Case law

United States Conference of Catholic Bishops v. Equal Employment Opportunity Commission

District Court, W.D. Louisiana · Jun 17, 2024

Here, Louisiana and Mississippi – as employers and without the shield of Eleventh Amendment sovereign immunity – are directly regulated by the PWFA and the Final Rule. … Under section 702(a), for example, qualifying religious organizations are exempt from Title VII’s prohibition against discrimination on the basis of religion, but, as U.S. courts of appeals have recognized, qualifying

Nolen v. Union Carbide Corp.

432 So. 2d 302 · Louisiana Court of Appeal · May 17, 1983

substance indicating that the district court judgment was clearly wrong. … Gazardo felt qualified to answer the question, and he did.

Opinion Number

Louisiana Attorney General Reports · Apr 24, 2007

VIII , § 1 , which provides that "t]he legislature shall provide for the education of the people of the state and shall *Page 3 establish and maintain a public educational system." … A school outside of the United States is clearly not a public school for purposes of the above-cited regulation, since it is not created pursuant to Louisiana Constitution and laws.

Burandt v. Pendleton Memorial Methodist Hospital

123 So. 3d 236 · Louisiana Court of Appeal · Aug 7, 2013

The LMMA and its limitations on tort liability for a qualified health care provider apply only to claims “arising from medical malpractice;” all other tort liability on the part of the qualified health care provider is governed … Clearly no *245 expert medical evidence is required to determine that people who did not evacuate for the hurricane would suffer adverse consequences, such as lack of food, water, injury and possibly death.

Disedare v. Brumfield

District Court, E.D. Louisiana · Apr 8, 2024

establish either a manifest error of law or fact or must present newly discovered evidence[,] [which] cannot be used to raise arguments which could, and should, have been made before the judgment issued.”21 A motion for … and different kinds of immunity, immunity from suit and immunity from liability.” 42 A state may waive or “relinquish its immunity from suit while retaining its immunity from liability, or vice versa.”43 When a state

Cavalier v. Rivere's Trucking, Inc.

897 So. 2d 38 · Louisiana Court of Appeal · Sep 17, 2004

Such overwhelmingly expansive coverage was clearly not intended by the parties to the insurance contract." Adams , 32,728 at p. 7, 753 So.2d at 421 . … Clearly, this argument has no merit.

Madison v. Richardson

354 F. Supp. 383 · District Court, M.D. Louisiana · Feb 5, 1973

To de *385 termine whether an illegitimate individual qualifies as a “child” for the above actions, section 216(h)(3), 42 U.S.C. § 416 (h)(3) must be applied. … But here, just as in the ‘clearly erroneous’ review of a judge’s findings, when the fact-finder has failed to employ the proper legal standard in making its determination the finding may not stand.”

Succession of Schieffler v. Belair Trailer Sales, Inc.

242 So. 2d 285 · Louisiana Court of Appeal · Dec 7, 1970

Schieffler qualified as administra-trix of Mr. … This is clearly established by the buyer’s order signed by Mr. Schieffler and filed in evidence. This contradicts Mrs. Schieffler’s contention and destroys her basic premise.

Mundy v. Dept. of Health & Human Res.

620 So. 2d 811 · Supreme Court of Louisiana · Jun 30, 1993

compensation. [2] We granted certiorari and reversed, finding that the Department failed to prove that plaintiff was in the course and scope of her employment at the time of the incident and thus it was not entitled to tort immunity … The trial judge was clearly wrong in holding otherwise. The court of appeal correctly reversed the judgment of the trial judge. DECREE For the reasons assigned, the judgment of the court of appeal is affirmed.

Poissenot v. St. Bernard Parish Sheriff's Office

2009 La.App. 4 Cir. 0636 · Louisiana Court of Appeal · Nov 24, 2009

“In worker’s compensation cases, the appropriate standard of review to be applied by the appellate court to the OWC’s findings of fact is the ‘manifest error-clearly wrong’ standard.” MacFarlane v. Schneider Nat. … Poissenot could not: carry a gun; qualify with a weapon; go into cells; or provide backup to other deputies whenever the juveniles at the detention center got into altercations. Indeed, Corp.

Foster v. Manville Forest Products, Inc.

554 So. 2d 736 · Louisiana Court of Appeal · Dec 6, 1989

Plaintiff alleged that as a result of the work-related injury he was totally and permanently disabled from doing any work for which he was qualified and would never be able to regain employment as a laborer. … Plaintiff's testimony as to his job requirements as a double-back operator established that the job duties were rigorous.

Troy D. Magee (Deceased)/wallace Magee and Ciara Caston Filey v. City of New Orleans Fire Department

Louisiana Court of Appeal · May 6, 2025

The NOFD contends that to qualify under the Act, the claimant must prove that the underlying cause of the lung condition is itself a disease or infirmity of the lungs. … The medical evidence and testimony establish that Captain Magee’s primary causes of death, as listed in the discharge summary and death certificate, were all lung-related infirmities.

Temes v. Manitowoc Corp.

14 La.App. 5 Cir. 93 · Louisiana Court of Appeal · Dec 23, 2014

the finding is not clearly wrong or manifestly erroneous. … Manitowoc proffered exhibits and testimony from Charles Theriot, CPA, who was qualified as an expert in forensic accounting and evaluation- of lost profits. Mr.

Cooper v. City of New Orleans

780 So. 2d 1158 · Louisiana Court of Appeal · Feb 14, 2001

Conclusory allegations do not carry the plaintiff's burden to establish numerosity. Lewis v. Roemer, 94-0317 (La.App. 4 Cir. 9/29/94) , 643 So.2d 819, 822 . Mr. … As revealed by the purpose statement above, City Ordinance 18637 clearly qualifies as a "provision of the tax laws in relation to" the payment of any tax found due.

DOMINIO v. Folger Coffee Co.

2009 La.App. 4 Cir. 1278 · Louisiana Court of Appeal · Feb 10, 2010

Dominio’s statutory employer and thus immune from tort liability. This appeal followed. … Dominio was providing establishes that the trial court’s findings on these two factors can be reconciled.

Berry

District Court, M.D. Louisiana · Jun 29, 2026

immunity; importantly, the initial, unnecessary shove was sufficient to state a claim and survive an assertion of qualified immunity). … Though the Court cannot address qualified immunity on screening, the rationale of Aucoin likely forecloses the qualified immunity defense on a motion to dismiss.

Succession of Stallings

197 La. 449 · Supreme Court of Louisiana · Mar 31, 1941

Her testament, which consisted of an olographic will and several olographic codicils thereto, was admitted to probate and the executor appointed and qualified. … Thus, she clearly indicated that it was not her intention to revoke the previous provisions contained in her will and the codicils thereto.

Perdue v. Cruse

9 La.App. 3 Cir. 1446 · Louisiana Court of Appeal · Jun 2, 2010

There exists a passageway that was fixed by LaCroix and Mills and that is still clearly identifiable. … ANALYSIS The right of passage is a legal servitude established by law for the benefit of owners of enclosed estates.

Lloyd v. Shady Lake Nursing Home, Inc.

47 So. 3d 609 · Louisiana Court of Appeal · Aug 25, 2010

. | ^though decedent was injured in a clearly identifiable accident occurring within the course and scope of her employment, plaintiffs, the husband and children of decedent, filed a tort action for wrongful death. … Tort immunity for the employer does not apply when the employee’s injuries are the result of an intentional act. La. R.S. 23:1032(B).

State v. Wilson

2015 La.App. 1 Cir. 1794 · Louisiana Court of Appeal · Apr 26, 2017

Rather, appellate review is limited to determining whether facts established by direct evidence and inferred from the circumstances established by that evidence are sufficient for any rational trier of fact to conclude beyond … The state granted Britney Farrell immunity from prosecution and called her as a witness at trial.