Case law

Sandrock v. St. Bernard Parish Government

2014 La.App. 4 Cir. 1019 · Louisiana Court of Appeal · May 27, 2015

DISCUSSION Statutory Immunity In this assignment of error, SBPG contends that it is immune from liability pursuant to La. R.S. 9:2800.17. … clearly wrong or manifestly erroneous.”

Norman McQuirter v. Master Sergeant Jimmie Holloway and State of Louisiana through Louisiana Department of Public Safety and Corrections, Elayn Hunt Correctional Center

Louisiana Court of Appeal · Sep 18, 2020

establishes that the DPSC was engaged in emergency preparedness or emergency management activities at the time of the accident. … Sandbagging during a flooding event clearly qualified as a response to" the state of emergency unfolding at the time of the accident herein.

Klohn v. Louisiana Power & Light

406 So. 2d 577 · Supreme Court of Louisiana · Nov 16, 1981

Since the bond resolution qualifies as a municipal ordinance, having been enacted by the governing authority of the municipality, City of Thibodaux, and further, since *579 a certified copy of the bond resolution was filed … R.S. 23:1032, codifying the principal's tort immunity. See Malone & Johnson, Louisiana Civil Law Treatise, Workers' Compensation, 128 (1980).

Dupard v. Lopinto

District Court, E.D. Louisiana · Jan 24, 2022

immunity. … established constitutional right to access affidavits in support of search warrants, and thus Gegenheimer would be entitled to qualified immunity on any such claim.78 The Order also concluded that Plaintiff

Wright v. Smith

District Court, M.D. Louisiana · Jul 11, 2019

Second, the district court looks to whether the rights allegedly violated were clearly established. Id. … Once a defendant pleads qualified immunity, the burden shifts to the plaintiff, who “must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and that genuine

Manuel v. STATE, OFF. OF ALCOH. AND TOBACCO

982 So. 2d 316 · Louisiana Court of Appeal · Apr 30, 2008

That case involved, on the Federal side, not the Commerce Clause, but rather the intergovernmental immunity doctrine. … As such, they, and actions taken pursuant to them, do not qualify as concerted action.

Font v. Clark

2008 La.App. 1 Cir. 1466 · Louisiana Court of Appeal · Jul 24, 2008

that the fact finder is clearly wrong. … Moreover, the record clearly demonstrates that neither the “notice of candidacy” nor the [/‘qualifying fee” was “received ... by the clerk of court” during the qualifying period, as required by La. R.S. 18:466.

McLean v. Hunter

486 So. 2d 816 · Louisiana Court of Appeal · Jun 6, 1986

R.S. 9:2794 B provides a party to a malpractice suit has "... the right to subpoena any ... dentist ... for trial to establish the... degree of care ordinarily exercised...." … Our independent review of all the evidence, including the proferred testimony, does not disclose the result reached was clearly wrong.

Conmaco, Inc. v. Southern Ocean Corp.

581 So. 2d 365 · Louisiana Court of Appeal · May 30, 1991

The blueprint clearly specified the weight of the block as 17,945 pounds. … Because the burden is on the plaintiff initially to establish a prima facie case, the failure to establish such a case defeats his cause of action.

State v. Webster

245 La. 523 · Supreme Court of Louisiana · Dec 16, 1963

Defending, the accused claimed the qualified privilege provided for in LRS 14:49 which, among other things, recites: “A qualified privilege exists and actual malice must be proved, regardless of whether the publication is … Clearly, such language is defamatory, and every element of the crime as defined by the statute has been alleged. As to the second contention the accused, relying on Wood v.

Fosscett v. Lake Charles Municipal Fire & Police Civil Service Board

125 So. 2d 44 · Louisiana Court of Appeal · Nov 17, 1960

Accordingly, the doctrine of ‘last antecedent’ will not be adhered to where extension to a more remote antecedent is clearly required by a consideration of the entire act. … The right and privilege set out in Section 15.1 of Article XIV of the Constitution is a private right granted in the public interest to effectuate a Legislative policy, i. e., the establishment and maintenance of a Civil

Labouisse v. Koppel

229 So. 2d 161 · Louisiana Court of Appeal · Nov 25, 1969

The intervenor further sought judgment against the plaintiff, declaring her ineligible to face him in the second primary, thereby establishing him as the *163 nominee of the Democratic Party for the office of Councilman for … The Court also clearly has jurisdiction in contests which fall within the provisions of LSA-R.S. 18:364.

Succession of Patterson

188 La. 635 · Supreme Court of Louisiana · Nov 29, 1937

establish that it is a disposition of last will.’1 (Italics ours.) … A paper is not established as a man’s will merely by proving that he intended to make a disposition of his property similar to or even identically the same as that contained in the paper.

State v. Harris

2011 La.App. 4 Cir. 0941 · Louisiana Court of Appeal · Aug 2, 2012

Harris entered a qualified plea of guilty under State v. Crosby, 338 So.2d 584 (La.1976). … Crosby, therefore, establishes a presumption that pre-trial error is not harmless. See also State v.

Wainwright v. Tyler

253 So. 3d 203 · Louisiana Court of Appeal · Jun 27, 2018

A conditional or qualified privilege arises in a broader number of instances. … The existence of a qualified privilege is an affirmative defense.

Gunasekara v. City of New Orleans

264 So. 3d 1236 · Louisiana Court of Appeal · Jan 30, 2019

There is a significant amount of precedence on whether or not competitive harm qualifies as a special interest. … doctrine of sovereign immunity or other, more specific bars ....

In Re Conoco EDC Litigation

123 F. Supp. 2d 340 · District Court, W.D. Louisiana · Nov 16, 2000

So Congress promulgated the Convention Act in 1970 to establish procedures for our courts to implement the Convention.” McDermott International v. … In short, neither Danube nor XL have sovereign immunity to waive in order to accept federal jurisdiction. B.

Andrus v. Guillot

160 So. 2d 804 · Louisiana Court of Appeal · Feb 18, 1964

document, or instrument affecting or relating to secular rights, or "(c) the doing of any act, in behalf of another, tending to obtain or secure for the other the prevention or the redress of a wrong or the enforcement or establishment … While we think that in this case there was clearly a violation of the statute, we wish to make it clear we do not intend to "outlaw" all collection agencies. If legally operated, they serve a most useful purpose.

Norman McQuirter, Brandon Mastos, & Jerome Tubbs v. Louisiana Department of Public safety & corrections, Master Sergeant Jimmie Holloway, Louisiana State Penitentiary, and Office of Risk Management

Louisiana Court of Appeal · Sep 18, 2020

establishes that the DPSC was engaged in emergency preparedness or emergency management activities at the time of the accident. … Sandbagging during a flooding event clearly qualified as a response to" the state of emergency unfolding at the time of the accident herein.

Lucille Jones v. Jimmy Rogers

Louisiana Court of Appeal · Nov 15, 2023

The trial court granted summary judgment in favor of Defendants finding they were immune from tort liability. … Specifically, “[t]he burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.”