Case law

Sanders v. Wooldridge

98 La.App. 1 Cir. 0415 · Louisiana Court of Appeal · Feb 19, 1999

She testified that since 1977, twenty thousand medical malpractice complaints had been filed, nineteen thousand of which involved qualified health care providers. … That duty cannot simply be an interest that is owed to the general public as a whole, but rather, plaintiff must establish that he possesses a special interest in having the law enforced. State v.

Deshotels v. State Professional Improvement Committee ex rel. Department of Education

430 So. 2d 1198 · Louisiana Court of Appeal · Apr 5, 1983

The jurisprudence of this state requires that a determination that a party is indispensable be made only after the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his … To implement and administer the program on the local level within the guidelines established by the state committee, local professional improvement committees were established. LSA R.S. 17:3617.

Carpenter v. Leon E. Werntz & Associates, Inc.

345 So. 2d 1018 · Louisiana Court of Appeal · Apr 25, 1977

The insurance premiums were paid Werntz by a doctor for whom Werntz had devised a pension plan which would qualify under federal law and allow the doctor’s contributions to be deducted from his taxable income. … The contract sued on contemplates Werntz’s services in establishing the pension plan and performing other consulting services.

Lane v. Patient's Compensation Fund Oversight Board

2007 La.App. 1 Cir. 0150 · Louisiana Court of Appeal · Mar 12, 2009

In its appeal, the Oversight Board asserts that the above provisions clearly provide that Ms. … (b) If the court finds that the claim had prescribed or otherwise was perempted pri- or to being filed, the panel, if established, shall be dissolved.

Landry v. Exxon Pipeline Co.

260 B.R. 769 · United States Bankruptcy Court, M.D. Louisiana · Mar 28, 2001

Amendment immunity.” 106 However, the term “Eleventh Amendment immunity” has been described by the United States Supreme Court as: convenient shorthand [and] something of a misnomer, for the sovereign immunity of the States … Clearly, each non-insured Defendant hopes that if a contribution right is established against the Debtor, in the event of liability of the other defendants to the Plaintiffs, that it can be exercised against the Insurers

Richardson v. Richardson

974 So. 2d 761 · Louisiana Court of Appeal · Dec 28, 2007

While we recognize that Louisiana law does not require that a person possess a specific educational degree in order to qualify as an expert in a given field, and that an expert can be qualified based on his or her experience … Richard was qualified to testify regarding the drug testing results in this case. C.

Roy v. Coco

94 La.App. 3 Cir. 920 · Louisiana Court of Appeal · Feb 1, 1995

Roy is not qualified to run a bank. (b) He hires incompetent people. (c) He is not running the bank for the benefit of the stock holders or the community. … He established his statements were protected as opinion and subject to his privilege as a shareholder in the corporation.

Yen v. Avoyelles Parish Police Jury

3 La.App. 3 Cir. 603 · Louisiana Court of Appeal · Nov 5, 2003

The medical malpractice claims of prisoners arising under this Part shall be submitted to correctional administrative review procedures established for administrative hearings in the correctional environment or established … A statute that grants immunities or advantages to a special class in derogation of general rights available to tort victims must be strictly construed against limiting the tort claimants' rights against the wrongdoer.

Gulf Oil Corporation v. Tug Kate Malloy

291 F. Supp. 816 · District Court, E.D. Louisiana · Apr 30, 1968

Gosney to answer all of the questions set forth in the deposition of January 2, 1968 would narrow the scope of investigation necessary to establish criminal charges against him. … This immunity from self-incrimination extends not only to answers which would in themselves support a conviction under a criminal statute but also to those answers which would furnish a link in the chain of evidence necessary

Wood v. Martin

862 So. 2d 1057 · Louisiana Court of Appeal · Dec 10, 2003

immunity. … This is clearly shown by La.

First Transit, Inc. v. Barfield

2014 La.App. 1 Cir. 0596 · Louisiana Court of Appeal · Nov 13, 2014

The bus routes are established and approved by LSU, and most, if not all, of the routes originate or terminate on LSU’s campus. … Tax exemptions are strictly construed in favor of the Department and “must be clearly and unequivocally and affirmatively established” by the taxpayer.

Wiggins v. Stone

570 F. Supp. 1451 · District Court, M.D. Louisiana · Sep 21, 1983

While that issue may be critical to ultimate resolution of the merits of this action, it is clear that injunctive relief may be granted against an official of the state under circumstances where the state itself is immune … Planning and management of instructional and research programs are clearly administrative, not academic, functions.

Parish of East Baton Rouge v. Thomas Road Development Corp.

306 So. 2d 859 · Louisiana Court of Appeal · Dec 16, 1974

Doiron are qualified to render such an opinion independently. Mr. Lejeune and Mr. … Williams based his opinion upon a conversation held with an unidentified person who was allegedly qualified to render such an opinion. Neither of these witnesses are qualified to independently give such an opinion. Mr.

In Re Perez

194 La. 763 · Supreme Court of Louisiana · Mar 4, 1940

If the power exercised by the judge should be recognized, it would insure an immunity from legal pursuit. The law, they said, never contemplated that any man, however, honorable, should be a judge in his own case. … “We ourselves have already ruled clearly in this sense on this very question. State ex rel. Tyrrell v. Judge, 33 La.Ann. 1293 ; see also (Southern Mut. Ins. Co. v. Pike) 34 La.Ann. [825] 828; (Nugent v.

Hill v. East Baton Rouge Parish

925 So. 2d 17 · Louisiana Court of Appeal · Dec 22, 2005

Further, as EMTs, the communications officers are clearly medical professionals, not just mere phone operators. … . § 160.103 , the Communications District does not qualify as covered entity.

Hinson v. Arbuckle

District Court, W.D. Louisiana · Apr 24, 2023

Martin appealed the Court’s denial of qualified immunity. See Record Document 46. … because [Martin] is entitled to qualified immunity.” Record Document 119 at ¶ 2.

Stamos v. Standard Acc. Ins. Co.

119 F. Supp. 245 · District Court, W.D. Louisiana · Mar 1, 1954

Rome, therefore, did not establish the rule of Louisiana law here under attack. Edwards did; and, so far as we can determine, it is still the law of this state in eases arising within its boundaries. … We believe defendant’s motion clearly is unmeritorious 8 . It is overruled. 1 . Under LSA-R.S. 22:655, formerly Louisiana Act 55 of 1930. 2 .

Funderburg v. Superior Energy Services, Inc.

10 La.App. 5 Cir. 517 · Louisiana Court of Appeal · Dec 29, 2011

Funderburg properly raised this issue in the trial court. 9 Clearly, as noted above, Section 10.2 of the Stock Incentive Plan required Mrs. … The deposition testimony attached to the motions for summary judgment clearly establishes that well before she executed the partition agreement, Mrs.

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Dec 17, 2021

Humphrey, 512 U.S. 477 (1994); and (3) LeBlanc and Lawson were entitled to qualified immunity. (R. Doc. 22). … According to Lawson, “clear precedent establishes that defendants continue to benefit from the protections of the defense even if” they were denied qualified immunity after filing a motion to dismiss. (R.

In Re Norris

183 B.R. 437 · United States Bankruptcy Court, W.D. Louisiana · Jun 15, 1995

An Application for Immunity was filed by the United States Attorney on March 16,1995. An order was signed by the District Court granting Norris immunity on the same date. … The Albers court relied on In re All Media Properties, Inc., 5 B.R. 126, 142 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981), which stated: [t]he Congressional intent is rather clearly to qualify as a petitioning