Case law

Liberty Mut. Ins. v. STATE FARM MUTUAL AUTOMOBILE INS.

579 So. 2d 1090 · Louisiana Court of Appeal · Apr 30, 1991

State Farm argues that Liberty Mutual's cause of action for indemnity is barred because 1) Jones Walker can not proceed under La.R.S. 22:655, the Direct Action Statute, because as a vicariously liable party it does not qualify … It is a well-established principle of law that an insurance subrogee acquires no greater rights than those possessed by its subrogor and is subject to all limitations applicable to the original claim of the subrogor.

Opinion Number

Louisiana Attorney General Reports · Mar 28, 2001

R.S. 42:874(B)(8) clearly authorizes the Board to administer a qualified Cafeteria Plan. … It does not specify or define which plans or programs qualify.

Gray Insurance v. St. Charles General Hospital

96 La.App. 1 Cir. 1637 · Louisiana Court of Appeal · Jun 20, 1997

of the Office of Workers’ Compensation (OWC) to adopt rules and regulations necessary to establish and implement such a schedule. … Charles’s $27,171.85 bill averaged $5,434.37 per day, clearly more than 1.75 times the applicable per diem rate. It was thus appealable. In order to qualify for 85% reimbursement, however, St.

Danielle Larson v. Xyz Insurance Company

226 So. 3d 412 · Supreme Court of Louisiana · May 3, 2017

Moreover, the phrase “or other equine activity of any type however informal or impromptu” is preceded by the qualifying phrase “[a] ride, trip, hunt.” … Clearly, had the legislature intended to confer a broad, all-encompassing immunity, it could have done so very simply by extending immunity to all “equine activity,” without adding the extensive and detailed definitional

Arce v. La. State

306 F. Supp. 3d 897 · District Court, E.D. Louisiana · Nov 16, 2017

Tex. , 410 F.3d 236 , 240-41 (5th Cir. 2005) (" 'Eleventh Amendment immunity' is a misnomer, ... because that immunity is really an aspect of the Supreme Court's concept of state sovereign immunity and is neither derived … Georgia , the Supreme Court established a three-part test for addressing whether Title II validly abrogates [S]tate sovereign immunity in a given case.

Rabalais v. Nash

952 So. 2d 653 · Supreme Court of Louisiana · Mar 9, 2007

Fire Department qualifies as an emergency vehicle. … In the present case, I find the majority, in contravention of well established rules that strictly construe immunity statutes, extends a governmental immunity to include a vehicle whose use was not necessary to the performance

Todd v. City of Natchitoches, Louisiana

238 F. Supp. 2d 793 · District Court, W.D. Louisiana · Oct 29, 2002

Qualified immunity extends to government officials performing discretionary functions; government officials are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … For the defense of qualified immunity to apply, an official’s conduct must not have violated a clearly established constitutional right, and the official must not have known that his conduct under the circumstances violated

Langley v. Edwards

872 F. Supp. 1531 · District Court, W.D. Louisiana · Jan 3, 1995

To survive a standing challenge, the party invoking federal jurisdiction bears the burden of establishing three mandatory elements. See, FW/PBS, Inc. v. … The court applied the three part test for standing established in Lujan v.

Richie, Richie & Oberle, L.L.P. v. Louisiana Insurance Guaranty Ass'n

928 So. 2d 15 · Louisiana Court of Appeal · Dec 22, 2005

LIGA correctly counters that the blanket immunity found in LSA-R.S. 22:1391 is broader than that granted to the State and state agencies pursuant to LSA-R.S. 9:2798.1, which only provides qualified immunity for discretionary … These contractual relationships clearly do not encompass the selection of attorneys to represent LIGA. This argument is without merit.

Tyler v. Touro Infirmary

207 So. 2d 235 · Louisiana Court of Appeal · Feb 5, 1968

qualified to perform an act which may be performed only by such a specialist. … Under the routine surgical procedure established by the hospital staff the nurses were required to take that count in the manner so established, including the taking of a count out of the doctor’s presence prior to his entrance

Newman Marchive Partnership v. Hightower

735 F. Supp. 2d 483 · District Court, W.D. Louisiana · Aug 18, 2010

First, the court must determine whether the plaintiff has alleged a violation of a clearly established constitutional right[ 26 ] l If the plaintiff fails this step, the defendant is entitled to qualified immunity. … action is a violation) violates a clearly established right.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 2000

R.S. 42:1299.87 (B) clearly states that "before releasing confidential information the Secretary shall obtain an agreement in writing [that] shall indemnify the State of Louisiana." … States may enter into contractual endeavors without waiving sovereign immunity.

McNeely v. Walsh

2 F. Supp. 2d 829 · District Court, E.D. Louisiana · Feb 12, 1998

Fourth, defendant is entitled to qualified immunity under Louisiana defamation law. A. ANALYSIS 1. … Qualified Immunity Under Louisiana State Law Defendant’s last grounds for summary judgment is that the defendant is qualifiedly immune under Louisiana law.

Poole v. Housing Authority for the Town of Vinton

202 F. Supp. 3d 617 · District Court, W.D. Louisiana · Aug 15, 2016

The evidence clearly shows that Poole’s lease was terminated in violation of § 1437d(k) and (l). … The issue of whether Dorsey has qualified immunity was not briefed, and the court declines to make findings as to whether Dorsey is liable in her individual capacity in this ruling. .

Hahn v. City of Kenner

984 F. Supp. 436 · District Court, E.D. Louisiana · Oct 20, 1997

However, since both parties analyze the standard for qualified immunity in Section 1983 cases in- their motions on summary judgment, this Court will assume that such a claim is still asserted. … As no Section 1983 action is maintainable, any discussion of qualified immunity under Section 1983 jurisprudence is moot.

Carre v. City of New Orleans

41 La. Ann. 996 · Supreme Court of Louisiana · Dec 15, 1889

It is established beyond all possible perad venture that exemptions are strieti juris. Indeed, in order to be entitled to the immunity, the claimant must establish his pretension quite clearly. … court critically analyzed the text and took occasion to say: “The enumeration following the copulative conjunction ‘and,’ indicating the conclusion .of an enumeration of distinct subjects and the use of the word ‘other' qualifying

Bulk Lift International Inc. v. Flexcon & Systems, Inc.

122 F.R.D. 493 · District Court, W.D. Louisiana · Oct 13, 1988

Bulk Lift and Dorn then moved the court to quash the subpoena on the grounds of attorney-client privilege and the qualified work product immunity provided under Fed.R.Civ.P. 26(b)(3). … The Magistrate’s findings clearly show that she did not assume that the plaintiff’s claims had been abandoned.

Theron and Sherry Pfantz v. Dr. Dwight McKenna in His Capacity as the Coroner, Orleans Parish Coroner's Office, and Abc Insurance Company

Louisiana Court of Appeal · Oct 22, 2025

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … Immunity The Coroner argues that pursuant to La.

Lyons v. TERREBONNE PARISH CONSOLIDATED GOVERNMENT

2010 La.App. 1 Cir. 2258 · Louisiana Court of Appeal · Jun 10, 2011

clearly on the face of the pleadings. … Because the affirmative defense, which establishes the State’s immunity, appears clearly on the face of the petition, the trial court properly sustained the State’s exception raising the objection of no cause of action and

Southern Bridge Co. v. Department of Highways

319 F. Supp. 948 · District Court, E.D. Louisiana · Dec 17, 1970

If any of the several states elects to waive its sovereign immunity and consent to being sued as such, it may limit or otherwise qualify such consent only to those suits prosecuted against it in its own courts while at the … same time retaining immunity against suit in federal court.