Case law

Wilde v. Schwegmann Bros. Giant Supermarkets, Inc.

160 So. 2d 839 · Louisiana Court of Appeal · Feb 3, 1964

The evidence clearly establishes that plaintiff was not held by defendant for the purpose of ascertaining the true facts, but simply to obtain a confession. … The mere fact that defendants permitted her to write the qualifying statement on the bottom thereof evidences their own uncertainty.

McGuire v. Honeycutt

387 So. 2d 674 · Louisiana Court of Appeal · Jul 30, 1980

We find that the record does not establish an intentional act within this definition. … These cases clearly establish that the Legislature may validly regulate causes of action including replacement or abolition that one person may have against another for personal injuries.

Safford v. Bayou Lafourche Fresh Water District

872 So. 2d 1127 · Louisiana Court of Appeal · Feb 23, 2004

Generally, any immunity claim must properly be addressed first, as a finding that the defendant is immune would obviate a detailed duty-risk analysis. See Hardy v. … The trial court ruled that the District was not entitled to immunity under La.

State v. Durham

748 So. 2d 1 · Louisiana Court of Appeal · Aug 20, 1999

Johnny Reid and Raymond Holloway each provided testimony pursuant to a grant of immunity. Sharon Doyle was not tried on these charges, nor was she granted immunity. … Malfeasance, however, clearly applies.

Yount v. Handshoe

14 La.App. 5 Cir. 919 · Louisiana Court of Appeal · May 28, 2015

Truitt underneath the drawing described its graphic nature and clearly identified the author as a minor child and the divorce proceedings in which he was involved. … To the extent that the blog posts may be construed as commentary on a judicial proceeding, they may be protected in a defamation suit under the law of qualified privilege for fair reporting on a judicial proceeding; however

Ramos v. State of Louisiana

District Court, E.D. Louisiana · Dec 9, 2020

This requirement establishes a high bar.”68 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified immunity … Because Plaintiff fails to allege a constitutional violation of a clearly established right, Plaintiff falls short in overcoming Defendants’ defense of qualified immunity.

Sullivan v. Malta Park

2014 La.App. 4 Cir. 0823 · Louisiana Court of Appeal · Dec 10, 2014

Schmidt answered the suit and asserted the affirmative defense of qualified immunity. In February 2014, Mr. Schmidt filed a motion for summary judgment or an alternative exception of no cause of action. … Schmidt affirmatively pled qualified immunity in his answer. The issue of whether the qualified privilege applies is thus properly before us.

Belinda Lasalle v. Honorable Chelsey R. Napoleon, in Her Official Capacity as Clerk of Court for the Civil District Court for the Parish of Orleans

Louisiana Court of Appeal · Nov 4, 2025

R.S. 11:15131, the Clerks’ Retirement Fund had established 1 La. … The testimony at trial established that Ms.

Broussard v. Dept. of Transp. & Dev.

539 So. 2d 824 · Louisiana Court of Appeal · Feb 8, 1989

With the building of the bridge, those establishments closed and no retail businesses remain. … If the term "undeveloped" as used in Ratcliff refers to any residential development, then clearly there is none.

Shaffer v. Commissioner

515 F. Supp. 748 · District Court, E.D. Louisiana · Jun 11, 1981

THE ACTION IS BARRED BY THE DOCTRINE OF SOVEREIGN IMMUNITY. … The Court cannot find, under the most liberal view of the law and the facts commanded by Enochs, that the United States cannot establish its claim.

Hartman v. Lafourche Parish Hospital

262 F. Supp. 3d 391 · District Court, E.D. Louisiana · Aug 8, 2017

However, they seek to reserve the right to challenge Plaintiffs ability to establish a prime facie case on her claims “because she is unable to demonstrate that she was qualified for her job in light of her poor work performance … (B) For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder,

State v. McCormick

142 La. 580 · Supreme Court of Louisiana · Nov 26, 1917

Defendant moved to quash the indictment on the ground that the statute quoted, in so far as here applicable, is unconstitutional, in that it attempts to abridge, deny, or impair the rights, privileges, and immunities of the … “This power also clearly extends to the regulation or suppression of houses of prostitution,” etc. Id. par. 201.

Ruston Hospital, Inc. v. Riser

191 So. 2d 665 · Louisiana Court of Appeal · Oct 31, 1966

We think the above principle is clearly indicated in the constitutional provision exempting places devoted to charitable undertakings, which word, by common definition and usage, connotes "a setting apart", "a dedication" … The stipulation in the instant case not only fails to establish a charitable use of plaintiff's property but definitely negates such a conclusion.

Duree v. State ex rel. Department of Institutions

162 So. 2d 201 · Louisiana Court of Appeal · Mar 2, 1964

Though in the language of the act of the Legislature referred to limitation is placed until January 1, 1961, Article 3, Section 35 of the Constitution, which clearly supersedes the legislative act as to timeliness in instituting … Unmistakably, a prior ruling by the same court or one of equal dignity disposing of an identical issue earlier on the same cause of action, involving the same parties, establishes the law of the case insofar as that issue

Opinion Number

Louisiana Attorney General Reports · Oct 10, 2001

The Supreme Court further stated that "this grant of home rule authority must be interpreted broadly . . ." and "home rule powers, functions and immunities are to be construed fairly, genuinely, and reasonably, and any claimed … However, 1990 R.S. 33:103 was amended by Act 699 of as follows: Where a parish or municipality has adopted a charter for local self-government or other home rule charter and such charter provides for the establishment of

Oakbrook Village Associates v. Cisneros

25 F. Supp. 2d 730 · District Court, E.D. Louisiana · Sep 30, 1998

Thus, even though Oakbrook’s claims under § 3712 clearly present a federal question in support of subject matter jurisdiction under 28 U.S.C. § 1331 , waiver of sovereign immunity is a prerequisite to assuming jurisdiction … For these reasons, the holding in Bowen that the State’s claim was not one for money damages does not establish a widely applicable general rule.

O'DWYER v. Louisiana

582 F. Supp. 2d 789 · District Court, E.D. Louisiana · Sep 25, 2008

The plaintiff argues that the State of Louisiana, the LDPSC and the Louisiana Department of Justice are not appellants because only Nelson and Ivey have alleged qualified immunity on appeal. … Without some clear legal authority, the Court finds that it is unjust for all parties to enjoy the benefits of the stay for those claiming qualified immunity.

Moser v. Aminoil, U.S.A., Inc.

618 F. Supp. 774 · District Court, W.D. Louisiana · Aug 22, 1985

SEAMAN’S STATUS Sweco urges that Moser’s Jones Act claim must be dismissed because he does not qualify as a seaman. … Thus, the Court holds that Moser does not qualify as a seaman. III.

Richard v. Weill Const. Co., Inc.

446 So. 2d 943 · Louisiana Court of Appeal · Mar 7, 1984

In the present case, plaintiff's petition clearly reveals that Weill was the general contractor on the job where plaintiff was working at the time of the accident and that his immediate employer, Aristile LeBlanc, was performing … Weill is therefore immune from tort liability. LSA-R.S. 23:1032 and R.S. 23:1061; Barnhill, supra. There is no issue of material fact as to this position.

Roberts v. Sewerage and Water Bd.

634 So. 2d 341 · Supreme Court of Louisiana · Mar 21, 1994

The SWB clearly does not fall within any classification of persons that Section 1032 specifically excludes from the category of third persons; therefore, the SWB is a third person and is not entitled to immunity from proceedings … Those powers, duties and functions are set out and defined by La.R.S. 33:4071 et seq., which clearly establish the independence of the SWB with respect to the management of its business or function of providing sewerage,