Case law

City of New Orleans v. Board of Com'rs

640 So. 2d 237 · Supreme Court of Louisiana · Jul 5, 1994

Likewise, the drafting history of the local government article as reflected by the transcripts of the constitutional convention debates clearly reflects that the delegates intended to confer a greater degree of immunity upon … defense that appears clearly on the face of the pleading.

Brown v. Adair

846 So. 2d 687 · Supreme Court of Louisiana · Apr 9, 2003

Specifically, the Statute makes no mention of and grants no immunity to vocational rehabilitation specialists, whose duty is owed to the injured party, *690 not the injured's employer. [1] It is well established that when … As in Roberts , the instant plaintiff was not employed by the defendants at the time of his accident, the defendants do not qualify as any of the named immune persons in the Statute, and, thus, the defendants are not entitled

Schmit v. Tjitandi

2016 La.App. 1 Cir. 1431 · Louisiana Court of Appeal · Jun 2, 2017

Schmit entitled to tort immunity under the LWCA. … In the case at bar, the uncontested evidence admitted for purposes of the motions for summary judgment establishes that Mr. Tjitandi was first hired by Qualified in April or May of 2013.

Quinones v. US Fidelity and Guaranty Co.

630 So. 2d 1303 · Supreme Court of Louisiana · Jan 14, 1994

The trial court's judgment to the contrary was clearly wrong. … Quinones' immune system, making his death on May 7, 1987 inevitable, even if he had never suffered the debilitating work related accident which resulted in the putrefication of his left foot and leg.

Aucoin v. Rochel

2008 La.App. 1 Cir. 1180 · Louisiana Court of Appeal · Dec 23, 2008

Aucoin relies on dicta by the Louisiana Supreme Court in a footnote in a case that involved an intoxicated minor clearly outside the scope of immunity provided by the statute. In Berg v. … In this case, the facts are even stronger in establishing that Ms.

Campo v. Sternberger

15 La.App. 5 Cir. 52 · Louisiana Court of Appeal · Nov 19, 2015

Experience alone is. normally sufficient to qualify a witness as an expert. Cheairs, supra. … Anderson, testified clearly that he saw no deficiency in the plans and specifications provided by J.E. Bruce Design Consultants or Lee Engineers.

Craig v. GRANT PARISH POLICE JURY

593 F. Supp. 2d 901 · District Court, W.D. Louisiana · Dec 1, 2008

legislative immunity. … R.S. 48:701 and vacating our denial of summary judgment based on qualified and absolute legislative immunity.

Holder v. Louisiana Parks Service

552 So. 2d 20 · Louisiana Court of Appeal · Nov 8, 1989

Louisiana Parks Service, Inc., 493 So.2d 275 (La.App. 3 Cir.1986), held that "[t]here remains a material issue as to whether the park, its location and surrounding developments qualifies it for the immunity provided for by … The affidavit of Nancy Reed clearly shows that the Park was not a commercial profit making enterprise.

Marie v. Police Jury of Parish of Terrebonne

161 So. 2d 407 · Louisiana Court of Appeal · Mar 2, 1964

"The jurisprudence of this State is well established that a police jury, as a political subdivision of the State, falls within the scope of the doctrine of sovereign immunity. … clearly alleged acts that constitute a taking of property, viz: "`2.

Johnson-Blount v. Board of Supervisors for Southern University

994 F. Supp. 2d 780 · District Court, M.D. Louisiana · Jan 17, 2014

To the contrary, Louisiana explicitly maintains its sovereign immunity by statute. 15 *784 Furthermore, the Fifth Circuit has directly held that Southern University and its Board of Supervisors qualify as an arm of the State … This argument is clearly contrary to Kimel: “State employees are protected by state age discrimination statutes and may recover money damages from their state employers ...” 18 Such relief is only available in state court

Mitter v. St. John the Baptist Parish

920 So. 2d 263 · Louisiana Court of Appeal · Dec 27, 2005

It is well established, however, that where it is attempted to establish an exception to a general rule, strict construction is required and the exception is not to be recognized unless it is clearly established. … In my opinion, the exception in question here is not clearly established and, thus, this *270 Court should not recognize that exception.

Dunhill Resources I, L.L.C. v. Louisiana Ex Rel. Louisiana State Mineral Board

298 F. Supp. 2d 404 · District Court, M.D. Louisiana · Jun 30, 2003

It is well established that Eleventh Amendment immunity extends to arms of the State when “the State is the real, substantial party in interest.” 2 As such, a State or an arm of the State is immune from suit pursuant to the … R.S. 30:121, yet the Board refuses to admit that these two factors clearly militate against Eleventh Amendment immunity.

Gillan v. Jones

157 So. 2d 598 · Louisiana Court of Appeal · Jan 20, 1964

The above emphatic rejection of participation in a survey of the property clearly supports the contentions of the Gillan family. … We are impressed by the declaration of counsel for defendants-appellants with reference to one of their asserted specifications of error: "* * * the evidence in this record clearly establishes that the Island Chute has never

Cook v. City of Shreveport

134 So. 2d 582 · Louisiana Court of Appeal · Oct 26, 1961

There is an exception to the above general rule of sovereign immunity which has been equally well established by our jurisprudence to the effect that a municipality may be held in damages for personal injuries resulting from … Therefore, if the injuries in the present case had occurred on a street or sidewalk, the exception filed by the defendant based on governmental immunity would clearly have no merit.

Glasgow v. PAR MINERALS CORP.

70 So. 3d 765 · Supreme Court of Louisiana · Jul 14, 2011

As a matter of plain meaning, “incompetent” is defined as “not qualified to act in a particular capacity.” New OxfoRD American Dictionary 880 (3rd ed.2010). … The fountainhead of tort liability is LSA-C.C. art. 2315; workers’ compensation liability is established by the Louisiana Workers’ Compensation Act, LSA-R.S. 23:1021, et seq. .

Southern Environmental Management and Specialties, Inc. v. City of New Orleans and Honorable Latoya Cantrell, in Her Official Capacity as the Mayor of the City of New Orleans and Command Construction Industries, LLC and Arch Specialty Insurance, Inc.

Louisiana Court of Appeal · May 11, 2022

R.S. 38:2241(C)—, which renders the majority’s analysis clearly erroneous. A proper statutory analysis would address the immunity provision, which the surety . . . is urging in this case. … The immunity provision clearly grants [the surety] immunity because [the subcontractor] did not follow the notice and recordation requirements before (or even after) it filed suit against [the surety].”

S.T.J. v. P.M.

556 So. 2d 244 · Louisiana Court of Appeal · Jan 24, 1990

In this appeal, appellant argues that the immunity urged is inapplicable to this case because defendants established a psychologist-patient relationship by undertaking treatment of the child. … With respect to testimony in judicial proceedings, the immunity of parties and witnesses from subsequent liability was well established in English common law. Briscoe v.

Rogers v. Columbia/HCA of Central Louisiana, Inc.

961 F. Supp. 960 · District Court, W.D. Louisiana · Feb 19, 1997

. § 13:3715.3 provides qualified immunity for members of hospital peer review committees. … It establishes qualified immunity and confidentiality under state law for peer review committees.

NORTHWEST LA PRODUCTION CREDIT v. State

746 So. 2d 280 · Louisiana Court of Appeal · Nov 5, 1999

Thus, PCAs are federal instrumentalities, clearly designated as such by federal statute. … doctrine and that states cannot tax them in the absence of a statute which clearly and affirmatively waives this implied immunity.

Green v. Liberty Mut. Ins. Co.

352 So. 2d 366 · Louisiana Court of Appeal · Jan 30, 1978

The reasoning is the legislature is simply stating more clearly what it meant to say in the first place. … The interpretive legislation does not create new rules, but merely establishes the meaning that the interpreted statute had from the time of its enactment.