Case law

Alston v. Stamps

877 So. 2d 259 · Louisiana Court of Appeal · Jun 23, 2004

Supreme Court Rule 19 establishes the applicable parameters and grants broad jurisdiction over complaints concerning attorneys. In particular, Rule 19, § 6 provides as follows: Section 6. Jurisdiction A. … The Board's March 14, 2001 response to Stamps clearly reflects that his confidential reporting of Alston's conduct to the Board was appropriate.

State v. Gauthier

263 La. 678 · Supreme Court of Louisiana · Nov 6, 1972

It is submitted that the Mayor-President of East Baton Rouge Parish should qualify as an individual to whom the term ‘chief law enforcement officer’ should apply.” The contention is unimpressive. … It is hornbook law that criminal' enactments are strictly construed; consequently, since under this statute the chief executive officer of the Parish of East Baton Rouge is clearly not the chief law enforcement officer, the

Oddo v. Asbestos Corp.

2014 La.App. 4 Cir. 0004 · Louisiana Court of Appeal · Aug 20, 2015

Rather than declining to qualify Drs. Hammar and Finkelstein as experts, however, the trial court limited their testimony. … (iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a

Noel Estate, Inc. v. Kansas City Southern & Gulf Ry. Co.

187 La. 717 · Supreme Court of Louisiana · May 24, 1937

Surely, these •clauses are highly restrictive and qualify the previous general language contained in the. first paragraph of the instrument. … It is only necessary that the parties make clear their intention in the instrument to establish one. Rev.Civ.Code, arts. 709, 722.

Humble v. Pafford EMS

116 So. 3d 878 · Louisiana Court of Appeal · May 15, 2013

Helton argued that he was entitled to immunity from tort suits pursuant to the Workers’ Compensation Act. … The burden of proof of establishing the exception of no right of action is on the exceptor. City of New Orleans v.

Ducksworth v. MacMurdo

District Court, M.D. Louisiana · Jan 21, 2020

Qualified Immunity Because Dr. MacMurdo asserts qualified immunity, Plaintiff “bears the burden of pleading facts that demonstrate lability and defeat immunity.” Shaw uv. … MacMurdo violated a statutory or constitutional right and (2) the right was clearly established at the time of his conduct. See id. at 417.

Creadeur v. Department of Public Safety

364 So. 2d 155 · Louisiana Court of Appeal · Oct 9, 1978

The officer was also informed that he was not a suspect, was not charged with any crime and would not be subject to dismissal if the test proved adverse and that he would not be requested to waive immunity from prosecution … While Roux , above, adopted and applied the rule espoused in Fichera , above, the following language appearing in Roux indicates clearly that the rule is not unqualified: "We are guided to a great extent in our holding in

State v. Gibson

107 So. 3d 574 · Supreme Court of Louisiana · Jan 29, 2013

R.S. 18:1401 et seq., which establish the procedures by which challenges are made to candidacy and elections. La. R.S. 18:491 provides for standing to object to candidacy and states, in pertinent part: A. … Although it is technically conceivable that a district attorney, as a qualified elector, could institute a recall drive, the Constitution and enabling statutes clearly envision the proceeding as a civic undertaking by the

Triplett v. Board of Elementary & Secondary Education

2009 La.App. 1 Cir. 0691 · Louisiana Court of Appeal · Jul 13, 2009

R.S. 17:416.2 A(l), because the RSD has not established an alternative school for suspended or expelled students. … Plaintiffs maintain they were clearly entitled to an opportunity to amend under La. C.C.P. art. 932.

Handy v. Richard's Cajun Country Food

93 La.App. 3 Cir. 1537 · Louisiana Court of Appeal · Jun 1, 1994

The odd-lot claimant does not have to be absolutely helpless in order to qualify for total disability. … There is simply no question that claimant established a prima facie case of odd-lot status. Her work accident occurred *766 October 10, 1988. She is unskilled.

State v. Baum

33 La. Ann. 981 · Supreme Court of Louisiana · May 15, 1881

The Court properly held that this was establishing a new rule of evidence, the object of which was not expressed in the title of the act, and that the provision should, therefore, be considered as unwritten or unconstitutional … James, wherein the identical resident of East Baton Rouge can do the same act with perfect freedom and with absolute immunity from any criminal prosecution in the premises. Cooley, Const. Lim., p. 141.

Klein v. Department of Highways

175 So. 2d 454 · Louisiana Court of Appeal · May 3, 1965

Boudreaux, La.App., 142 So. 874, 875 , the Court said: "`A street thus established by a municipal corporation becomes public property belonging to all in common. * * *' "`This street, when thus established, was segregated … Suffice it to say that we are clearly of opinion that the Louisiana Highway Commission may not be sued for damages ex delicto, and that therefore plaintiff's petition does not disclose a cause of action.'

Singleton v. Cannizzaro

District Court, E.D. Louisiana · Jul 2, 2019

this Court does not believe that any issue involving qualified immunity is currently pending before the Fifth Circuit. … Pipes at the earliest opportunity, for all the reasons (including qualified immunity) urged in the Defendants’ motion to dismiss.

Carter v. Dixie Electric Membership Corp.

717 So. 2d 691 · Louisiana Court of Appeal · Aug 21, 1998

A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. … Carter argues that she is entitled to the three-year term for which she was the only qualified applicant.

Wright v. Harahan City

District Court, E.D. Louisiana · Feb 19, 2020

Qualified immunity protects government officials from civil liability so long as their conduct “‘does not violate clearly established statutory or constitutional rights of which a … Chief Najolia’s qualified-immunity defense.

Savoy v. Stroughter

District Court, M.D. Louisiana · Mar 25, 2021

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … in light of clearly established law at the time of the violation.

Grace v. Crespo

970 So. 2d 1007 · Louisiana Court of Appeal · Sep 19, 2007

Thus, Elizabeth does not qualify for coverage under that provision. Plaintiffs also rely on another provision of the umbrella/excess portion of the policy to establish coverage for Elizabeth. … Clearly, Elizabeth is a family member.

State v. Marshall

424 So. 2d 423 · Louisiana Court of Appeal · Nov 29, 1982

It was intended to exclude from the designation `crime' all offenses established by municipal ordinances. See Reporter's comment, L.S.A.-R.S. 14:7...." City of New Orleans v. … Defendant's conduct in the performance of his official duties, albeit clearly substandard, was not proven to be unlawful. The conviction on the charge of malfeasance in office must also be set aside.

State v. Maise

167 So. 3d 592 · Supreme Court of Louisiana · Jun 30, 2015

After receiving a grant of transactional immunity from the State, A.L. testified that while she and Ayo were having sexual intercourse in Ward’s bedroom, R.P. and King appeared getting “ready to do something,” but she did … done the defendant, and, unless such is shown to have been the case the motion |sshall be denied, no matter upon what allegations it is grounded. 9 A defendant seeking a new trial based on newly discovered evidence must establish

Opinion Number

Louisiana Attorney General Reports · Jul 8, 2002

be given, and pursuant to R.S. 33:253 only property taxpayers may vote at this special election as furnished by the registrar of voters, and no defect in the list "shall affect the validity of the election unless it be established … In response to your inquiry whether dissolution is subject to federal pre-clearance we must conclude it would be insofar as this clearly would affect voting rights.