Case law

Darden v. Vines

District Court, W.D. Louisiana · Sep 21, 2023

Specifically, they claim protection from suit under tribal sovereign immunity, Eleventh Amendment immunity, absolute prosecutorial immunity, and qualified immunity. Id. … of absolute immunity.

Cart v. Missouri Pacific RR Co.

752 So. 2d 241 · Louisiana Court of Appeal · Dec 8, 1999

The timetable speed established by the railroad was excessive at the accident location; and 3. The railroad mis-classified the track at the accident location. … They argue that, while officially classified as class four, the track is not actually in a condition to qualify for that classification.

Gates v. Hanover Insurance Company

218 So. 2d 648 · Louisiana Court of Appeal · Feb 3, 1969

Sheriff Rowley filed an exception to the court's jurisdiction based on his immunity from suit, and an exception of no right or cause of action directed to the plaintiff's petition and to the third party petition. … In denying recovery the Court applied the established principle in our jurisprudence, and said: "In discussing this point it must be borne in mind that no liability attaches to the defendant sheriff under the doctrine of

Simon v. American Crescent Elevator Co.

767 So. 2d 64 · Louisiana Court of Appeal · Apr 26, 2000

The trial court reapportioned Schindler's fault to Ridge Tool and American Crescent because Schindler was statutorily *68 immune from suit under the Louisiana Workers' Compensation. … finding is clearly wrong (manifestly erroneous).

Cangelosi v. Edwards

District Court, E.D. Louisiana · Nov 3, 2020

nose and mouth when inside a commercial establishment or any other building or space open to the public, whether indoor or outdoor.” (Rec. Doc. 17-2, Exhibit 1 at 3 § 4(A)). … In order to satisfy this burden at the pleading stage the plaintiff must clearly allege facts to satisfy each element of Article III standing. Id. (quoting Warth, 422 U.S. at 518).

Doland v. ACM Gaming Co.

921 So. 2d 196 · Louisiana Court of Appeal · Mar 1, 2006

The owners of such qualifying entities are taxed as sole proprietors or partnerships and are personally liable for the losses and debts of such a corporation; the Chapter S corporation is not taxed. … Therefore, as the supreme court in Ashton has stated, the principle of reconduction "has no application whatever when either party has clearly announced his intention not to renew the lease ...."

Burnett v. East Baton Rouge Parish School Board

2011 La.App. 1 Cir. 1851 · Louisiana Court of Appeal · May 3, 2012

An employee claiming discrimination or retaliation has the initial burden of proof and must establish a prima facie case under the burden-shifting framework established in McDonnell Douglas Corp. v. … To establish a prima facie case of discrimination, an employee must establish by a preponderance of the evidence that: (1) he was a member of a | ^protected *60 class such as a racial minority; (2) he was qualified for the

Salim v. Louisiana State Board of Education

289 So. 2d 554 · Louisiana Court of Appeal · Apr 19, 1974

We think the actions of the defendant Board show clearly that the Board intended to accept and to ratify the contract which had been entered into by plaintiff and the officers of the State Board of Education. … Since the sequestration did not interfere with defendants' use or possession of the leased premises, it is unnecessary for us to consider the question of whether defendants' property was immune from seizure.

Goins v. Galion Mfg. Co.

626 So. 2d 1200 · Louisiana Court of Appeal · Oct 20, 1993

The manufacturer's additional duty to "anticipate alteration and modification of the product resulting from wear and tear" is qualified by reasonableness and foreseeability. … ANALYSIS Carefully reviewing the record in its entirety, we must conclude the jury's assessment of fault against the manufacturer based on the facts established in this case was "clearly wrong."

Darvin Castro-Santos v. State of Louisiana

Louisiana Court of Appeal · Dec 19, 2025

As the Louisiana Supreme Court has stated, “[A] court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of ‘manifest error’ or unless it is ‘clearly wrong,’ and where … Brooks was qualified to testify only on line-up identification procedures and not on conditions that can give rise to mistaken eyewitness identifications.

Dean v. Ramos Corp.

781 So. 2d 796 · Louisiana Court of Appeal · Feb 28, 2001

Thus, "if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden at trial there is no genuine issue of fact." Id. … This figure of course serves as no more than a guideline established by years of experience, and departure from it will certainly be justified in appropriate cases.

In re Med. Review Complaint By Daron Downing

272 So. 3d 55 · Louisiana Court of Appeal · May 8, 2019

as to some qualified defendants. … Therefore, joint liability has clearly been alleged. This triggers the suspension of the running of prescription against all joint obligors, as set forth in LSA-R.S. 40:1299.39.1(A)(2)(a).

Meredith v. Ieyoub

700 So. 2d 478 · Supreme Court of Louisiana · Sep 9, 1997

The primary purpose of Section 2205 was to establish the Hazardous Waste Site Cleanup Fund. … Since the Legislature clearly intended by Section 2205 A(1) to establish the Hazardous Waste Site Cleanup Fund and to dedicate part of the state's recovery from settlements or judgments in claims against environmental offenders

In re Med. Review Complaint By Daron Downing

272 So. 3d 55 · Louisiana Court of Appeal · May 8, 2019

as to some qualified defendants. … Therefore, joint liability has clearly been alleged. This triggers the suspension of the running of prescription against all joint obligors, as set forth in LSA-R.S. 40:1299.39.1(A)(2)(a).

Thibodeaux v. Thibodeaux

93 La.App. 3 Cir. 1445 · Louisiana Court of Appeal · Jun 1, 1994

Vanguard documents entered into evidence establish |4the value of the retirement plan on the date of marriage as $73,457.12. … Clearly, some of the growth in value during the community is also attributable to investment returns earned on the $73,457.12 pre-community value of the plan.

MTU of North America, Inc. v. Raven Marine, Inc.

475 So. 2d 1063 · Supreme Court of Louisiana · Sep 10, 1985

There must be a particular and specific demonstration of fact, as distinguished from stereotyped and conclusory statements, in order to establish good cause. … Dinger, a party to the lawsuit, not qualified as an expert, should be compelled to give his opinion or conclusion as to what corporate action he would have advised regarding a special warranty provision; however, counsel

State v. Benoit

570 So. 2d 490 · Louisiana Court of Appeal · Nov 14, 1990

established chain of evidence with regard to the delivery and handling of the blood kit used and, 3) The State’s failure to establish and/or adhere to reasonable, promulgated procedures with regard to blood analysis and/ … Although providing for maintenance, repair and inspection, the regulations do not sufficiently safeguard the accuracy of the gas chromatograph by specifying what may be performed by the analyst and what must be performed by a qualified

Spears v. Brown Paper Mill Co.

9 So. 2d 332 · Louisiana Court of Appeal · Apr 30, 1942

Smith in August, 1939, showed evidence of tuberculosis in both lungs but not as clearly as his own picture, from which he deduces that the disease is active. … The text writers say that it often happens that highly qualified and experienced physicians mistake the one for the other and this too, after every known test has been resorted to.

Inzinna v. Walcott

868 So. 2d 721 · Louisiana Court of Appeal · Nov 21, 2003

To reverse a factual determination, the appellate court must find that a reasonable factual basis for the finding of the trial court does not exist in the record and that the record establishes that the finding is clearly … Otherwise, the supreme court stated that absent a qualifying privilege, any provocative or aggressive conduct on the part of the plaintiff should be incorporated into the allocation of fault by the trier of fact.

Baricuatro v. Industrial Personnel & Management Services, Inc.

927 F. Supp. 2d 348 · District Court, E.D. Louisiana · Feb 27, 2013

Clearly, they are not. … It is not clear that even Lamoste and Real qualify as “seafarers.”