Case law

Harrison v. Lake Charles Mental Health

6 La.App. 3 Cir. 434 · Louisiana Court of Appeal · Mar 7, 2007

The filing of a request for review of a claim shall suspend the running of prescription against all joint or solidary obligors, including but not limited to health care providers, both qualified and not qualified, to the … The record clearly shows the pleading he filed with the trial court on August 20, 2002 was received by the Division of Administration.

Lillie v. Stanford Trust Co.

235 So. 3d 1139 · Louisiana Court of Appeal · Nov 1, 2017

Thus, as the foregoing illustrates, the trial court clearly did not rely on the “fraud on the market” theory as grounds for certifying the class action. … sufficient to establish the numerosity element.

Scott v. Dauterive Hosp. Corp.

2002 La.App. 3 Cir. 1364 · Louisiana Court of Appeal · Apr 23, 2003

HealthTrust also agreed to establish a trust containing assets in order to cover the liabilities. … Lienemann is insufficient to qualify under the statute.

Tyson v. Daspit

District Court, W.D. Louisiana · Oct 1, 2020

When examining whether qualified immunity bars a claim, courts must ask whether the plaintiff has alleged the violation of a clearly established constitutional right, and whether the defendant’s conduct was objectively … reasonable in light of clearly established law at the time of the incident.

City of Hammond v. Parish of Tangipahoa

985 So. 2d 171 · Louisiana Court of Appeal · Mar 26, 2008

A public official or governmental body performing a traditional legislative function is absolutely immune from liability for acts performed in that capacity. … Additionally, government officials and entities performing discretionary functions generally are shielded from liability for civil damages, unless their conduct violates clearly established statutory or constitutional rights

Rosehill Construction, LLC v. Ted Hebert, LLC

Louisiana Court of Appeal · Nov 28, 2022

Cobb had qualified immunity pursuant to La. R.S. 9:2798. 1. On February 22, 2022, the district court granted Rosehill' s motion for reconsideration and vacated its December 13, 2021 judgment. … Cobb had qualified immunity for such actions. Further, the City Parish and Mr.

Young v. Bassett

District Court, W.D. Louisiana · Mar 4, 2024

They challenge the complaint for failure to state a plausible claim on which relief may be granted and as inadequate to defeat their claim of qualified immunity. … If the case is ever reopened, the court will consider the Rule 12(b)(6) and qualified immunity defenses raised by the motion.

State v. Executors of McDonogh

8 La. Ann. 171 · Supreme Court of Louisiana · Apr 15, 1853

Those intents and- purposes are fully expressed in subsequent clauses of the will; being thus referred to, they must be considered as embodied in the devising clause, and clearly qualify and limit it. … By the lapse of the legacies to the cities, I am clearly of opinion that he meant their failure to take effect from any cause whatever.

State v. Carlisle

458 So. 2d 1347 · Louisiana Court of Appeal · Oct 31, 1984

The relevance of the testimony of the State's witness was clearly demonstrated. It was linked to the instant offense temporally as well as by location. Further, Mr. … The person who withdraws the blood must be a physician, a registered nurse, qualified technician, or chemist.

Gasper v. Louisiana Stadium & Exposition District

418 F. Supp. 716 · District Court, E.D. Louisiana · Sep 8, 1976

This Court does not believe that it is necessary to decide whether the complained-of conduct is or is not state action as required by § 1983, since the Court is of the opinion that there clearly has been no violation of plaintiffs … As in the instant case, the plaintiffs in Tanner cited a potpourri of federal constitutional and statutory provisions to establish jurisdiction.

Verdin v. Soignet

District Court, E.D. Louisiana · Aug 2, 2023

Immunity, Affirmative Defenses, Answer to Plaintiff’s Complaint.”3 LAW AND ANALYSIS Under Federal … Brown, 84 F.3d 137, 141 (5th Cir. 1996) (“An entry of default is what the clerk enters when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a).

Carr v. UNITED HOMES, INC.

8 La.App. 3 Cir. 02 · Louisiana Court of Appeal · May 7, 2008

The existence of a redhibitory defect is a *256 question of fact which cannot be disturbed unless the record establishes that the finding is manifestly erroneous. Dage v. … Mouser was qualified as an expert in manufactured housing construction, code compliance, and forensic analysis of condensation issues.

Sheppard v. City of Baton Rouge

897 So. 2d 25 · Louisiana Court of Appeal · Sep 17, 2004

Costello states that the non-moving party may submit affidavits or "point out," which seems to clearly suggest that pointing out is by brief and not by affidavit. … until they are clearly, not impliedly, *30 overruled.

Flowers v. Entergy Corporation

30 So. 3d 283 · Louisiana Court of Appeal · Jan 29, 2010

Brooks was not qualified to testify as an accident reconstructionist. We disagree. … To establish liability, all the required elements of negligence must be found.

Duplessy v. Duplessy

12 La.App. 5 Cir. 69 · Louisiana Court of Appeal · Jun 28, 2012

If there are two permissible views of the evidence, a fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Id. … It is well established that each child custody case must be viewed in light of its own particular set of facts and circumstances. McCormic v. Rider, 09-2584, p. 3 (La.2/12/10), 27 So.3d 277, 279 .

Mbarika v. Board of Supervisors

2007 La.App. 1 Cir. 1136 · Louisiana Court of Appeal · Jun 6, 2008

Whether or not he was “qualified” for the position is a more difficult question. However, even assuming that Dr. … Mbarika himself stated clearly and unequivocally several times in his letter to Dean | ^Sumichrast that he fired his graduate assistant. Dr.

Charles B. Bridges, Et Ux. v. the City of Carenco

Louisiana Court of Appeal · Apr 30, 2008

director” is not one of the positions specifically listed in La.R.S. 9:2798, that she does not qualify for immunity under the statute. … The record establishes that after the rain, remedial steps were take to improve the playing surface.

Muslow v. Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Apr 14, 2020

The qualified-immunity analysis involves determining: (1) whether the plaintiff has alleged a violation of a federal statutory or constitutional right, and (2) whether the right at issue was “clearly established” at the … the Equal Protection Clause was not clearly established within this circuit.

Solito v. Horseshoe Entertainment

834 So. 2d 610 · Louisiana Court of Appeal · Dec 18, 2002

Alicia also indicated that her heel stuck in the depression area at the time of her fall. *617 Horseshoe disputes the depression area or trench and claims that causation for the fall was not clearly established. … Under these circumstances, the trial court was not clearly wrong in failing to assess fault to Alicia.

Vintage Wings & Things, LLC v. Toce & Daiy, LLC

4 La.App. 3 Cir. 706 · Louisiana Court of Appeal · Nov 10, 2004

Public records and reports which are specifically excluded from the public records exception by Article 803(8)(b) shall not qualify as an exception to the hearsay rule under this Paragraph. … Vega, clearly testified that they received, as a result of their investments, which were an eighth of the investment made by Mr. Toce personally, free flights on this jet. Mr.