Case law

Faulkner v. McCarty Corp.

853 So. 2d 24 · Louisiana Court of Appeal · Jun 11, 2003

In the instant case we find that the evidence clearly demonstrates that when the Dock Board leased its warehouses, it gave complete control of those warehouses to the lessee. … R.S. 9:2798.1(B) grants the Dock Board qualified immunity from liability based upon the exercise or performance or the failure to exercise or perform its discretionary acts. Id., 685 So.2d at 588-89 .

Tennart v. Baton Rouge

District Court, M.D. Louisiana · Sep 7, 2022

was a violation of clearly established law. … reasonable officer in Lemmons’ position would know that his conduct was unlawful under clearly established law.

Gordon v. POINTE COUPEE HEALTH SERVICE

47 So. 3d 565 · Louisiana Court of Appeal · Aug 11, 2010

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to the LMMA. … " and that all other tort liability on the part of the qualified health care provider is governed by general tort law.

Price v. Irons

District Court, E.D. Louisiana · Apr 2, 2020

Given that the Court has found the judges to have absolute immunity, the Court does not proceed to consider defendants’ argument in the alternative that they also have qualified immunity.39 … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity.”

Wetzel v. St. Tammany Parish Jail

610 F. Supp. 2d 545 · District Court, E.D. Louisiana · Mar 5, 2009

it is determined that the allegation of poverty is untrue, or if the action or appeal is frivolous, malicious, fails to state a claim for which relief can be granted, or seeks monetary relief against a defendant who is immune … Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person,” which is defined by the Louisiana Civil Code as “an entity to which the law attributes personality, such as a corporation or

Harris v. Minvielle

48 La. Ann. 908 · Supreme Court of Louisiana · May 4, 1896

from all responsibility, but merely require that he should be protected, so far as he is speaking honestly for the common good; in these the privilege is said not to be absolute but qualified only; and the plaintiff will … We have given this ease special attention and examined it with care, and have reached the conclusion that plaintiff has clearly established the charges his petition prefers against the defendant, and that he is entitled to

Emery v. Owens-Corporation

813 So. 2d 441 · Louisiana Court of Appeal · Nov 9, 2001

This record establishes a reasonable factual basis to support the jury's finding that these other-premises owners were not liable for the Bendilys' damages and, as such, is not clearly wrong. … Accordingly, this finding by the jury, lacking a reasonable factual basis to support it, is clearly wrong and is reversed.

Commonwealth Insurance Co. v. Halliburton Energy Services, Inc.

2003 La.App. 1 Cir. 2490 · Louisiana Court of Appeal · Dec 30, 2004

that the fact finder is clearly wrong or manifestly erroneous. … To perform its constitutional duty properly, an appellate court must determine whether the trial court’s conclusions were clearly wrong based on the evidence or clearly without evidentiary support.

Progressive SEC. Ins. Co. v. Foster

711 So. 2d 675 · Supreme Court of Louisiana · Apr 23, 1998

We acknowledged that the grant of immunity arguably did deprive the plaintiffs of a protected property interest. … Clearly, residents in Louisiana are exposed to greater inciden[ts] of traffic deaths involving alcohol than people living elsewhere.

Levy v. Ford

41 La. Ann. 873 · Supreme Court of Louisiana · Oct 15, 1889

As soon as the paper comes into the hands of a holder, unaffected by any defect, its character as a negotiable security is established; and tlie( power of transferring it to others, with the same immunity which attaches in … C. 2187; second, because the intention to novate that obligation does not “ clearly result from the terms of the agreement.” R. C. C. 2190.

Opinion Number

Louisiana Attorney General Reports · Sep 8, 2009

According to your request, the Hospital has been charged with the responsibility to establish a first-class assisted living facility ("Facility") to benefit the citizens of St. Charles Parish. … As such, we believe that the proposed transaction does not appear to be merely gratuitous, if the developer's obligations are reflected reasonably clearly in the agreement and related documents.

Drury v. United States, Department of the Army, New Orleans District Corps of Engineers

902 F. Supp. 107 · District Court, E.D. Louisiana · Oct 24, 1995

is not one that is enumerated in section 2680(h), the plaintiffs claim is still barred “when the underlying governmental conduct “essential” to the plaintiffs claim can fairly be read to “arise out of’ conduct that would establish … The Court refuses to transform plaintiffs claim, which clearly sounds in tort, into a *111 claim under the Takings Clause of the Fifth Amendment absent plaintiffs choice of making such a claim and absent legal authority to

Hyers

District Court, E.D. Louisiana · May 11, 2026

The complaint must meet both requirements to qualify for the Ex Parte Young exception. … Ct. 513 (2026), to establish that they had 9 R. Doc. 1. standing to bring this lawsuit. Standing is not at issue in the R&R.

State v. Rideau

242 La. 431 · Supreme Court of Louisiana · Jan 15, 1962

Dugan’s voir dire examination as a whole and particularly the answers to questions propounded by the court clearly showed that he was qualified to serve as a juror in this case. … Furthermore, the voir dire examination as a whole clearly reflected that he was qualified and competent to serve as a juror in this case. This bill is without merit.

Dusang v. Liberty Mutual Insurance Co.

195 So. 2d 340 · Louisiana Court of Appeal · Feb 13, 1967

Hyman, the only physician who qualified as an expert in the subspecialty of cardiology. Dr. … Furthermore, the medical evidence adduced herein clearly establishes that the lifting episode resulted in some damage to the heart or the vessels immediately attendant thereto, probably in the form of an occlusion.

Lattin v. Hica Corp.

395 So. 2d 690 · Supreme Court of Louisiana · Mar 2, 1981

An odd lot claimant need not be absolutely helpless to qualify for total disability. … We consider the evidence clearly establishes a prima facie case for classification in the odd lot category, as plaintiff's pain appreciably limits the types of work available to him and greatly diminishes his ability to compete

Campbell v. Abraham

152 So. 2d 309 · Louisiana Court of Appeal · Mar 29, 1963

Chapin who qualified as a landscape expert in horticulture and whose firm was employed by the City of Baton Rouge to landscape the lot on which the pumping station was erected. … His purpose in testifying for the defendant was to establish the actual cost of restoring the plaintiff’s property.

State v. Mitchell

421 So. 2d 851 · Supreme Court of Louisiana · Oct 18, 1982

Sufficiency of Evidence The evidence established beyond a reasonable doubt that defendant obtained a controlled dangerous substance by means of a forged prescription. … In this case, defendant was not made any promises of immunity in exchange for his cooperation. See State v. Dison , above; R.S. 15:451.

Bosworth v. Whitley

627 So. 2d 629 · Supreme Court of Louisiana · Nov 29, 1993

If clemency is granted, the inmate joins the pool of other qualifying prisoners entitled to be considered by the Board for conditional early release on parole. … The scheme gives effect both to the Legislature's authority to define and establish penalties for criminal offenses and to the executive's plenary power to reprieve, pardon, commute and remit fines and forfeitures.

Stevedoring Services of America v. Kahn

726 So. 2d 53 · Louisiana Court of Appeal · Dec 9, 1998

As can be gleaned from the above, with specific regard to the issue before us, four requirements must be met to qualify for ad valorem tax exempt status: (1). … Alternatively, the same result would more clearly obtain had the redactors said, "ships, oceangoing tugs, towboats and barges."