Case law

Binkley v. Landry

2000 La.App. 1 Cir. 1710 · Louisiana Court of Appeal · Sep 28, 2001

immunity provided to public entities in Louisiana Revised Statute 9:2798.1. … Act No. 1264 of 1999 clearly added an additional exception to the grant of immunity for loss or damage sustained in a Mardi Gras parade.

City of Shreveport v. Schultz

154 La. 899 · Supreme Court of Louisiana · Dec 3, 1923

In comparison with furniture stores, dry goods stores, and clothing stores, and perhaps many other establishments, it is difficult to imagine why a junk dealer’s establishment should be proscribed as an extraordinary danger … Immunity granted to a class, however limited, having the effect to deprive another class, however limited, of a personal or- property right, is just as clearly a denial of equal protection of the laws to the latter class

Sewell v. Doctors Hosp.

600 So. 2d 577 · Supreme Court of Louisiana · May 26, 1992

The Legislature originally defined malpractice principally as any unintentional tort based on health care or professional services which were rendered or should have been rendered by a health care provider to a patient, clearly … La.Civ.Code art. 2322.1, purporting to provide immunity to health care providers from certain strict liability, was added in 1981. [6] Thus, a health care provider's liability may arguably be included under the Act when a

Kuhnert v. Fontenot

926 F. Supp. 79 · District Court, M.D. Louisiana · Mar 4, 1996

That motion alleges multiple grounds for dismissal, though the supporting memorandum only discusses the qualified immunity issue. The plaintiff timely opposed the motion. … immunity issue.

O'QUINN v. Power House Services, Inc.

633 So. 2d 707 · Louisiana Court of Appeal · Dec 29, 1993

The evidence presented in support of the motion for summary judgment as to the character of this property establishes only that the property may encompass approximately 500 acres. … Because there remains a material issue of fact as to whether the nature of this property qualifies it for immunity under the recreational use statutes, summary judgment is not appropriate.

Victoria W. v. Larpenter

205 F. Supp. 2d 580 · District Court, E.D. Louisiana · May 21, 2002

Judge Porteous concluded that Plaintiffs right to a non-therapeutic abortion while incarcerated was not clearly established under either the Fourteenth or Eighth Amendments thereby entitling defendants to qualified immunity … However, Judge Porteous did note that the fact that a right is not clearly established for purposes of the qualified immunity analysis does not preclude a finding that the conduct at issue was in fact unconstitutional.

Landis v. Moreau

779 So. 2d 691 · Supreme Court of Louisiana · Feb 21, 2001

There was no intent on the part of the legislatures *695 to qualify, in any way, the right of access. [citations omitted]. … Moreover, the privilege created by the work product doctrine is qualified, not absolute. Id.

State v. Fernandez

39 La. Ann. 538 · Supreme Court of Louisiana · May 15, 1887

The principle is established beyond question, that whoever claims an exemption or immunity from the operation of a general law, must prove it with certainty, as exemption laws must be construed strictly. … However liberally construed be the exemptions enumerated in Section 3 of the act, they cannot be legitimately stretched so as to extend the immunity to grocery establishments in public markets.

Young

District Court, M.D. Louisiana · Feb 26, 2026

qualified immunity defense with equal specificity.” … “With qualified immunity, the Supreme Court has repeatedly instructed that clearly established law is not to be defined at a high level of generality. This is particularly true in recent years.” Id.

Bozeman v. Reed

633 So. 2d 944 · Louisiana Court of Appeal · Mar 11, 1994

that the finding is clearly wrong (manifestly erroneous). … We find that the record supports an assessment of 50 percent fault on the part of Reed. [11] DPS'S IMMUNITY FROM LIABILITY ASSIGNMENT OF ERROR NUMBER THREE In this assignment of error, DPS contends that it is immune from

Grant v. Touro Infirmary

254 La. 204 · Supreme Court of Louisiana · May 5, 1969

Since the courts established the doctrine, this Court can now repudiate it. I would do so for the betterment of the law. … We must not fall into error because of prior Court of Appeal cases which have attempted to establish law contrary to the Code.

Stokes v. Aetna Casualty and Surety Company

232 So. 2d 328 · Louisiana Court of Appeal · Mar 12, 1970

Immunities presently enjoyed would be eliminated. … This could amount to a considerable economic factor. *341 Under the circumstances we cannot conclude defendants were unreasonable in relying on a well established rule which clothed them with immunity from the claim presently

Gutierrez v. Keller

2012 La.App. 4 Cir. 0987 · Louisiana Court of Appeal · Jan 16, 2013

factfinder is clearly wrong or manifestly erroneous. … Immunity Next, the plaintiffs argue that the immunity provisions provided to emergency vehicles do not apply to this case. The immunity provision applicable to emergency vehicles is found in La.

Thompson v. Safety Council of Southwest Louisiana

891 F. Supp. 306 · District Court, W.D. Louisiana · Jun 12, 1995

Neither party briefed the question of whether qualified immunity would bar these claims and that issue is not reached. … Neither party briefed the question of whether qualified immunity would bar these claims and that issue is not reached.

James Clifford Arrant v. Graphic Packaging International, Inc. C/W Marvin Jack Barnett, Jr. v. Graphic Packaging International, Inc. C/W Kenneth Noel Bain, Sr. v. Graphic Packaging International, Inc. C/W George Emory Butler v. Graphic Packaging International, Inc. C/W W.H. Auttonberrt v. Graphic Packaging International, Inc. C/W Jimmie Dewayne Baugh v. Graphic Packaging International, Inc. C/W Melvin Ellis Bordelon v. Graphic Packaging International, Inc.

Supreme Court of Louisiana · May 5, 2015

“This additional language was clearly intended to reverse the established trend in the jurisprudence to permit coverage for disability which appears to be clearly work-related but does not fit the statutory definition of … As our jurisprudence has long held, if a certain type of injury is not compensable under the LWCA, even though clearly work-related, then it is not subject to the exclusivity provision, and there is no tort immunity.

State v. Louis

93 La.App. 3 Cir. 1201 · Louisiana Court of Appeal · Mar 2, 1994

Lewis involved aspects of both transactional or equitable immunity and use immunity. … Applying both the Caminita and Lems tests for equitable immunity, we find the record does not clearly establish whether defendant performed his side of the bargain, nor that defendant relied to his detriment on the agreement

Gatlin v. Entergy Corp.

904 So. 2d 31 · Louisiana Court of Appeal · May 4, 2005

[b]ut to try to establish a negligence case against his employer, who is statutorily immune from any theory of negligence on the part of its employees, would in effect represent a double deduction and essentially a denial … As established by the clear terms of the policy, National Union was obligated to both defend and indemnify ELI in those capacities.

Henry v. Shreveport

District Court, W.D. Louisiana · Apr 16, 2025

(iii) Qualified Immunity The doctrine of qualified immunity insulates government officials from liability from civil damages insofar as their conduct does not violate clearly established … Claims of qualified immunity require a two-step analysis.

Kidder v. H & B MARINE, INC.

734 F. Supp. 724 · District Court, E.D. Louisiana · Mar 23, 1990

ERISA defines an “employee welfare benefit plan” as: any plan, fund or program ... established or maintained by an employer ... to the extent that such plan, fund or program was established or is maintained for the purpose … Kidder from HB Construction constituted a “qualifying event” under COBRA, 29 U.S.C. 1163(2), and that Thelma Kidder was a “qualified beneficiary” under COBRA. Id. at 1167(3)(A)(i).

Dugas v. City of Breaux Bridge Police Department

99 La.App. 3 Cir. 1320 · Louisiana Court of Appeal · Feb 2, 2000

Bowen, 94-584, p. 6 (La.App. 3 Cir. 11/2/94); 649 So.2d 611, 614 , writ denied, 94-2940 (La.1/27/95); 650 So.2d 244 , this court stated that an entity must qualify as a juridical person before it will be empowered to "independently … affidavit, Mayor Louis Kern states that, "The Breaux Bridge Police Department has no authority to maintain bank accounts, sign contracts, incur debt, sign checks, invest surplus funds, assess and/or collect taxes, charge fees, establish