Case law

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.

Moyers

District Court, E.D. Louisiana · Mar 31, 2026

by establishing a genuine issue of fact as to whether the official’s allegedly wrongful conduct violated clearly established law.43 Qualified immunity “gives government officials breathing room … qualified immunity analysis—whether the right was clearly established.76 Nonetheless, to provide a complete analysis of the qualified immunity issues presented in this action, the Court will assume for the sake

Citron v. Gentilly Carnival Club, Inc.

2014 La.App. 4 Cir. 1096 · Louisiana Court of Appeal · Apr 15, 2015

As the movant, the Endymion Krewe had the initial burden of providing evidence to establish its right to immunity under the statute. … Kelly was not qualified as an expert in beads. .

Thomas

District Court, W.D. Louisiana · Mar 3, 2026

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In his Opposition, Thomas argues that the Defendants are not entitled to qualified immunity because their conduct was unlawful under clearly established laws. Doc. 47, p. 4.

Barnhill v. American Well Service & Salvage

432 So. 2d 917 · Louisiana Court of Appeal · May 2, 1983

The contract required Dravo to provide: "[A]ll necessary qualified personnel and services to perform preventative and remedial maintenance on DOE-owned facilities and equipment.... … failed to meet their burden of showing that the work being done by Barnhill and Williams, at the time of their accident, was within the scope of Dravo's and Texas Brine's respective trades, businesses or occupations so as to establish

Orillion v. Alton Ochsner Medical Foundation

96 La.App. 5 Cir. 494 · Louisiana Court of Appeal · Nov 26, 1996

Both defendants claim they were immune from tort liability on the basis that they were statutory employers. … Furthermore this section establishes that employers, including principals as defined by the statute, are immune form tort liability to their employees. Keller v.

Jones v. Crow

633 So. 2d 247 · Louisiana Court of Appeal · Nov 24, 1993

The burden is on a defendant to prove immunity from suit as a qualified health care provider under the Act. Goins v. Texas State Optical, Inc., 463 So.2d 743, 744 (La.App. 4th Cir. 1985). … By its clear language, Subsection E describes the exclusive methods by which the health care provider's financial responsibility may be established. Abate v. Healthcare International, Inc., 560 So.2d at 817 .

Mitchell v. Exxon Corp.

907 F. Supp. 198 · District Court, M.D. Louisiana · Dec 13, 1995

The panel contains an electronic switch that activates the valve which controls the flow or feed to the drum pair. (11) The switch panel is clearly labeled to identify the drum pair to which it pertains. (12) The plaintiff … Needless to say, this court would not allow that "expert witness” to qualify or to testify. 3 . Babin v.

Lewis v. Modular Quarters

508 So. 2d 975 · Louisiana Court of Appeal · Jun 8, 1987

That evidence also establishes that Unifab was engaged in the work of sandblasting and painting at the time of plaintiff's accident and injury. … In such a case, Unifab clearly is not immune from a suit in tort by plaintiff under the provisions of the LHWCA.

Walker v. State Farm Mut. Auto. Ins. Co.

765 So. 2d 1224 · Louisiana Court of Appeal · Aug 25, 2000

The parent-child immunity Statute was enacted in 1960 as a revision of the similar immunity provided by former Article 104 of the Code of Practice of 1870. … Stated from the viewpoint of the parent, it is a privilege, but only a qualified one."

Zeigler v. Housing Authority of New Orleans

2012 La.App. 4 Cir. 1168 · Louisiana Court of Appeal · Apr 24, 2013

MFR’s Federal Official Immunity Claim Next, we will address MFR’s claim of federal official immunity. … It acknowledged that the [federal immunity argument] was “too attenuated to establish federal jurisdiction.”

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.

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 .

Smith v. Southern Farm Bureau Casualty Ins. Co.

247 La. 695 · Supreme Court of Louisiana · Mar 29, 1965

Defendant insurer recognizes the husband's immunity from suit by the wife, but asserts that this immunity has no relevancy to its demand for contribution. … By this article the law has established rights and provided for their enforcement between solidary codebtors.

Chamberlain v. State, Through DOTD

624 So. 2d 874 · Supreme Court of Louisiana · Sep 3, 1993

We note that this part of Section 10(C), authorizing the legislature to establish procedural rules, does not authorize the establishment of the statutory ceiling on general damages imposed by LSA-R.S. 13:5106(B)(1). … In prohibiting immunity from liability as well as from suit, the framers clearly intended that the state not be afforded substantive defenses, unavailable to private litigants, based simply on its governmental status.

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 .

Opinion Number

Louisiana Attorney General Reports · Jan 17, 1996

may any qualified elector cast a vote in these elections? … Unless the fundamental rights or privileges and immunities of a person are involved, a strong presumption exists that the legislature in adopting legislation has acted within its constitutional authority.

Magnolia Island Plantation L L C v. Lucky Family L L C

District Court, W.D. Louisiana · Nov 25, 2024

In exercising its discretion, the Court will first examine the second prong of the qualified immunity analysis to determine whether the right was clearly established at the time of the violation. … This statement is incorrect, as case law requires a plaintiff to satisfy the clearly established prong for qualified immunity purposes.

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.

Oliver v. MAGNOLIA CLINIC

9 La.App. 3 Cir. 439 · Louisiana Court of Appeal · Aug 31, 2011

Additionally, in some cases, “a Plaintiffs right to recover damages at all is barred by legislative grants of immunity from suit.” See La. R.S. 9:2795. … This burden, as was clearly set forth in Sibley, rests with the State.