Case law

Manning v. Sampson

10 La.App. 5 Cir. 151 · Louisiana Court of Appeal · Oct 12, 2010

Sampson are immune from tort liability and Mr. Manning’s exclusive remedy is for worker’s compensation benefits. … Considering the undisputed facts, along with the jurisprudence and factors for determining borrowed servant status, we find that the totality of the circumstances clearly shows that Mr.

Hess v. Magnolia Behavioral Healthcare, L.L.C.

2015 La.App. 1 Cir. 1312 · Louisiana Court of Appeal · Feb 24, 2016

Hess’s PTO: hours were reduced by the payment of her final check. ■ Magnolia counters that the evidence clearly establishes, as was confirmed by the trial court, that Ms. … Global Data Systems, Inc., 2005-1227 (La.App. 3 Cir. 4/5/06) , 926 So.2d 145, 149 (provision in employee vacation policy did not qualify as clear, written policy establishing that vacation time granted by employer was a “

State v. Jones

332 So. 2d 466 · Supreme Court of Louisiana · May 17, 1976

Next, defendant objected to the qualifying of a state witness as an expert (Captain Milton Cox). The record reveals that this witness was properly qualified as found by the trial judge (Assignment of Error No. 7). … He asserts that the state failed to establish an adequate chain of custody prior to their admission in evidence. There is no merit to this contention. In State v.

Bickham v. Goings

460 So. 2d 646 · Louisiana Court of Appeal · Nov 20, 1984

Domingue, 365 So.2d 1330 (La.1978) we are bound to accept those findings unless the record establishes that they are clearly wrong. Our review convinces us that they are not. Defendants contend that Frank, Jr.' … In Hunnicutt the defendants attempted to elicit similar testimony concerning braking tests from a witness who had not been qualified as an expert at accident reconstruction in an attempt to establish the speed of the plaintiff's

Mahi

District Court, M.D. Louisiana · Sep 11, 2026

The motions to dismiss raise defenses of, inter alia, Eleventh Amendment immunity, absolute judicial and prosecutorial immunity, and qualified immunity.12 5 R. … all defendants filed motions to dismiss, largely based on different immunity claims.23 Specifically, Landry asserts that he is entitled to prosecutorial immunity and LeBoeuf asserts that he is entitled to qualified immunity

McNamara v. Leslie Ardoin, Inc.

357 So. 2d 1317 · Louisiana Court of Appeal · Apr 11, 1978

Finally, we note that in taxing legislation, exemptions must be strictly construed, and clearly, unequivocally, and affirmatively established. Roberts v. City of Baton Rouge, 236 La. 521 , 108 So.2d 111 (1958); Kemp v. … Clearly, defendant does not qualify. In addition to these rules of statutory interpretation, we find specific support for this view in the Louisiana Supreme Court’s decision in Standard Oil Co. of New Jersey v.

Henderson v. Claiborne Elec.

793 So. 2d 247 · Louisiana Court of Appeal · Jun 20, 2001

We start with the proposition that employers and their employees are immune from all tort actions arising from workplace injuries. La.R.S. 23:1032(A). … Clearly, this does not fit the supreme court's definition of an intentional act.

Grand Lodge v. City of New Orleans

44 La. Ann. 659 · Supreme Court of Louisiana · May 15, 1892

The court held that the exemption was made part of the charter, and was one of the inducements offered for its acceptance and for making donations for the establishment of the institution. Asylum vs. … Prom one of the cases referred to by plaintiffs’ counsel we quote: “The old is abrogated by the new law only when the latter is couched in the negative or is so clearly repugnant as to imply a negative. 33 An. 850.

Elisa Knowles Collins v. Leslie Ricard Chambers, Hon. Marcus L. Hunter, and Nancy Landry in Her Capacity as the Secretary of State for the State of Louisiana

Supreme Court of Louisiana · Aug 20, 2024

The district court found, and we agree, that this evidence established a prima facie case under La. R.S. 18:492(A)(7). … Clearly, the candidate in question did not file his income tax returns when initially due.

Bonds v. Natchitoches Parish School Board

164 La. 584 · Supreme Court of Louisiana · Jul 11, 1927

If the polls were not opened at any one of the precincts, the burden was on plaintiffs to establish that fact. They have not done so. … Our conclusion is that the position here taken by plaintiffs is not established.

Opinion Number

Louisiana Attorney General Reports · Nov 7, 2002

A review of pertinent constitutional debates clearly establishes that legislative action was the sole intent of this provision. … that "local governmental autonomy or home rule exists only to the extent that the state constitution endows a local governmental entity with two interactive powers: the power to initiate local legislation and the power of immunity

John Nickelson v. Henry Whitehorn and Kyle R. Ardoin, in his official capacity as Louisiana Secretary of State

Louisiana Court of Appeal · Dec 12, 2023

In his post-trial brief, Nickelson argued that the testimony and evidence clearly established double voting by two individuals, voting by four fully interdicted individuals, and multiple irregularities in mail-in ballots … Clearly, irregularities existed in the voting for the office of Caddo Parish Sheriff. Nickelson has established that two voters illegally voted twice in clear violation of La. R.S 18:1305.

Narcisse v. Continental Ins. Co.

419 So. 2d 13 · Louisiana Court of Appeal · Jul 28, 1982

It was established that the door was made of metal, weighed 112 pounds, [1] and lacked a doorstop or closure. Dr. Louis V. … Testimony as to safety or design of doors would have clearly been outside of his field of expertise, as the trial court correctly concluded.

Boguille v. Chambers

96 La.App. 4 Cir. 1173 · Louisiana Court of Appeal · Dec 11, 1996

That argument, how *589 ever, ignores the provisions of La.R.S. 9:2798.1(B), which grants governmental units qualified immunity from liability “based upon the exercise or performance or the failure to exercise or perform … We hold that discretionary immunity absolves it from liability in its decision to set the territorial limits of the ordinance’s application at 225 feet north of the dolphin.

McLavy v. Martin

167 So. 2d 215 · Louisiana Court of Appeal · Sep 2, 1964

Thus our basic law clearly authorizes the naming of party candidates for political office by means other than party primaries or conventions. … Thus, we believe, the pertinent statutory authority, considered in pari materiae (as they must be) establish the validity of LSA-R.S. 18:621.

Community Chest v. Union Mission Ass'n

30 So. 2d 131 · Louisiana Court of Appeal · Mar 27, 1947

This question has been definitely settled by the jurisprudence of our State, and we find that the principle applicable is clearly set forth in the opinion of the Supreme Court in the case of Layne Bowler Co. v. … intent of a specific agreement, has been granted the supervision, administration and control of a particular institution, and, on the other hand, to contend that it is without right to properly staff such an institution with qualified

Jeansonne v. Bonano

241 So. 3d 1027 · Louisiana Court of Appeal · Jan 23, 2018

A panelist shall have absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of his duties pursuant to serving on a [MRP]. [ La. … Jeansonne maintains that, as a matter of law, January 16, 2014, the date that the record indisputably establishes Mr.

Galle v. Allstate Ins. Co.

451 So. 2d 72 · Louisiana Court of Appeal · May 10, 1984

This affidavit established the following: (1) Keystone is a Florida corporation, and maintains its principal office and place of business in Florida. (2) Keystone is not qualified to, and does not do business in Louisiana … Keystone has relied upon its present almost non-existent contacts with Louisiana as the basis for its claim of immunity from suit here.

Davis v. Claiborne Electric Cooperative, Inc.

56 So. 3d 321 · Louisiana Court of Appeal · Dec 15, 2010

A workers’ compensation judge’s factual findings are subject to the manifest error or clearly wrong standard of appellate review. Hammock, supra; Gilliam v. … Thus, simply stated, and a point conceded by Claiborne, if plaintiff did hit a hole and jar his back, such an event would qualify as an accident.

State v. White

430 So. 2d 174 · Louisiana Court of Appeal · Mar 28, 1983

At trial, the state presented testimony of three officers who were qualified as experts in the field of fingerprinting to establish the match between the fingerprints lifted from the scene of the crime and those of Alfred … ASSIGNMENT OF ERROR NO. 5: At trial the state presented testimony of three employees of the Ruston Police Department who were qualified as experts in the field of fingerprinting to establish the positive match between the