Case law

Vega v. Gusman

District Court, E.D. Louisiana · Mar 29, 2022

Immunity. 1 R. … and that his actions that evening were “reasonable” under the circumstances in light of clearly established law.44 The Fifth Circuit has determined that reasonableness of an officer’s use of force is a legal conclusion

School Board v. Trimble

33 La. Ann. 1073 · Supreme Court of Louisiana · Jun 15, 1881

and satisfactorily established. … The Board of School Directors is an important feature in the system of public education established by the State.

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

Gianechini v. City of New Orleans

410 So. 2d 292 · Louisiana Court of Appeal · Feb 9, 1982

Accordingly, we conclude that Turner clearly falls within the provisions of LSA-R.S. 37:1732(A) and (C), and we find no merit to plaintiffs' argument based on statutory vagueness. … Evidence that proper CPR was performed in the restaurant and that Gianechini arrived at Charity Hospital with brain damage does not establish that Turner did not administer proper CPR or that his treatment in the ambulance

State v. Taylor

2013 La.App. 4 Cir. 0265 · Louisiana Court of Appeal · Apr 29, 2015

The record establishes that, as a whole, defendant’s right to remain silent was “scrupulously honored” by Det. Ricks. … Son, defense counsel clearly questioned Dr. Son — over the objection of the State— about the CODIS qualifying offense being |! unauthorized entry of a place of business. Defense counsel'pointedly asked Dr.

Succession of Merrick

35 La. Ann. 296 · Supreme Court of Louisiana · Mar 15, 1883

Bright, surviving husband of the deceased, is administering her succession as the duly qualified natural tutor of their minor children. … The claim to an amount exceeding the value of the community property is established, by uncontradicted evidence, in a manner clearly sufficient to authorize the order of sale, which is the sole matter adjudged.

Mobley v. Rego Co.

412 So. 2d 1143 · Louisiana Court of Appeal · Mar 2, 1982

This latter fact certainly establishes that at this time counsel for appellant had knowledge that the litigation involved only the plaintiff and appellant. … It has been called "in reality, a form of sovereign immunity." Adams v. State of Alaska, 555 P.2d 235, 241 (Alaska 1971).

Burstein v. Morial

438 So. 2d 554 · Supreme Court of Louisiana · Sep 6, 1983

We disagree, however, because a limitation upon the legislative power is clearly implied when a constitution or charter expressly requires that all legislation is subject to presentment and a qualified veto by the executive … The Charter’s provisions express the intention of the framers and voters too clearly for us to construe it otherwise.

Sabrina Richardson v. New Orleans Police Department

Louisiana Court of Appeal · Mar 31, 2025

To establish a prima facie case of sex discrimination, Richardson needed to show (1) she is a member of a protected class; (2) she was qualified for her 5 position; (3) she suffered … She was qualified for the position of probationary Police Captain based on her years of experience at NOPD and her previous position as Police Lieutenant.

Taylor v. Oakbourne Country Club

2002 La.App. 3 Cir. 1177 · Louisiana Court of Appeal · May 14, 2003

Finally, the trial court correctly determined that Taylor successfully established the third element of a prima facie case of age discrimination, that he was qualified to perform the job of assistant general manager, which … Based on the evidence presented at trial, including these testimonials, the trial court found that Taylor was clearly qualified to perform the job for which he was hired and had successfully established the third element

Riser v. AMERICAN MEDICAL INTERN., INC.

620 So. 2d 372 · Louisiana Court of Appeal · May 25, 1993

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal … `Some' expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exist and the likelihood of occurrence.

Arnold v. Alvarado

District Court, E.D. Louisiana · Apr 12, 2024

Doc. 26-1 at p.9), but their memorandum simply parrots the legal standard for qualified immunity. … Defendants were or should have been on notice that the right of access to the courts was a clearly established right and that a cover-up would violate that right.

Roberts v. Warren

782 So. 2d 717 · Louisiana Court of Appeal · Apr 4, 2001

Homan was clearly very knowledgeable in the field of dentistry, he was actively practicing in El Paso, Texas at the time of trial, and had never practiced in Lafayette or attended medical school in Louisiana. … There was no evidence introduced to establish the similarity of the two locales. Id. See also Herpin v. Witherspoon, 95-370 (La.App. 3 Cir. 11/2/95) ; 664 So.2d 515 .

City of Shreveport v. Southwestern Gas & Electric Co.

151 La. 864 · Supreme Court of Louisiana · May 15, 1922

It is well settled that a municipal corporation has only such powers as are clearly and unmistakably granted to it by its charter or by other acts of the Legislature, and consequently can exercise no powers not expressly … But evidently the verb qualified by said adverbial phrase is the verbal noun “adoption” — “the adoption of the provisions of the act by any city.”

Peterson v. Parish of Jefferson

95 La.App. 5 Cir. 711 · Louisiana Court of Appeal · Feb 27, 1996

Thus, we conclude that the plaintiff, as the person who paid the bill in question, is a qualified witness within the meaning of article 803(6). … Additionally, a bill is clearly a document that is produced in the ordinary course of business.

Harrah's Bossier City Investment Co., LLC v. Bridges

41 So. 3d 438 · Supreme Court of Louisiana · May 11, 2010

. § 47:302(Q)-(R), which is dependent upon whether the tax relief provisions qualify as exemptions or exclusions. 12Simply put, we are called on to resolve two issues. … Tax exemptions are strictly construed in favor of the State and “must be clearly and unequivocally and affirmatively established” by the taxpayer. Vulcan Foundry, Inc. v. McNamara, 414 So.2d 1193, 1197 (La.1982).

Danos Tree Serv., LLC v. Proride Trailers, LLC

255 So. 3d 1078 · Louisiana Court of Appeal · Jul 10, 2018

ASSIGNMENTS OF ERROR Appellants assign the following as error: (1) The trial court was clearly wrong in granting summary judgment in this matter. (2) The trial court was clearly wrong in ruling that Jason Jarreau was liable … When the defendant intends in good faith to deny only a part of or to qualify an allegation of fact, he shall admit so much of it as is true and material and shall deny or qualify the remainder. (Emphasis added).

State v. Free

493 So. 2d 781 · Louisiana Court of Appeal · Aug 20, 1986

The court noted that the value of hypnosis has not been so "clearly established" as to outweigh its potential for abuse or misuse at the expense of the accused. [8] We make no attempt here to summarize each of the many scientific … Culpepper, supra, the 5th Circuit applied the balancing test of Catanese and reached the result that the value of hypnosis in refreshing a witness's memory had not been "clearly established."

Jenkins v. Baldwin

801 So. 2d 485 · Louisiana Court of Appeal · Aug 29, 2001

wrong based on the evidence, or clearly without evidentiary support. … This Court amended the judgment, also allocating 45 percent of fault to the State, which was dismissed because of its statutory immunity.

Aucoin v. Southern Quality Homes, LLC

984 So. 2d 685 · Supreme Court of Louisiana · Feb 26, 2008

In addition to the improper sealing of the marriage lines, the trial court found numerous other redhibitory defects based on the plaintiff's expert witnesses' testimony that were clearly attributable to the manufacturer and … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.