Case law

Milbert v. Answering Bureau, Inc.

120 So. 3d 678 · Supreme Court of Louisiana · Jun 28, 2013

and who have not qualified under the MMA. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person’s identify is not known or reasonably ascertainable.”

Moak v. Illinois Cent. R. Co.

631 So. 2d 401 · Supreme Court of Louisiana · Jan 14, 1994

(emphasis added) On the other hand, "a writing" may be immune from discovery under La.Code Civ. … Thus, even if Article 1424's qualified immunity for trial preparation writings were to be applicable to tangible things such as film, it is worth noting that the absolute protection traditionally afforded attorney work product

Kuebel v. Department of Wildlife & Fisheries

2008 La.App. 4 Cir. 1018 · Louisiana Court of Appeal · Apr 15, 2009

NICTD conceded that the ITCA provided qualified consent for suits against the state. Id. at 540 . … Lyles, 797 So.2d 432, 438 (Ala.2001)(holding that the state of Alabama was immune from suit for FELA claims and that the state constitution definitively established that sovereign immunity was not waived). 12 .

Courville v. City of Lake Charles

720 So. 2d 789 · Louisiana Court of Appeal · Oct 28, 1998

It is only then that this court should address the issue of qualified immunity. See id. As we appreciate his argument, Mr. … Courville regarding qualified immunity are moot, and we will not address those issues.

State v. Dominguez

228 La. 284 · Supreme Court of Louisiana · May 23, 1955

Relator’s contention that the return of the fine to him, with the cancellation of the receipt, rendered said payment as constituting a nonpayment in law, therefore void ab initio, is clearly unavailing to him. … . *301 United States, 1951, 340 U.S. 367 , 71 S.Ct. 438 [ 95 L.Ed. 344 ], and to require him to answer if ‘it clearly appears to the court that he is mistaken.’ Temple v. Commonwealth, 1881, 75 Va. 892, 899 .

Wallace v. Calogero

286 F. Supp. 2d 748 · District Court, E.D. Louisiana · Sep 17, 2003

Absolute Immunity Defendants assert that they are absolutely immune from the instant suit based on the doctrines of judicial and legislative immunity. … Judicial Immunity Defendants claim that they are absolutely immune from suit pursuant to the doctrine of judicial immunity. 15 Judicial immunity applies, according to Defendants, because actions taken in regulating lawyers

Delone v. Odom

561 So. 2d 1015 · Louisiana Court of Appeal · May 16, 1990

La.R.S. 23:1032 establishes worker’s compensation as an employee’s exclusive remedy against his or her employer for on-the-job injuries unless those injuries resulted from an intentional act. … We conclude that since the first paragraph of La.R.S. 23:1032 provides clearly a rule of general tort immunity under which liability for all nonintentional acts falls within the purview of the compensation act, the second

Plaisance v. Allstate Insurance Co.

8 La.App. 3 Cir. 566 · Louisiana Court of Appeal · Nov 5, 2008

Under Louisiana jurisprudence, damages for lost wages may be established by any proof which reasonably establishes the claim, including the plaintiffs own reasonable testimony. … While claims for past lost wages must be established with some degree of certainty, they need not be proven with mathematical certainty, but only by such proof as reasonably establishes the plaintiffs claim.

Ratcliff v. Town of Mandeville

491 So. 2d 436 · Louisiana Court of Appeal · Oct 10, 1986

Clearly a boat dock or launch would come under the definition of a structure. … [LSA-R.S.] 9:2795 is not designed to re-establish immunity on the basis of a sovereign status.

Edwards v. Bardwell

632 F. Supp. 584 · District Court, M.D. Louisiana · Apr 10, 1986

Bardwell’s motion pleads the alleged immunity, absolute or alternatively qualified, of the United States Attorney and also argues that the undisputed facts establish that he is entitled to judgment in his favor. … Doe, who has no immunity, absolute or qualified, has moved for summary judgment based upon his contention that the undisputed facts demonstrate no violation of 18 U.S.C. § 2511 .

Thomas v. Louisiana Casino Cruises, Inc.

2003 La.App. 1 Cir. 1937 · Louisiana Court of Appeal · Jun 25, 2004

To defeat a motion for summary judgment against an employment disability claim, the claimant must establish a prima facie case that: (1) he has a disability, as defined by the statute, (2) he is qualified for the job, and … Thomas failed to establish that (1) working outdoors as a casino security guard in 1997 qualified as a separate major life activity or (2) his physical impairment substantially limited his ability to work in general.

Herrin v. Perry

254 La. 933 · Supreme Court of Louisiana · Dec 19, 1969

We find that the accident occurred in Willie Herrin’s lane of traffic. “ * * * the driver of an automobile involved in a collision in the wrong lane of traffic is presumed to have been negligent and bears the burden of establish … “No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic

Rose

District Court, W.D. Louisiana · Jun 23, 2026

Rose argues that qualified immunity should not apply to Spoon’s individual capacity claims as Spoon violated Rose’s right to be free from unreasonable seizures and excessive force, and such rights were clearly established … a right which was clearly established.

Foret v. Terrebone, Ltd.

621 So. 2d 855 · Louisiana Court of Appeal · Jun 29, 1993

He was recognized by the trial court has having previously qualified as an expert in safety design and mechanical engineering and was tendered and accepted as such. … The record as reviewed above establishes that the plaintiff here has clearly complied with that requirement and the judgment appealed from will, therefore, be affirmed. AFFIRMED.

Md v. State, Dept. of Social Services

943 So. 2d 471 · Louisiana Court of Appeal · Sep 1, 2006

STATUTORY IMMUNITY In Todd v. … Thus, although OCS and its employees may be entitled to the qualified immunity set forth in La. Ch. C. arts. 611 and 612 and La. R.S. 9:2798.1, there is no such immunity if gross negligence is alleged and proven.

Stoll v. Stich

14 La.App. 5 Cir. 261 · Louisiana Court of Appeal · Dec 16, 2014

Stoll’s petition includes allegations of all five of the essential elements of a defamation action, and he has thus clearly stated a cause of action for defamation. … Witness immunity, in general, is also an absolute privilege because the privilege protects the witness from civil suit regardless of malice or falsity. Marrogi v. Howard, 01-1106 (La.1/15/02), 805 So.2d 1118, 1125 .

Bell v. Farmer's Ins. Group

635 So. 2d 1305 · Louisiana Court of Appeal · Apr 14, 1994

This is consistent with the deposition of William Hartman. [3] It is also an established fact that Bell and Dockery's route to Vicksburg via New Orleans was approved by LLNL and, actually resulted in a cost benefit to their … Clearly, omnibus coverage is not provided to the owner of a hired automobile, i.e. in this case, National Car Rental.

Otero v. Ewing

162 La. 453 · Supreme Court of Louisiana · Nov 2, 1926

not exist, the defendants went outside and beyond the domain of legitimate criticism and committed a very grievous libel on the plaintiff for which they should be held liable, unless, on a final trial, the defendants can establish … “And therefore the law does not justify, under the guise of qualified privilege, a false defamatory statement of specific acts of misconduct concerning a candidate for office.

Cheatham v. Cox

642 So. 2d 323 · Louisiana Court of Appeal · Aug 30, 1994

As the trial court noted in reason’s for judgment, Cheatham’s petition affirmatively establishes Dr. Cox’s immunity from suit. In Charia v. … Clearly then, appointed psychologists are nonjudicial persons fulfilling quasi-judicial functions and are classified as officers of the court with functions intimately related to the judicial process.

Syzygy Construction, LLC v. McKey

2014 La.App. 4 Cir. 745 · Louisiana Court of Appeal · Dec 10, 2014

Clearly, McKey presents nothing to dispute the fact that Mason had experience with SIP construction and that Syzygy was licensed to construct her home. … When the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See James S. Holliday, Jr., & H.