Case law

Brown v. Richardsons

1 Mart. (N.S.) 202 · Supreme Court of Louisiana · May 15, 1823

We are clearly satisfied it does not. … It is that distinction which gives the defendants immunity in this case.

Sacco v. Paxton

2012 La.App. 4 Cir. 1595 · Louisiana Court of Appeal · Jan 30, 2014

the finding is clearly wrong. … Paxton’s immunity from liability under the U.S. Copyright Act was not raised at trial.

Benoit v. Turner Industries Group, LLC

10 La.App. 3 Cir. 1460 · Louisiana Court of Appeal · May 4, 2011

Benoit met her burden of proof in establishing a causal link between Mr. Benoit’s illness and his employment; (3) the trial court erred in awarding penalties and attorney fees to Mrs. … The WCJ was not clearly wrong in his determination that Mrs. Be-noit established the causation of her husband’s occupational disease by a reasonable probability.

Murphy v. State Through DPS

640 So. 2d 546 · Louisiana Court of Appeal · May 4, 1994

Subsection B(1) refers only to a suspension and does not qualify that it be in conjunction with a conviction, guilty plea or bond forfeiture. … (H)(1) clearly establishes that exemption from the reinstatement fee or reimbursement does not affect the validity of an underlying suspension or revocation.

Collette Josey Covington v. McNeese State University

Louisiana Court of Appeal · Nov 5, 2008

immunity, as it is an affirmative defense. … Shamieh’s records clearly note that Covington, at times, suffers from memory dysfunction.

Maurice v. Department of Police

94 La.App. 4 Cir. 2368 · Louisiana Court of Appeal · Jun 7, 1995

The phrase “appropriately qualified personnel” was merely a euphemism for favoritism. In Sanders v. … The evidence does not establish that Christopher Maurice would have received the promotion if established procedures had been followed.

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Dec 2, 2020

were objectively unreasonable in light of clearly established law at the time of the violation.” … As to the second prong of qualified immunity—Defendants argue that the law is not clearly established that negligent conduct can violate the Fourteenth Amendment. (Id. at 11.)

State Ex Rel. Roper v. Cain

763 So. 2d 1 · Louisiana Court of Appeal · Oct 26, 1999

United States, 468 U.S. 339, 345-46 , 104 S.Ct. 3093, 3097 , 82 L.Ed.2d 260 (1984). [1] Long before Campbell , the right of black defendants to raise this issue was clearly established. In Castaneda v. … Moreover, relator makes no allegation regarding the percentage of blacks in the general or grand jury venires, or the percentage of qualified blacks in the general population. See Young, 569 So.2d at 576 .

Stratmann v. Cardiovascular Specialists, Inc.

2010 La.App. 4 Cir. 0947 · Louisiana Court of Appeal · May 9, 2011

Unlike this case, where each negligent defendant is qualified under the MMA by a separate Certificate of Enrollment with the PCF, the negligent defendants in Brown and Otnott were not all qualified under the MMA by separate … White failed to respond to her complaints following the TEE and failed to establish office procedures for CSI’s non-physician staff to follow when receiving complaints from patients.

Jerry Lee Hendry, Jr. v. Randi Lynn George Hendry

Louisiana Court of Appeal · Apr 14, 2021

As the father of the children in this custody case, Jerry clearly has a legal interest in the subject matter of the litigation and has established a right of action in his petition. … She contends that the district court did not err in finding that Jerry failed to establish a material change in circumstances.

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.

State v. Caldwell Sugars, Inc.

185 La. 503 · Supreme Court of Louisiana · Jun 30, 1936

Couvillon, 164 La. 155 , 113 So. 801 , this court said: “An exemption from taxation is an exceptional privilege which must be clearly, unequivocally, and affirmatively established; provisions for such exemption being strictly … entitled to the immunity, and that in such cases doubt is fatal.

Kerr v. Smith Petroleum

896 F. Supp. 608 · District Court, E.D. Louisiana · Aug 21, 1995

Since the filing of these cross-motions, the Court has ruled that all defendants were entitled to summary judgment on plaintiffs' claims because the defendants were entitled to tort immunity as plaintiff Jerry Kerr's statutory … The Court finds that the language of § 13.4.6 of Appendix E of the agreement quoted above clearly shows that the "additional insured" requirement is separate and apart from any indemnity agreement.

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

Howe v. Adam

6 Teiss. 400 · Louisiana Court of Appeal · Jun 21, 1909

But the evidence (taken principally by commission) does not establish with anything like legal certainty that the vessel was detained as much as three days exclusively by defendants’ breach of contract. … the testimony of witnesses taken nearly three years afterwards, one of whom clearly testified from hearsay, another of whom qualified his statement ex in-dustria as only “to the best of his recollection,” and the last of

Oakes v. Alexander

135 So. 2d 513 · Louisiana Court of Appeal · Nov 22, 1961

The ratio decidendi of the court's conclusion was briefly, but convincingly, stated as follows: "The immunity (privilege as to judicial allegations) contended for may * * * be abused. … For this reason we deem it unnecessary to comment upon the facts established *518 by the record in this respect.

Wilson v. New Orleans Police Dept.

2000 La.App. 4 Cir. 2484 · Louisiana Court of Appeal · Dec 19, 2001

It also is justified in avoiding the establishment of a permanent limited duty position where the demands of the department run contrary. … Finally, the NOPD proved that its refusal to establish permanent limited duty positions was justified by the needs of the department.

Woods v. Robinson

256 So. 3d 409 · Louisiana Court of Appeal · Sep 19, 2018

The Secretary does not challenge Petitioners' evidence but nevertheless argues that Petitioners have not established their entitlement to the credit. … As used in this Section, the following words and phrases shall have the meaning ascribed to them in this Subsection unless the context clearly indicates otherwise: **** (2) "Cost of qualified clean-burning motor vehicle fuel

Vega v. Gusman

District Court, E.D. Louisiana · May 17, 2021

qualified immunity. … in light of clearly established law at the time of the violation.”74 Asserting a qualified immunity defense initiates a “procedure under which a district court may defer its qualified immunity ruling if further

Solomon v. United Parcel Service, Inc.

539 So. 2d 715 · Louisiana Court of Appeal · Feb 8, 1989

s Motion for Summary Judgment clearly establishes the fact that U.P.S. maintains janitorial employees at facilities, while concurrently contracting with outside janitorial companies to do such work at its other Louisiana … The trade-off provided when a party is deemed a statutory employer of a person, and thus liable for worker's compensation, is that such party is granted immunity for alleged tortious conduct.