court, E.D. Louisiana · Mar 27, 2013

They contend that they are immune from punitive damages under 42 U.S.C. § T981a(b)(l). … Thus, the major issue with regard to Plaintiffs ADA claim under Section 12112(d)(4)(A) is whether the allegations in Plaintiffs complaint suffice to clearly establish the applicability of the business necessity exception

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."

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.

Simmons v. State

255 So. 3d 701 · Louisiana Court of Appeal · Aug 29, 2018

Further, the Coroner alleges that it is immune from the Simmons' suit. La. … The Coroner's office qualifies as a cemetery authority pursuant to La. R.S. 8:1(8).

Rhine v. BAYOU PIPE COATING

11 La.App. 3 Cir. 724 · Louisiana Court of Appeal · Nov 2, 2011

And I’m not saying that, if he only establishes probability, he meets the criteria. … And I find that he’s qualified.

RHODES STEEL BLDGS. v. Walker Const. Co.

813 So. 2d 1171 · Louisiana Court of Appeal · Apr 3, 2002

Rhodes qualified as a proper witness and that his testimony was adequate to establish a business records foundation for the introduction of the excluded evidence. In concluding otherwise, the trial court erred. … Such a denial qualifies as a deprivation of substantial rights.

Dodd v. Schell

207 So. 2d 807 · Louisiana Court of Appeal · Mar 4, 1968

The plaintiff’s petition clearly indicates that the agreement to do the plumbing work was a verbal contract for $3,009. … From the time plaintiff’s attorney of record was elevated to the District Court bench, there was no attorney of record qualified to enter a preliminary default.

Jackson v. State Farm Mutual Automobile Ins. Co.

235 So. 2d 621 · Louisiana Court of Appeal · Apr 28, 1970

By qualifying or limiting its coverage as hereinabove indicated, Southern Farm has merely protected itself against the eventuality of double recovery by an insured. … That it is qualified or restricted in the manner shown violates neither the letter nor spirit of the controlling legislation.

Miller v. Lammico

973 So. 2d 693 · Supreme Court of Louisiana · Jan 16, 2008

C.C. art. 2323, makes no exceptions for liability based on medical malpractice; on the contrary, it clearly applies to any claim asserted under any theory of liability, regardless of the basis of liability."). … Specifically, the Act supplies Qualified Health Care Providers two substantial benefits in malpractice actions brought against them. First, under La.

Breaux v. State

314 So. 2d 449 · Louisiana Court of Appeal · Sep 26, 1975

Inasmuch as the issue of governmental immunity is absent herein, the doctrine of respondeat superior is applicable. … The record also clearly establishes the fact that no one, including Breaux's closest inmate friend, Kenneth Peterson, anticipated any difficulty.