Case law

Eaton v. Woodlawn Manor Inc

District Court, W.D. Louisiana · Oct 5, 2021

“[T]he PREP Act is, at its core, an immunity statute; it does not create rights, duties, or obligations.” Dupervil, 516 F.Supp.3d at 251. … Here, weighing these factors clearly indicates that the Court should decline to exercise supplemental jurisdiction.

State v. Brown

618 So. 2d 629 · Louisiana Court of Appeal · May 5, 1993

Clearly, the homemade knife constituted a dangerous weapon. All of the elements of armed robbery were present. … The admission of this hearsay was clearly harmless and resulted in no prejudice.

Hassen v. Professional Investors Life Insurance Co.

503 So. 2d 1030 · Louisiana Court of Appeal · Feb 25, 1987

Nothing in the record indicates that the insurer made any attempt to qualify, withdraw or negate its admission. … The admitted fact that the policy had not been cancelled as of May 14, 1985, must be deemed conclusively established. CCP Art. 1468.

Hall v. Hy-Tech Roofing Services, Inc.

99 La.App. 5 Cir. 436 · Louisiana Court of Appeal · Nov 10, 1999

Subsequently, defendants filed a motion for summary judgment on the ground that the above cited law provides tort immunity from plaintiffs’ claims. … The clear aim of the legislature was to use the, well-established division between intentional torts and negligence in common law.

Stonetrust Commercial Insurance Company v. TBT Contracting, Inc. of LA

Louisiana Court of Appeal · Jun 20, 2023

Thompson' s affidavit, establish that it was the statutory employer of Mr. Andras under the two -contract theory and is thus statutorily immune from tort liability. … These undisputed facts clearly show that TBT was the statutory employer of Mr. Andrus. See La. 23: 1061( A)( 1)( 2); Allen v. State ex rel. Ernest N.

Armstead v. Schwegmann Giant Super Markets, Inc.

618 So. 2d 1140 · Louisiana Court of Appeal · Apr 28, 1993

The only argument advanced to the trial court in support of defendant's motion for summary judgment was that the tort immunity exception of the Worker's Compensation Act precluded the plaintiff from maintaining this action … (Emphasis added) In my opinion this allegation clearly raises the question of whether plaintiff's injury resulted from the type of "intentional act" envisioned by La.R.S. 23:1032.

Louviere v. Louviere

839 So. 2d 57 · Louisiana Court of Appeal · Jun 5, 2002

We find no negligence by the Thibodaux defendants, as the evidence fails to establish that TPSO would have declined to hire Mr. Louviere if provided the alleged withheld documents. … The record clearly shows that Mr. Louviere received favorable job performance reviews while with the Thibodaux Police Department.

Benoit v. Town of Vinton

99 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Nov 10, 1999

The court in Pa-lacios, | zsupra stated the information sought by plaintiff clearly qualifies as reports, surveys, schedules, lists or data that has been compiled or collected. … for the privilege established by the portion of section 409 that is at issue in this case.

Dianne Bates v. Robert C. King

Louisiana Court of Appeal · Nov 2, 2005

Unlike the defendants in Cormier and Burton, the Kings have established themselves as restauranteurs. … On the record before us, we find that the Kings have clearly demonstrated that they were engaged in the normal course and scope of their employment with Pitt Grill at the time of Ms.

Chauvin v. Jefferson Parish School Board

534 So. 2d 1359 · Louisiana Court of Appeal · Nov 16, 1988

In order to have immunity from tort suit on its alternative grounds, Catholic Charities must prove that it is a principal. … The evidence that Chauvin was given special two-year training by the school board tends to establish the contrary.

Williams v. Nelson

263 So. 3d 466 · Louisiana Court of Appeal · Dec 19, 2018

The inspector recommended an evaluation by a qualified licensed contractor. … Clearly, the letter does not state the Trustees had no knowledge regarding the condition of the property, but rather they had no knowledge of the defects plaintiffs claimed to uncover during their renovation project.

Matherne v. Barnum

2011 La.App. 1 Cir. 0827 · Louisiana Court of Appeal · Mar 19, 2012

Similarly, the issue of whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pennington Const., Inc. v. … A trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal |nin the absence of manifest error. Burdette v.

In Re Mastercard International Inc., Internet Gambling Litigation

132 F. Supp. 2d 468 · District Court, E.D. Louisiana · Feb 23, 2001

Logically, then, a violation of the civil statutes cited by plaintiff are not “chargeable under state law and punishable by imprisonment of more than one year”, and thus do not qualify as a predicate act to establish a pattern … This clearly established principle cannot be circumvented by attempting to characterize a routine contractual relationship for services as an independent enterprise. Jubelirer at 1053 .

L.E.P.S. v. R.G.P.

11 So. 3d 633 · Louisiana Court of Appeal · Jun 3, 2009

L.E.P.S., a school teacher, is clearly the more qualified parent in this regard. … In this case, the appointment of R.P. as “supervisor” does not qualify as the silver lining to an otherwise dark cloud.

Boyd v. WASHINGTON-ST. TAMMANY ELEC. CO-OP.

618 So. 2d 982 · Louisiana Court of Appeal · Apr 23, 1993

Danny Caples, an electrical engineer and an employee of the defendant, was qualified as an expert. … We cannot say that the trial court's findings were clearly wrong or manifestly erroneous.

Clay v. City of Jeanerette

768 So. 2d 609 · Louisiana Court of Appeal · May 31, 2000

Clay appeared to be qualified for various types of jobs in many industries, but several of those industries would not be located in his geographic area, and therefore, actual job availability would be severely limited. … the finding is clearly wrong or manifestly erroneous.

Marenghi v. Louisiana Medical Mutual Insurance Co.

62 So. 3d 847 · Louisiana Court of Appeal · Apr 13, 2011

Even if the affidavit submitted by plaintiff was sufficient to establish a breach of the standard of care, plaintiff has not offered any evidence to establish that the purported breach caused or contributed to the decedent … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review[.]

Gibson v. Jefferson Parish Hosp. Serv. Dist. No 2

275 So. 3d 482 · Louisiana Court of Appeal · Jun 27, 2019

Although no document submitted with Ochsner's writ application established the date of Mrs. Gibson's death, it appears the parties do not dispute that she died on December 6, 2013. … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review."

Gibson v. Jefferson Parish Hosp. Serv. Dist. No 2

275 So. 3d 482 · Louisiana Court of Appeal · Jun 27, 2019

Although no document submitted with Ochsner's writ application established the date of Mrs. Gibson's death, it appears the parties do not dispute that she died on December 6, 2013. … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review."

Normann v. Burnham's Van Service

73 So. 2d 640 · Louisiana Court of Appeal · Jun 30, 1954

The combined weight of the articles appears to be 48 pounds, thus establishing appellant's maximum indebtedness at the sum of $14.40. … Clearly, the Secretary of State is not made the general agent of the nonresident for service of process in other kinds or classes of claims.