Case law

In Re Fema Trailer Formaldehyde Products Liability Litigation

719 F. Supp. 2d 677 · District Court, E.D. Louisiana · Jun 23, 2010

The Court agrees that as the Mississippi legislature chose to qualify the immunity of state actors engaged in emergency management activities, it easily could have similarly qualified the immunity of private persons in Miss … This Court agrees that even if the Government had established a pattern or practice of providing emergency shelter to certain qualified individuals, this does not make its decision to initially provide shelter any less voluntary

Home Gas & Fuel Co. v. Mississippi Tank Co.

143 So. 2d 641 · Louisiana Court of Appeal · Jun 13, 1962

It did state that the activity must be `of sufficient substance and of such scope and variety as would lead a court of last resort to conclude that immunization of the foreign corporation against the power of our forum would … It is further conceded that the evidence establishes that the tank involved in this particular suit was ordered by phone from Louisiana.

Falkowski v. Maurus

637 So. 2d 522 · Louisiana Court of Appeal · Sep 9, 1993

The court then considered the statutory immunity granted by LSA-R.S. 40:1235, which grants immunity from civil liability to emergency medical technicians, parish governing authorities and their insurers, among others, for … A court of appeal may not set aside finding of fact by the lower court in the absence of manifest error or unless it is clearly wrong.

Howard v. Ferrand

District Court, E.D. Louisiana · Jan 20, 2023

The qualified-immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, “unless their conduct violates clearly established statutory … Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v.

Rand v. City of New Orleans

2012 La.App. 4 Cir. 0348 · Louisiana Court of Appeal · Dec 13, 2012

Then, section 154-1702(d) clearly demonstrates that the hearing officer is also the- adjudicator of the hearings because he assesses liability. … A hearing examiner may be selected from a list of qualified candidates who have satisfied the standards to be established by a duly constituted committee of parish attorneys.

Simmons v. State, Department of Children & Family Services

2015 La.App. 4 Cir. 0034 · Louisiana Court of Appeal · Jun 24, 2015

The Louisiana Legislature provided only ' limited immunity from liability to the coroner’s office. … Clearly, the death of a child shortly after admission to the hospital required a coroner investigation and, therefore, issuance of a death certificate by the coroner.

Chaney v. National RR Passenger Corp.

583 So. 2d 926 · Louisiana Court of Appeal · Jun 27, 1991

Given these unresolved and clearly disputed factual questions, the trial court was clearly wrong to grant the City's motion for summary judgment. … hereafter erected by a political subdivision of this state fails to conform to the manual or specifications, payment of any funds allocated to that political subdivision shall be withheld by the department until the standards established

Ginn v. Woman's Hospital Foundation, Inc.

818 So. 2d 983 · Louisiana Court of Appeal · May 10, 2002

The Board is clearly an interested party entitled to intervene and appeal under the intervention statutes, and, in fact, has the duty to defend the Fund under La. R.S. 40:1299.44(A)(5)(b), La. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Dunn , 96-1765 at p. 6, 701 So.2d at 699 .

Kristy Smith v. Jefferson Parish, et al.

District Court, E.D. Louisiana · Sep 2, 2026

established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”) … qualified immunity.”¢ II.

Two O'Clock Bayou Land Co. v. State

415 So. 2d 990 · Louisiana Court of Appeal · May 26, 1982

Prior to the adoption of our 1974 constitution an action to establish title or ownership to real rights claimed by the state could only be brought after obtaining authorization of the state. Daigle v. … The clearly expressed intent was to adopt the doctrine of sovereign immunity as part of our basic law, and to waive that immunity in the field of contracts and torts as exceptions to the general rule. " [Emphasis added.]

Socorro v. City of New Orleans

579 So. 2d 931 · Supreme Court of Louisiana · Jun 13, 1991

The recreational immunity statutes therefore do not afford immunity to the City. 2. … That statute grants governmental units qualified immunity from liability "based upon the exercise or performance or the failure to exercise or perform their policy-making or discretionary acts." LSA-R.S. 9:2798.1(B).

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Dec 20, 2024

There are two prongs of the qualified immunity inquiry: whether a constitutional right was violated, and whether that right was “‘clearly established at the time of the challenged conduct.’” … Supreme Court has made plain that discovery is limited to the “threshold immunity question” of “the currently applicable law [and] whether that law was clearly established at the time the challenged action occurred[.]

Mercer v. Lowe

217 So. 3d 1235 · Louisiana Court of Appeal · Apr 5, 2017

exists; or (2) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct. | fiThus, although BPSO and its employees may be entitled to the qualified … immunity set forth in La.

Taylor v. Sauls

772 So. 2d 686 · Louisiana Court of Appeal · Sep 6, 2000

Defendants assert that he was not qualified to testify regarding the standard of care in DeRidder, Louisiana. … Hearn's testimony was clearly material.

Anderson v. Orleans Parish School Board

340 F. Supp. 2d 716 · District Court, E.D. Louisiana · Aug 3, 2004

This clause clearly derogates from laws enacted for the protection of the public interest. … This is as it should be so that the superintendent is not immune from oversight and supervision.

Fullilove v. US Casualty Company of New York

129 So. 2d 816 · Louisiana Court of Appeal · Apr 12, 1961

This act was adopted after final judgment had been rendered in the lower court; but, the case having been as fully tried below as if plaintiff had had authority to stand in judgment, and she being the appellant, and now qualified … This choice of words clearly indicates the purpose to require new suits in only those cases where the judgments of dismissal were not subject to correction, and had attained the status of res judicata.

Sharp v. Lucky

148 F. Supp. 8 · District Court, W.D. Louisiana · Jan 30, 1957

is important, we think, in analyzing plaintiff’s charges against defendant, to take note of what facts he does not allege in his complaint, as well as what he affirmatively avers; i. e., absence of jurisdiction will more clearly … In that case the plaintiff was a woman who, otherwise fully qualified, had been denied a license to practice law by the Supreme Court of Illinois.

Dantin

District Court, W.D. Louisiana · May 12, 2026

Because it is plaintiff’s burden to establish that the challenged conduct violated clearly established law, the district court may, but is not obliged to, undertake the clearly established law analysis on its own. … a qualified immunity defense with equal specificity.”

Jones v. Insurance Company of North America

303 So. 2d 902 · Louisiana Court of Appeal · Feb 7, 1975

Although an attempt was made to establish Mortuary's ownership of the pickup truck allegedly involved in the accident, the record clearly preponderates in favor of the conclusion that the truck was owned by Davis individually … However, under the circumstances, Davis may not invoke the rule that he is immune from tort liability herein.

Rainey v. Entergy Gulf States, Inc.

993 So. 2d 735 · Louisiana Court of Appeal · Aug 15, 2008

R.S. 23:1032. [1] Because Entergy seeks to avail itself of tort immunity under La. R.S. 23:1032, Entergy bears the burden of proving entitlement to the immunity. Weber v. … Because an Entergy representative did not physically sign the addendum at issue, plaintiffs urge that Entergy did not meet the statutory requirements to qualify as Rainey's statutory employer.