Case law

639 Julia Street Partners v. City of New Orleans

2002 La.App. 4 Cir. 0777 · Louisiana Court of Appeal · Nov 13, 2002

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. … Moreover, since the amendment resulted in changing the amount of damages recoverable, the change was clearly substantive. Socorro v. City of New Orleans, 579 So.2d 931, 944 (La.1991).

State v. Ward

314 So. 2d 383 · Louisiana Court of Appeal · Sep 25, 1975

SOVEREIGN IMMUNITY The trial court overruled the exception filed by the State based on sovereign immunity. The basis of the holding was that the State Legislature waived this immunity by adopting Resolution 455 of 1971. … The evidence establishes that the tract has been run as a game refuge since the Act of Donation was passed.

State v. Dyson

17 La.App. 3 Cir. 21 · Louisiana Court of Appeal · May 17, 2017

Despite Defendant’s assertion that tattoos were clearly discernible in the photographic lineup, the lineup photograph does not clearly show tattoos on Defendant’s face or neck. … be qualified as an expert.

Nevarez v. Coleman

District Court, E.D. Louisiana · Jul 7, 2022

The qualified-immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, “unless their conduct violates clearly established statutory … Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v.

Zeringue v. O'Brien Transport, Inc.

931 So. 2d 377 · Louisiana Court of Appeal · Apr 11, 2006

Motor carriers had attempted to immunize themselves from the negligence of the drivers who operated their vehicles by making them all nominally "independent contractors." … The federal law, as well as the contract between the parties clearly shows that Quality had exclusive use and responsibility for the rig.

Prather

District Court, M.D. Louisiana · Feb 9, 2026

the defendant violated an actual constitutional or federal statutory right that is clearly established under existing law, and (2) if so, that the defendant's conduct was objectively unreasonable in light of clearly established … The protections afforded by the qualified immunity defense turn on the “objective legal reasonableness” of the defendant's conduct examined by reference to clearly established law.84

Davis v. Martel

790 So. 2d 767 · Louisiana Court of Appeal · Jul 18, 2001

In Daubert , the Supreme Court stated, "in order to qualify as `scientific knowledge,' an inference or assertion must be derived by the scientific method. … Reyes' testimony and Davis' medical records which clearly establish Davis' injuries resulted from the accident. Dr.

McCann v. Mayor and Councilmen of Morgan City

173 La. 1063 · Supreme Court of Louisiana · Jan 4, 1932

pledge and the foreclosure of the mortgage against the governing authority of a municipality by seizure and sale, as if proceeding against a private corporation, firm, association of persons, or individual, is therefore clearly … By the registrar of voters hereunder, shall affect the validity of the election, unless it be established that voters were thereby deprived of votes sufficient in number and amount to have changed the result of the election

Fields v. Lofton

712 So. 2d 268 · Louisiana Court of Appeal · May 15, 1998

Const, art. 12, § 10 of the 1974 Constitution, the state and its political subdivisions had been immune from lawsuits, unless they expressly waived their immunity. … The constitutional amendment clearly exceeded a mere interpretation, clarification, or “cure” of existing law. It was an alteration of the former prohibition of article 12, § 10 against limiting liability.

Bonilla v. Jefferson Parish Hospital Service District 2

16 La.App. 5 Cir. 234 · Louisiana Court of Appeal · Dec 28, 2016

Specifically, if expert medical testimony cannot establish that an improper handoff by Ms. … Hogan clearly occurred in the context of the physician-patient relationship.

Kerr v. Smith Petroleum Co.

889 F. Supp. 892 · District Court, E.D. Louisiana · Jun 14, 1995

Under these facts, Grasso qualifies as plaintiffs statutory employer and is immune from liability under LSA-R.S. 23:1032(A)(1)(a) 8 and 23:1061 9 and the “classic ‘two-contract’ defense which has been approved” by several … Thus, it is entitled to summary judgment as a matter of law on its defense of immunity from plaintiffs lawsuit. Fed.R.Civ.P. 56(c).

Washington v. Lopinto

District Court, E.D. Louisiana · Aug 2, 2021

immunity.70 Pursuant to Schultea, this reply “must be tailored to the assertion of qualified immunity and fairly engage its allegations.”71 Accordingly, considering this precedent, the Court will deny the motion to dismiss … grant Plaintiff leave to amend the Complaint to allege facts “tailored to an answer pleading the defense of qualified immunity.”72 3.

Lamkin v. Succession of Filhiol

123 La. 181 · Supreme Court of Louisiana · Mar 1, 1909

of the United States; that said children, as was also their deceased father, are citizens of the United States and of the state of Louisiana, and as such they are entitled to all the fundamental rights, privileges, and immunities … We did not find that there was fraud in the case, but under the evidence it' was established beyond doubt that the minors had been deprived of their property without due process of law in proceedings in which they had not

Thompson v. Capital Steel Co.

621 So. 2d 1101 · Louisiana Court of Appeal · Nov 25, 1992

James Callies, the *1104 scientific director at NISAT, was also qualified as an expert in drug testing procedures. … to a written and promulgated rule or policy established by *1107 the employer.

Mallard Bay Drilling, Inc. v. Kennedy

869 So. 2d 954 · Louisiana Court of Appeal · Mar 31, 2004

A tax exemption is an exceptional privilege which must be expressly and clearly conveyed in plain terms. Showboat Star Partnership v. Slaughter, 00-1227 (La.4/3/01), 789 So.2d 554 ; Bill Roberts Inc. v. … Tax exemptions are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally and affirmatively established by the taxpayer. McNamara v.

Burckett v. State, Department of Health & Hospitals, Bureau of Health Services Financing

704 So. 2d 1266 · Louisiana Court of Appeal · Dec 10, 1997

It is well established that a valid dation necessitates the existence of a real debt. Krauss Co. v. Godchaux, 13 La.App. 607 , 128 So. 673 (1930); Jones v. Longino, 10 La.App. 256 , 120 So. 711 (1929). … The ALJ found the transfer to be for less than fair market value and solely for the purpose of qualifying for benefits due to the lack of evidence of the existence of a legal debt.

State v. Varnado

208 La. 319 · Supreme Court of Louisiana · Dec 11, 1944

peoples against the abuses of the sovereign, and this right has been regarded for centuries as one of the most important securities to the innocent against hasty, malicious, and oppressive prosecutions, as well as one of the immunities … from allegations of the indictment alone, it being sufficient if such identity can be established .by competent extrinsic proof,” (citing as authority Bartell v.

Hood v. Cotter

5 So. 3d 819 · Supreme Court of Louisiana · Dec 2, 2008

Thus, at the time plaintiffs suit was filed, defendant was not a qualified health care provider. … Although he was initially notified that defendant was qualified under the provisions of La.

Malone v. Tubbs

825 So. 2d 585 · Louisiana Court of Appeal · Sep 6, 2002

Although the trial court did not make a specific finding on the length of time elapsing since Shyne and Simmons had completed serving their original sentences, the evidence clearly showed that 15 years had not elapsed in … While we agree that the amendment to Article I, Section 10, is substantive, it clearly was intended to apply to all convicted felons attempting to qualify for public office after the effective date of the amendment.

Williams v. Fahrenholtz

990 So. 2d 99 · Louisiana Court of Appeal · Jul 25, 2008

However, the provision clearly has two distinct independent clauses separated by a conjunction. We can discern no difference in the meaning between the language of the statute and that used on the form. Mr. … Williams to establish a prima facie case for disqualification based on a false certification in the "Notice of Candidacy" filed by Mr. Fahrenholtz.