Case law

Alfred Palma, Inc. v. Crane Services, Inc.

3 La.App. 3 Cir. 0614 · Louisiana Court of Appeal · Nov 5, 2003

The waiver was clearly articulated in the bill of sale and was made known to the buyer. … However, fraud need only be proven by a preponderance of the evidence and may be established by circumstantial evidence. LSA-C.C. art.1957.

Horil v. Scheinhorn

663 So. 2d 697 · Supreme Court of Louisiana · Nov 27, 1995

Noting that he had previously settled his claims with the original defendants who had been qualified health care providers, Horil now professed a right to proceed directly against the Fund. … Here, Horil clearly did not comply with that mandated procedure, and the subsequent amending petition failed to state a cause of action against the Fund.

FIA Card Services, N.A. v. Smith

27 So. 3d 1100 · Louisiana Court of Appeal · Dec 22, 2009

of it as is true and qualify or deny the remainder. … Unless that party establishes grounds for vacating, modifying or correcting the award, the arbitration award must be confirmed.

Marceaux v. State

97 La.App. 1 Cir. 0273 · Louisiana Court of Appeal · Sep 25, 1998

ANALYSIS The historical facts in this ease clearly establish that the supplemental pay provision for state police and officers of the DWF enforcement division was proposed, discussed, and passed as an exception to the uniform … By this amendment, a separate "state police service” was also established. .

Sunrise Shipping Agency, Inc. v. Universal Maritime Services, Ltd.

96 La.App. 4 Cir. 2703 · Louisiana Court of Appeal · Oct 1, 1997

We find the evidence contained in the record does not establish the requisites for specific jurisdiction. … Clearly, these contacts are insufficient to establish the minimum contacts necessary for Louisiana to exercise personal jurisdiction over Endeavor under a general jurisdiction analysis.

Yrle v. St. Tammany Fire Protection District 1

973 So. 2d 177 · Louisiana Court of Appeal · Dec 21, 2007

First, he insists that the evidence established that Unit 128 was not legitimately responding to an emergency at the time it struck him. … He was certainly qualified to testify regarding normal practices and procedures applicable to firefighters in general.

Langley v. Ryder

602 F. Supp. 335 · District Court, W.D. Louisiana · Mar 15, 1985

Bingo constitutes gambling under state criminal law but the licensing law grants immunity from prosecution to those who obtain a lawful license. See La.R.S. 33:4861.15(3). … The acquisition of the land by donation is clearly authorized by section 5 of the Indian Reorganization Act of 1934, 48 Stat. 985 , codified at 25 U.S.C. § 465 .

Osorio

District Court, E.D. Louisiana · Feb 5, 2026

“Sovereign immunity is jurisdictional in nature.” F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994). “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” Id. … The government submits that “[r]egardless of what specific words [p]laintiff uses to describe her allegations against Comeaux and Crescent Care, she is clearly alleging that they, and therefore the United States, by posting

Smith v. City of Gretna Police Department

175 F. Supp. 2d 870 · District Court, E.D. Louisiana · Apr 26, 2001

13 Analysis The Court finds it plausible that the reason why Defendant was actually pulled over was that he was a black man driving an expensive new car — the phenomenon known as “driving while black.” 14 However, well-established … Likewise, the Court’s determination that no violation of Plaintiff's constitutional rights occurred obviates any need to engage in an analysis of whether Officer Istre would be entitled to qualified immunity for his actions

Opinion Number

Louisiana Attorney General Reports · Dec 18, 1998

The fact that the Legislature found it necessary to amend the Public Bid Law in 1991 to authorize pre-qualification of bidders for historical restoration projects clearly indicates that pre-qualification for other types of … The Louisiana Contractor's Licensing Law establishes which contractors are eligible to do various types of public (and private) work.

Dempster v. Lamorak Insurance Company

District Court, E.D. Louisiana · Jan 28, 2020

Derivative Sovereign Immunity Avondale argues that Plaintiffs’ claims are barred by the derivative sovereign immunity defense established in Yearsley and its progeny.86 Avondale first argues … the government contractor immunity defense “provides immunity to contractors for conduct that complies with the specifications of a federal contract.”219 To establish a “colorable federal defense” using the government

Ricaud v. Holloway Sportswear, Inc.

98 La.App. 3 Cir. 1422 · Louisiana Court of Appeal · May 26, 1999

As we noted above, the “[j]urisprudence clearly establishes that in workers’ compensation cases, the appropriate standard of review to be applied by appellate courts is the ‘manifest error — clearly wrong’ standard.” … Hence, we must consider whether the trial judge was manifestly erroneous in finding Plaintiff qualified for TTD from the date of the accident through February 11, 1997.

Brossett v. State ex rel. Department of Transportation & Development

467 So. 2d 121 · Louisiana Court of Appeal · Apr 10, 1985

As we noted above, such findings of fact should be upheld unless they are clearly wrong, based on the record taken as a whole. The trial judge was not clearly wrong. … The residual impairment provision was first interjected into this case when DOTD, in its post trial memorandum, suggested that this was the only possible workers’ compensation provision under which plaintiff might qualify

Sheridan v. Garrison

273 F. Supp. 673 · District Court, E.D. Louisiana · Aug 28, 1967

For it is difficult for the witness to determine just how broad this immunity is. … In addition, they say that Section 2283 establishes only a rule of comity and judicial discretion which must yield when neces *686 sary to preserve constitutional rights.

Lewis v. Friedman

District Court, E.D. Louisiana · May 9, 2023

“Louisiana law provides an adequate remedy for both intentional and negligent deprivations of property.”81 The State Troopers aver that Plaintiff has not alleged that they “violated a clearly established constitutional … right or that their conduct was objectively unreasonable in light of clearly established law.”82 Rather, the State Troopers assert that they “were acting reasonably and within the scope of their discretionary duties.”83

Duncan v. Offshore Food Service, Inc.

633 So. 2d 350 · Louisiana Court of Appeal · Dec 29, 1993

The first issue for our consideration is whether the trial court erred in finding Duncan did not qualify as a seaman for purposes of the Jones Act. 46 U.S.C.App. § 688. … The record does not establish that Duncan performed a substantial part of his work on a vessel.

State v. Jackson

860 So. 2d 134 · Louisiana Court of Appeal · Oct 28, 2003

We also find that the record does not appear to establish that defendant made a showing of purposeful discrimination. … NOTES [1] The defendant in his brief argues that he as Acquired Immune Deficiency Syndrome (AIDS); however, defendant did not introduce any testimony or evidence as to the nature of his illness.

State v. Kelly

935 So. 2d 205 · Louisiana Court of Appeal · May 5, 2006

While defendant argues that such a relationship qualifies as an “intimate” relationship for purposes of the code article, we note that defendant failed to establish that there was a history of assaultive behavior between … Neither defendant nor the State cite any jurisprudence to support whether the relationship between cellmates can qualify as “intimate.”

Tommie M. Granger, M.D. v. Christus Health Central Louisiana D/B/A Christus St. Francis Cabrini Hospital

Louisiana Court of Appeal · Jul 20, 2012

That is to say, HCQIA does not confer absolute immunity to a peer review committee, but grants immunity only when the statutory requirements are met. … Clearly, there was a legal duty on the part of Dr.

Herster v. Board of Supervisors

221 F. Supp. 3d 791 · District Court, M.D. Louisiana · Nov 22, 2016

preserve Tenured Faculty Professor Kimberly Arp’s 24 notes taken during the facul *796 ty meetings concerning Herster’s renewal was unwarranted. 25 The Magistrate concluded that the evidence submitted by the parties failed to establish … The Court granted the Defendants’ motion as to the individual Defendants finding they were entitled to sovereign and qualified immunity, As for Plaintiffs’ remaining claims against LSU, the Court denied Plaintiffs' summary