Case law

Rabalais v. Nash

926 So. 2d 683 · Louisiana Court of Appeal · Mar 29, 2006

the factual conclusions of the trier of fact were manifestly erroneous or clearly wrong. … It explained, "It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should

Spears v. Louisiana

767 F. Supp. 2d 629 · District Court, M.D. Louisiana · Feb 9, 2011

Spears must first establish a prima facie case of discrimination by establishing that she: “(1) is a member of a protected class; (2) was qualified for the position; (3) was subjected to an adverse employment action; and … Dunn told her that LCLE was immune from complaints because of its connections with investigative and judicial bodies and threatened to set plaintiffs son up on charges. Id., pp. 83-84; Plaintiffs Exhibit # 6.

Opinion Number

Louisiana Attorney General Reports · Mar 18, 2005

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … Previous opinions of this office state that an Assessor must inquire into the facts to determine whether the taxpayer in question complies with the criteria necessary to qualify for the exemption.

McNally v. Teledyne Movible Offshore, Inc.

94 La.App. 1 Cir. 0430 · Louisiana Court of Appeal · Dec 22, 1994

The amendment broadens the reach of the statutory employment language, and clearly reflects a legislative intent to return the courts to a stronger standard of tort immunity. See Frith v. … Clearly, the repair of these cranes is an integral part of Teledyne’s business; there exists no genuine issue as to this material fact.

Holcomb v. ERA Helicopters, Inc.

618 F. Supp. 339 · District Court, W.D. Louisiana · Sep 23, 1985

The “arising under” provision of federal subject matter jurisdiction has received thorough-going analysis by the courts, 1 and numerous decisions by the United States Supreme Court on this subject have clearly established … Moreover, this maritime nexus exists even though the helicopter itself does not qualify as a vessel. Barger v. Petroleum Helicopters, Inc., 692 F.2d 337 (5th Cir.1982).

Van Cleave v. Town of Gibsland, Louisiana

380 F. Supp. 135 · District Court, W.D. Louisiana · Jul 12, 1974

preliminary injunction, a permanent injunction and other appropriate relief to enjoin the alleged deprivation, under color of law, by the State of Louisiana (and in particular, the Town of Gibsland) of the rights, privileges and immunities … By the testimony of the plaintiff himself, it has been established that these criteria are not present in this case'.

Simon v. Smith

470 So. 2d 941 · Louisiana Court of Appeal · May 15, 1985

Buckley failed to report the existence of a foreign body although the x-ray clearly showed the radiopaque strip on the pad. … The contention is that the policy behind the "Captain of the Ship" doctrine are no longer valid since hospitals have lost the protection of charitable immunity.

Damond v. Gautreaux

District Court, M.D. Louisiana · Aug 6, 2025

and that defeat a qualified immunity defense with equal specificity.” … Wilson under these circumstances would violate his clearly established constitutional rights.” (R. Doc. 1 at ¶ 67).

McGlothlin v. Christus St. Patrick Hospital

65 So. 3d 1218 · Supreme Court of Louisiana · Jul 1, 2011

Under well-established law, because “all of the limiting provisions applicable to qualified health care providers are ‘special legislation in derogation of the rights of tort victims,’ these provisions are all strictly construed … As the record clearly shows, Dr.

Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development

2009 La.App. 1 Cir. 1347 · Louisiana Court of Appeal · Dec 23, 2009

Having said that, however, if the court were going to look for legislative intent, certainly, it is embodied in the testimony of the House and Ways Chairman, Taylor Townsend, who clearly and unequivocally and even unabashedly … Rather, the Legislature established a minimum expenditure of 20 percent or $10 million of the total base investment to be expended within the twenty-four month time period before a project is able to earn any tax credits.

Tison v. Fidelity and Casualty Company of New York

181 So. 2d 835 · Louisiana Court of Appeal · Dec 21, 1965

There is no evidence that Tison upon his return to camp actually saw or observed Wallace drinking and the testimony of witnesses clearly establishes that Wallace exhibited no visible signs of intoxication. … He was not qualified for instrument flight.

Maw Enterprises, L.L.C. v. City of Marksville

149 So. 3d 210 · Supreme Court of Louisiana · Sep 3, 2014

to have liquor licenses issued to qualified permi-tees for doing business at those locations. … This statute containing the grandfather clause clearly has anjease of association with plaintiff, and, likewise, its moral, social and economic considerations clearly encompass the imposition of the risk to plaintiff under

In the Matter of Succession of Dunham

428 So. 2d 876 · Louisiana Court of Appeal · Feb 22, 1983

Although it may subsequently be established that the shares are the separate property of Ted F. Dunham, Sr., the parties to the proceeding in rule (the heirs and legatees of Ted F. … However, analysis (2) represented the correct statement of the laws of the state, as the Code of Civil Procedure and the relevant jurisprudence clearly establishes.

State v. Divers

793 So. 2d 308 · Louisiana Court of Appeal · Jun 22, 2001

Divers clearly established this criteria. Lastly, the argument overlooks the statistical evidence. … The state appears to argue that Divers failed to establish the actual number of African-Americans called to serve, and the number actually qualified to serve.

State ex rel. M.J.

2014 La.App. 4 Cir. 0622 · Louisiana Court of Appeal · Feb 4, 2015

By failing to apply that burden of proof on the State, M.J. argues the juvenile court clearly erred in finding there was sufficient evidence beyond a reasonable doubt to adjudicate M. … The applicability of the affirmative defense and immunity provisions is contingent upon the juvenile being deemed a victim of sex trafficking at the time of the alleged violation.

State v. Roach

322 So. 2d 222 · Supreme Court of Louisiana · Nov 3, 1975

We believe that the context of the application clearly indicates that the informant reported directly to the affiant. … The chain of custody was amply established by this testimony. Clearly, it was more probable than not that the marijuana introduced in evidence was related to the case.

Jenkins v. Jefferson Parish Sheriff's Office

402 So. 2d 669 · Supreme Court of Louisiana · Jun 22, 1981

The Legislature, in enacting Act 318 of 1978, has clearly indicated its intention that governmental responsibility for torts committed by a public employee should be placed on the public officer most closely related to the … The Legislature also removed the previous statutory immunity enjoyed by the sheriff.

Opinion Number

Louisiana Attorney General Reports · Nov 3, 2000

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied and Ruston Hospital v. … Citing Article III of the Club's Articles of Incorporation, he takes the position that the Club qualifies as a tax exempt fraternal organization.

State ex rel. T.M.H.

748 So. 2d 1216 · Louisiana Court of Appeal · Nov 30, 1999

The home in which they were living when the child was born was so filthy that the child, who had an immune system disorder, could not live there. … Once the petitioner has established abandonment and failure to provide care and support, the burden shifts to the parent to establish “just cause” and thereby avoid termination.

Kador v. Gautreaux

District Court, M.D. Louisiana · Mar 25, 2024

Deputy Guillot has asserted the defense of qualified immunity. 1. … immunity, the court explained: Plaintiffs must also show that the constitutional violation was clearly established at the time of Hayes's actions.