Case law

Higginbotham v. Mobil Oil Corporation

357 F. Supp. 1164 · District Court, W.D. Louisiana · Apr 25, 1973

We find that the evidence clearly establishes that the fracture alleged by plaintiffs’ (and Mobil’s) expert witnesses could not have nucleated, propagated and gone to complete failure during that short period. … However, the language of Moragne, supra, itself clearly establishes that the action of wrongful death exists in General Maritime Law and there is no indication (even though the accident in that case occurred in the territorial

Gasway v. Cellxion, Inc.

31 So. 3d 566 · Louisiana Court of Appeal · Jan 27, 2010

As stated above, the WCJ found that Gasway established his inability to earn 90% of his pre-accident wages. … Gasway clearly established his inability to earn 90% of his pre-accident wages.

Isabella Criswell v. Collette Kelley, City of Shreveport d/b/a Shreveport Police Department, and American Alternative Insurance Corporation

Louisiana Court of Appeal · Mar 9, 2022

Reversal is warranted only when the record, viewed in its entirety, (1) contains no reasonable factual basis for the district court’s finding and (2) establishes that the finding is clearly wrong. Broussard v. … STATUTORY IMMUNITY By her third assignment of error, Lt. Kelly urges the district court erred in its application of La.

E.C. Durr Heavy Equipment Co. v. Board of Commissioners

98 La.App. 4 Cir. 0325 · Louisiana Court of Appeal · Sep 16, 1998

Art. 12, §10 (A) waives immunity of a state political subdivision from suit and liability based on a contract. … Art. 5, §16] are terms regulating jurisdiction of cases as between the several courts established by the constitution.

Toups v. Wolfson

2015 La.App. 4 Cir. 1037 · Louisiana Court of Appeal · Sep 29, 2015

Wolfson countered that the evidence clearly established that he maintained a full-time medical practice with the PPSO. … the trial court; and the appellate court must further determine that the record establishes that the finding is clearly wrong.

Masterson v. Epic Divers, Inc.

804 F. Supp. 869 · District Court, E.D. Louisiana · Dec 16, 1992

Defendant has filed a motion for summary judgment asking this Court to declare that plaintiff does not qualify for seaman status under the Jones Act (46 U.S.C.App. § 688). … In examining the first criterion, the facts of this case clearly show that plaintiff was neither permanently attached to nor did he perform a substantial amount of work on a single vessel.

Carter, Jr. v. Point Coupee Parish Sheriff's Department

District Court, M.D. Louisiana · Mar 3, 2020

The qualified immunity defense affords government officials not just immunity from liability, but immunity from suit.” Vander Zee v. Reno, 73 F.3d 1365, 1368 (5th Cir. 1996) (citing Mitchell v. … Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Rowan Companies v. State Tax Com'n

563 So. 2d 951 · Louisiana Court of Appeal · Jul 18, 1990

The Commission states that plaintiff must "clearly, unequivocally and affirmatively establish that the rig is exempt," but the U.S. … Rhoads, 188 U.S. 1 [ 23 S.Ct. 259 , 47 L.Ed. 359 ] (1903) sheep which were herded from Utah to Nebraska and that grazed along the way were held to be moving in interstate commerce and immune from local taxation.

Murphy v. Brookshire Grocery Co.

2002 La.App. 3 Cir. 0808 · Louisiana Court of Appeal · Dec 11, 2002

It is understandable that Murphy perceived that a whiplash would not qualify as the type of injury that the attorney was asking her about. … We do not find that the workers' compensation judge was clearly wrong in finding that Murphy's answers were not willful, but probably more in the line of a misunderstanding as to whether whiplash would qualify as an injury

Gibson v. United States

44 F. Supp. 3d 652 · District Court, M.D. Louisiana · Sep 3, 2014

Discretionary Function Exception As the sovereign, the United States is immune from suit, except to the extent that it has waived its immunity and has consented to be sued. 29 The FTCA acts as a limited waiver of sovereign … strictly construe waivers of sovereign immunity and resolve all ambiguities in favor of the sovereign. 31 Under the discretionary function exception, the waiver of immunity does not apply to any claim “based upon the exercise

Callahan v. New Orleans Police Department

171 So. 2d 730 · Louisiana Court of Appeal · Feb 8, 1965

Callahan, Jr., is disqualified from eligibility to appointment to any position in the State Civil Service or in the Civil Service of any duly established classified system of any political subdivision of this State for a … Slochower invoked the Fifth Amendment and refused to testify before a United States Senate Committee, claiming immunity against self-incrimination.

Christophe v. State ex rel. Department of Health & Hospitals

95 La.App. 3 Cir. 398 · Louisiana Court of Appeal · Oct 4, 1995

that the trial court’s finding is clearly wrong. … Clearly, the parties were unable to conclusively establish the exact dates that Orealia stayed with the Chris-tophes, thus leaving the dates of their exposure as approximations. Similarly, Dr.

Opinion Number

Louisiana Attorney General Reports · Dec 29, 1994

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Thus, the owner must establish that he or she falls squarely within one of the qualifying exemptions. The fact that the property is being leased to a governmental agency and used for a public purpose is immaterial.

Opinion Number

Louisiana Attorney General Reports · Dec 29, 1994

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Thus, the owner must establish that he or she falls squarely within one of the qualifying exemptions. The fact that the property is being leased to a governmental agency and used for a public purpose is immaterial.

Louisiana Cotton Manufacturing Co. v. City of New Orleans

31 La. 440 · Supreme Court of Louisiana · Apr 15, 1879

Section one of act No. 8 of 1875, acts of 1875, page 107, provides as follows : “ That any and all cotton and woolen factories and mills or establishments for the manufacture of cotton or woolen yarns, which are *443 how … Reading by these rules the declaration that “ the General Assembly shall have power to exempt from taxation property actually used for church, school, or charitable purposes,” how else can it be qualified than as an enumeration

Broady v. Unity Industrial Life Ins. Co.

160 So. 653 · Louisiana Court of Appeal · Apr 15, 1935

The objection was overruled, the testimony administered and evidently found sufficient to establish defendant’s contention, since the judgment of the court below was adverse to plaintiff. … The offer to prove the existence of the condition, which qualified and limited the liability of the insurer under the contract of insurance, was clearly permissible.

Succession of Ravain

168 La. 413 · Supreme Court of Louisiana · Apr 22, 1929

Nor does it contain the words “give,” “donate,” “bequeath,” “devise,” or any other word clearly establishing that it is a disposition of last will. … Ravain is owner of y2 interest in my store No. 1801 Tulane Avenue,” do not qualify the acknowledgment so as to make it a disposition in futuro, to take effect only at the death of John H.

Kately v. Global Data Systems, Inc.

926 So. 2d 145 · Louisiana Court of Appeal · Apr 5, 2006

However, “where an employer has a clearly established policy that vacation time is not considered wages for the purposes of La.R.S. 23:631(D)(2), an employee is not entitled to reimbursement for unused, accrued vacation time … In any event, none of these statements establishes that vacation time at GDS is a “mere gratuity.”

State v. Mena

344 So. 2d 357 · Supreme Court of Louisiana · Apr 6, 1977

In our opinion, the facts recited in the affidavit clearly provide an adequate basis upon which the issuing magistrate could conclude that the informant was credible and his information reliable. … Thus, some showing that the informant did not possess illusions of immunity might well be essential." 403 U.S. at 595 , 91 S.Ct. at 2087 , 29 L.Ed.2d at 740 .

Gayden v. Tenet Healthsystem Memorial Medical Center, Inc.

2004 La.App. 4 Cir. 0807 · Louisiana Court of Appeal · Dec 15, 2004

Moreover, article 25 of the Civil Code clearly states that “[n]atural personalty ... terminates at death.” In the present case, it is undisputed that Edwards was not alive at the time of the alleged negligence. … It is a well established principle that the limitations on the liability of a health care provider are special legislation in derogation of the general rights of tort victims, and, as such, any ambiguities in the Act should