Case law

Lisa Alfano v. Lafayette City-Parish Consolidated Government

Louisiana Court of Appeal · Jun 30, 2010

Finding that exercise of discretion entitled Officer Menard and LCG to qualified immunity, the trial court granted the motion for summary judgment. … The court in White held the investigating officer had complied with La.R.S. 32:398(D) because he conducted his investigation and obtained the information from the parties actually involved in the accident, and it was clearly

American Bank & Trust Co. v. Price

688 So. 2d 536 · Louisiana Court of Appeal · Apr 3, 1996

The conclusion that Matthews’ appraisal was an invalid, defective appraisal because he was “not qualified” is clearly wrong. Especially is that conclusion clearly wrong in the light of the appraisal of Mr. … The de minimus difference in the two appraisals required the sheriff to average the two, as the statute clearly directs.

Sullivan v. Malta Park

2014 La.App. 4 Cir. 0478 · Louisiana Court of Appeal · Dec 10, 2014

Sullivan contends that her pleadings were sufficient to establish an IIED cause of action. … Sullivan’s cause of action for IIED is precluded by the application of the qualified privilege.

City of Baton Rouge v. DeFrances

429 So. 2d 470 · Louisiana Court of Appeal · Mar 4, 1983

DeWeese is a qualified elector of the City. … Clearly this section indicates that whatever limitations may be found in Article VI, Section 6, are inapplicable to laws affecting the courts and their officers.

Crain v. Schlumberger Technology Co.

187 F. Supp. 3d 732 · District Court, E.D. Louisiana · May 20, 2016

“To defeat a motion for summary judgment against an employment disability claim, the claimant must establish a prima facie casé that: (1) he has a disability, as defined by the statute, (2) he is qualified for the job, and … This is clearly a transitory impairment that does not amount to a disability.

Spillman v. Texas & Pac. Ry. Co.

17 La. App. 473 · Louisiana Court of Appeal · Jun 11, 1931

Spill-man had qualified as the natural tutrix of her children, and had been legally' married to the deceased, John Spillman. … Plaintiff has not alleged that she has been appointed and has qualified as natural tutrix of her minor children. No proof was offered or' received to establish that such had been done.

Babineaux v. Brown & Root, Inc.

543 So. 2d 946 · Louisiana Court of Appeal · Apr 12, 1989

Babineaux is presently not qualified to return to such strenuous work as is required of a boilermaker or a similar position." … However, we find the trial court's award of supplemental earnings benefits for a period of 500 weeks clearly wrong.

In Re Viviano

645 So. 2d 1301 · Louisiana Court of Appeal · Nov 17, 1994

INVOLUNTARY COMMITMENT STATUTES Plaintiffs attempted to establish that Dr. Stewart and Dr. … In 1986 it enacted La.R.S. 9:2800.2 which provides psychologists and psychiatrists immunity from liability for breach of confidentiality for warning a clearly identified victim of a serious threat by a patient, when the patient

State v. Link

301 So. 2d 339 · Supreme Court of Louisiana · Oct 11, 1974

The defendant has the burden of establishing the defense of insanity. LSA-C.Cr.P. Art. 652. In the present case, a Sanity Commission was appointed. … The facts of this case clearly establish that this defendant was represented by counsel who did not meet these qualifications. That alone is sufficient for reversal.

Times-Picayune Publishing Corp. v. New Orleans Publishing Group, Inc.

2000 La.App. 4 Cir. 0748 · Louisiana Court of Appeal · Mar 20, 2002

At the time of the agreement, only the T-P, the JP Times and CityBusiness were qualified to bid for the Jefferson Parish legal notices business. … The trial court was clearly wrong in finding no ambiguities in the documents. This Court is not persuaded by the opinion from a foreign jurisdiction in Radio Communications Inc. v.

Shelton v. Neal

423 So. 2d 783 · Louisiana Court of Appeal · Dec 1, 1982

The accident occurred before the effective date of Act 144 of 1976 which immunized executive officers from claims for negligence of fellow employees. … Moreover, his experience and training qualified him to take Neal’s place as a supervisor in Neal’s absence.

Taylor v. Clement

832 So. 2d 1089 · Louisiana Court of Appeal · Dec 4, 2002

The Act does not expressly state that a healthcare provider, qualified at the time of the medical negligence, qualified at the time of a complaint of medical negligence is filed, and qualified at the time judgment against … Clement's liability for the suffering and the death of the Taylors' child is subject to the manifest error/clearly wrong standard of review as set out in Stobart v.

Cryer v. City of Alexandria ex rel. Alexandria Police Pension & Relief Board

425 So. 2d 900 · Louisiana Court of Appeal · Jan 10, 1983

We cannot subscribe to the argument that the language “while in the performance of his duties” means no more than a temporal relationship between the disability and the job, or that plaintiff need establish no more than that … However, this was clearly an inadvertence or typographical mistake, since a colloquy in the record between court and counsel indicates that the court recognized plaintiff had an interest in the right asserted and that he

Johnson v. Acadiana Ry. Co.

96 La.App. 3 Cir. 263 · Louisiana Court of Appeal · Apr 16, 1997

Landry Parish did qualify under an exception to the general rule of venue codified at La.Code Civ.P. art. 42. See La.Code Civ.P. arts. 71-85. … had supervision, may be brought in the parish where this office or establishment is located.

Pack v. Wise

155 So. 2d 909 · Louisiana Court of Appeal · Sep 12, 1963

(The right of privacy has been variously defined as "the right to be let alone" and as part of "the general right of immunity of the person", "the right to an `inviolate personality'", a violation of which right is "a direct … The right of privacy is not absolute but is qualified by the rights of others.

Brown v. Lykes Bros. SS Co., Inc.

422 So. 2d 213 · Louisiana Court of Appeal · Nov 2, 1982

NEGLIGENCE Appellants submit the evidence does not establish any negligence by the forklift operator. … Axelrod, was qualified as an expert in general surgery and was Board certified by the American Board of Surgeons.

Fletcher v. Louisiana Department of Transportation & Development

District Court, M.D. Louisiana · Nov 10, 2020

Defendant moves for Judgment on the Pleadings under Federal Rule of Civil Procedure 12(c) on the basis of sovereign immunity or, in the alternative, that Plaintiff has not established that he is a “qualified … Instead, Plaintiff merely argues that Article XII § 10(A) is an unequivocal waiver of immunity. That is clearly not the case based on the relevant case law.

Robinette v. Lafon Nursing Facility of the Holy Family

2015 La.App. 4 Cir. 1363 · Louisiana Court of Appeal · Jun 22, 2017

Robinette and/or were immune from liability. … Under principles of sovereign immunity, FEMA also is immune from liability based on its alleged failure to provide adequate shelter, medical services, triage, evacuation, and transportation during Hurricane Katrina.

Sensat v. Washington Group International, Inc.

12 La.App. 3 Cir. 654 · Louisiana Court of Appeal · Dec 12, 2012

Jarrell would first vet local ironworkers for qualified individuals. If there were too few qualified local workers, Jarrell would reach out to other qualified workers. … The overall tenor of the testimony established that, Sensat was virtually guaranteed work at Crystal River.

Valerie v. Foret

544 So. 2d 737 · Louisiana Court of Appeal · May 24, 1989

From the record it is clear that the plaintiff apparently failed to institute her suit within the one year prescriptive period established in La.R.S. 9:5628(A). … Lafayette Bone & Joint Clinic, 467 So.2d 113 (La.App. 3 Cir.1985) which can be clearly distinguished on its facts from the instant case.