Case law

Davis v. Material Delivery Service, Inc.

506 So. 2d 1243 · Louisiana Court of Appeal · Apr 14, 1987

However, worker's compensation is the exclusive remedy of the contractor's employee held to be a statutory employee of the principal; the principal is immune from tort liability. LSA-R.S. 23:1032. … Holston Well Service, Inc., 488 So.2d 934 , 939 n. 4. [7] The trial judge conceded in his reasons for judgment that MDS could qualify as a statutory employer only under the two-contract theory. [8] The worker's compensation

Brock v. Self

632 F. Supp. 1509 · District Court, W.D. Louisiana · Apr 17, 1986

and/or Qualifying Employer Securities, as defined in Section 407(d) of ERISA.” … In accordance with the Findings of Fact set forth above, this Court rejects this contention and finds that the duties and actions undertaken by Third-Party Defendants clearly establish their role as fiduciaries with regard

Fanguy v. Dupre Bros. Const. Co., Inc.

588 So. 2d 1251 · Louisiana Court of Appeal · Oct 18, 1991

erroneous (manifestly erroneous or clearly wrong), we will not upset them. … I respectfully dissent from the majority opinion and disagree with that portion of the opinion which finds that Dupre was not a statutory employer entitled to tort immunity.

City of New Orleans v. Orleans Railroad

42 La. 4 · Supreme Court of Louisiana · Jan 15, 1890

We have carefully examined those decisions, and we found in them no utterance or principle announced at variance with our reasoning in the case assailed as erroneous, but a great deal to establish and to con-; firm the coi'rectness … It is a principle clearly deducible from the very decisions quoted by defendant’s counsel, that no corporation can claim immunity from taxation or from a license, because it paid a consideration for its ■ charter or franchise

Brown v. Archer

929 So. 2d 172 · Louisiana Court of Appeal · Mar 21, 2006

that the finding is clearly wrong or manifestly erroneous. … Archer isn't a qualified elector in the Fourth Municipal District. Appellant argues that because Mr.

Guillotte v. Poincy

41 La. Ann. 333 · Supreme Court of Louisiana · Apr 15, 1889

Simplified and shorn of redundancy, the averments of plaintiff’s petition are to the substantial effect: that he is the actual incumbent, duly appointed, commissioned and qualified, of the office of member of the Board of … The exceptions attribute to the action a character wMch, clearly, it does not possess, viz: the character of an action to determine a disputed title to a public office. .If it were such an action, nothing can be better settled

Opinion Number

Louisiana Attorney General Reports · Aug 3, 2007

This process clearly provides many opportunities for in person registration. However, state law provides an alternative to in person registration, that being registration by mail. … If that person has previously registered to vote in person, then he would follow the procedures established by law for voting absentee by mail.

Stephenson v. List Laundry & Dry Cleaners, Inc.

168 So. 317 · Louisiana Court of Appeal · Jun 2, 1936

The two above-named establishments, although shown to be holding and subsidiary companies, respectively, were distinct organizations. … Ordinarily, when an insured’s immunity from an action is absolute, there likewise can be no action against the insurer. Harris v. Louisiana State Normal College, 18 La.App. 270 , 138 So. 182 ; Loustalot et al. v.

Imbraguglio v. Bernadas

968 So. 2d 745 · Louisiana Court of Appeal · Sep 21, 2007

Pursuant to the statute, once it was established that Mr. … Therefore, unless he has established a new domicile or has registered to vote outside the Parish he cannot be considered to have vacated his domicile or residence for purposes of qualifying for the Office of Sheriff of St

Rory Anthony Miller and Jessica Eustis Miller v. Acadian Ambulance Service of New Orleans, L.L.C. and Xyz Insurance Company

Louisiana Court of Appeal · Feb 4, 2022

If an injured fireman qualifies by sickness or disability, he may be entitled to both with the statutory credit; if he does not qualify for either, he is entitled to neither. … error” or unless it is “clearly wrong.”

Margo Stoute v. Lafayette Parish School Board

Louisiana Court of Appeal · May 18, 2022

Qualey, only, with prejudice, based on the qualified immunity from suit provided to school employees pursuant to La.R.S. 17:439(A). For the following reasons, we affirm. … We’re stating facts under which would establish that specific guidelines of the school board were not followed, and so the immunity does not apply in these situations.

State v. Thorson

302 So. 2d 578 · Supreme Court of Louisiana · Oct 28, 1974

and had never failed to so qualify. … As for Officer Ben, the record establishes that he was qualified as an expert in the activities of narcotics users, the toxicology, identification and chemical composition of drugs, and the street values of drugs.

Ledet v. Terrebonne Parish Jail

District Court, E.D. Louisiana · Oct 18, 2021

Finally, Moving Defendants argue that Plaintiff cannot point to any clearly established law to defeat the qualified immunity defense.25 Moving Defendants assert that their actions clearly demonstrate a continuing effort … of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Delahaye v. Delahaye

2004 La.App. 1 Cir. 0310 · Louisiana Court of Appeal · Dec 30, 2004

The record clearly establishes that the Senior Nylic payments are compensation for Mr. Delahaye’s past performance and services to the company, almost all of which occurred during the existence of the community. … He claims the excluded evidence was critical to establish Ms.

State of Louisiana v. Weinberger

369 F. Supp. 856 · District Court, E.D. Louisiana · Nov 30, 1973

On examination of Title III-A of the NDEA, 20 U.S.C.A. § 442 (a)(1) provides for an allotment to be apportioned *863 among the States in accordance with a ratio established in § 442(a)(2). … Clearly neither of these allotments comply with the Congressional intent set forth above. See, Commonwealth of Massa *864 chusetts v. Caspar W. Weinberger, supra, at p. 6.

Lavalais v. STATE, EX REL. DOTD

26 So. 3d 895 · Louisiana Court of Appeal · Dec 9, 2009

[t]he appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). Mart v. Hill, 505 So.2d 1120, 1127 (La. 1987) (quoting Arceneaux v. … Therefore, we find that the trial court's decision in this case was manifestly erroneous and clearly wrong.

Chauncy v. Allen

2015 La.App. 1 Cir. 0874 · Louisiana Court of Appeal · Feb 26, 2016

They also contended that if the State was ultimately successful in its affirmative defense of immunity, along with the statutory cap on the State’s liability, then the UM policy provisions should be triggered to allow them … been no challenge to the State’s admission that it is a self-insurer or the State’s solvency, and the State owns the vehicle that the Chauncys allege is uninsured or underinsured, Mountain Laurel reasons that its UM policy clearly

Vanna Darlene McManus, Etc. v. State of La., Dept. of Wildlife and Fisheries

Louisiana Court of Appeal · Mar 10, 2010

Miller, 04-1199 (La.App. 3 Cir. 4/27/05), 900 So.2d 1135], and qualified immunity such as that conferred upon government officials performing discretionary functions [see Jackson v. State ex rel. … The statutes at issue provide “qualified” immunity not “absolute” immunity— thus, whether or not the State was immune from suit called for the trier of fact to make a factual determination: whether, under the facts of

Succession of Hutchinson

112 La. 656 · Supreme Court of Louisiana · Apr 25, 1904

The court does, in 'a qualified manner, so hold. … (b) The contention that the establishment and maintenance of a hospital is ultra vires of the university and of its board of administrators is clearly untenable.

State v. Anderson

540 So. 2d 974 · Louisiana Court of Appeal · Feb 22, 1989

The movies contained on the video tape in question are clearly commercially produced and as such are covered by this statute. … However, the general rule is that relative and qualifying clauses are to be applied to the words or phrase immediately preceding and are not to be construed as extending to or *977 including others more remote.