Case law

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.

Griffin v. The Louisiana State Board of Nursing

District Court, M.D. Louisiana · Nov 10, 2021

Additionally, Griffin claims the LSBN should be denied qualified immunity because the Board violated a clearly established constitutional or statutory right by denying her credentials and her right to become and work as … As the Board argues, North Atlantic did not involve claims against a State asserting sovereign immunity; rather North Atlantic dealt with claims of absolute and qualified immunity by members of the Louisiana Board of Private

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.

Bye v. Board of Trustees of Police Pension Fund

274 So. 2d 855 · Louisiana Court of Appeal · Mar 13, 1973

The pension system which the plaintiff joined when he was employed in 1964 was established and regulated by LSA-R.S. 33:2281 et seq. … Under the 1967 system a policeman who resigns or is terminated before working sufficient years to qualify for retirement is entitled to a refund of all contributions he made to the fund by way of payroll deductions.

Becnel v. Citrus Lands of Louisiana, Inc.

429 So. 2d 459 · Louisiana Court of Appeal · Mar 4, 1983

Hugh McCurdy as a witness and qualified him as an expert surveyor. He reviewed the land survey of James S. Webb which was dated February 10, 1928. … The record clearly reveals that the requirements of the statute were not met.

Louisiana Real Estate Appraisers Board v. United States Federal Trade Commission

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

State-action immunity from suit is applicable when a state establishes that anticompetitive conduct is created, overseen, and guided by the state, without the influence or control of parties who have not been … To qualify for state-action immunity, a state must establish that the anticompetitive act is a clearly articulated state policy, and that such activity is actively supervised by the state.2 ([d.).

Shane v. Parish of Jefferson

13 La.App. 5 Cir. 590 · Louisiana Court of Appeal · Sep 24, 2014

Section 2-151 clearly establishes that JEDCO, not the Parish, was assigned by the Council as the sole custodian of records for JEDCO’s documents. It is undisputed that the emails were located on JEDCO’s computer server. … The Jefferson Parish Council was clearly authorized to order the internal audit.

Smith v. Berteau

739 So. 2d 269 · Louisiana Court of Appeal · Jun 25, 1999

Smith alleges that Empire has not clearly established that there are not any disputed issues of material fact, in particular, whether workers' compensation is plaintiff's only remedy for his injures, and whether Berteau was … Although LSA-R.S. 23:1032 provides tort immunity to the employer and coemployee of an injured employee, the employee is free to seek tort recovery from an employee who caused the injury, when the coemployee was not engaged

Harper v. STATE, DPSC

679 So. 2d 1321 · Supreme Court of Louisiana · Sep 5, 1996

The only evidence of this policy was from Hannegan and Bailey and they clearly knew very little about it. … Furthermore, the sheriff is responsible for establishing regulations regarding the discipline, working and employment of such prisoners. LSA-R.S. 15:708 B.

State v. Lee

533 So. 2d 399 · Louisiana Court of Appeal · Oct 27, 1988

The competency of expert witnesses is a question of fact within the sound discretion of the trial judge, and his ruling on the qualifications of experts will not be disturbed unless clearly wrong. State v. … As such, it does not appear that the trial judge erred by qualifying the officer as an expert. Therefore, this claim has no merit.

Opinion Number

Louisiana Attorney General Reports · Apr 2, 2009

Bernard Parish Council, as a post-1974 home rule charter entity, empowered to adopt an ordinance which alters the selection and removal *Page 2 process for the hospital service district board of commissioners established … The only qualification requirements imposed by La.R.S. 46:1053 (A) are that members of the board of commissioners be qualified voters and residents of the district.

Crews v. Cappell

277 So. 2d 150 · Louisiana Court of Appeal · May 8, 1973

Petition for elections; notice of election Upon the petition of twenty-five per cent of the qualified electors or one hundred qualified electors, whichever is less, in any ward of any parish of the state the governing authority … The petition shall be signed by twenty-five per cent of the electors or one hundred qualified electors, whichever is less, of the ward qualified to vote on the date on which the first signature is attached to the petition

Hyde v. Planters' Bank

17 La. 560 · Supreme Court of Louisiana · Jan 15, 1841

Red-man, a notary public, .residing at Natchez, and qualified according to law to demand payment thereof, and to notify in a legal manner the said indorser; that it was the duty of the said Redman not only to notify said … he had served notice on this *341 indorser; the notary having died befoi’e the trial, and his record being so deficient as to make no legal proof of such notice, the plaintiffs remained without any evidence whatever to establish

Broussard v. Jester

876 So. 2d 940 · Louisiana Court of Appeal · Jun 16, 2004

Jester is not a healthcare provider qualified under the terms of the Louisiana Medical Malpractice Act. The Broussards then filed a petition in district court seeking damages from Dr. … Broussard that he could help her "with like immune therapy, diet, things like that," and that he told her "the most important thing she needed was surgery, radiation, and maybe chemotherapy."

Flanagan v. Gehrke

136 La. 402 · Supreme Court of Louisiana · Jan 11, 1915

The suit is therefore clearly a petitory action, brought on behalf of the state of Louisiana for the recovery of property of which, it is asserted and insisted, the state is owner, by virtue of her sovereignty, and not by … peaceable and uninterrupted possession for more than ten years, in good faith, under a title translative of property emanating from the state of Louisiana, and by the prescription of three years, in favor of tax titles established

Ricks v. Louisiana Milk Commission

32 So. 2d 643 · Louisiana Court of Appeal · Nov 21, 1947

distributor as an official or representative of the Louisiana Ice and Utilities Co., Inc., his relationship to that corporation had not been shown and second, as the Governor had specifically appointed him as a producer, clearly … This commission is appointed for the purpose of supervising and regulating the buying of milk, of establishing certain methods of testing and sampling and weighing the same, of requiring licenses for such purposes, and in

Nicosia v. Guillory

322 So. 2d 129 · Supreme Court of Louisiana · Nov 3, 1975

However, he left so that he was unavailable, when called at the conclusion of the testimony of the plaintiff's first witness. *133 The trial court clearly did not abuse its discretion in continuing the case to permit the … The award of $1,800 for the total loss of the truck is likewise established by the record. Decree For the reasons assigned, we reverse and set aside the court of appeal judgment, and we reinstate the trial court award.

In re Benoit

244 So. 3d 44 · Louisiana Court of Appeal · Apr 11, 2018

(emphasis added) The Supreme Court conclusively established in LeBreton v. … R.S. 9:5628 established a preemptive time period. 2007-0419, p. 13, 989 So.2d at 51 .

Veuleman v. O'CON

417 So. 2d 131 · Louisiana Court of Appeal · Jul 28, 1982

We pretermit any determination as to the necessity of challenging a voter under the provisions of R.S. 18:111 in each and every election for a single office as we find that the challenged voter here was clearly a qualified … Sowell maintains a fully furnished residence in Robeline, and thus was clearly entitled to vote in the precinct of that residence.