Case law

Maldonado-Mejia v. Eversound Kitchen & Bath, LLC

2015 La.App. 4 Cir. 0859 · Louisiana Court of Appeal · Apr 20, 2016

Accordingly, we deem the issue of whether Maldonado qualifies as an employee abandoned. … The OWO was not manifestly erroneous or clearly wrong in dismissing Maldonado’s disputed claim.

Molina v. City of New Orleans

830 So. 2d 994 · Louisiana Court of Appeal · Oct 2, 2002

THE CITY'S IMMUNITY DEFENSE The City contends that it was error for the trial court to refuse to consider its defense that it is immune from liability under La. … It is well settled that a plaintiff's uncorroborated testimony is sufficient to prove lost wages as long as the testimony is uncontradicted and reasonably establishes the claim. Richard v.

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

Morse v. Belsom

713 F. Supp. 200 · District Court, E.D. Louisiana · May 16, 1989

I find that Woodfork’s actions in refusing to reinstate the plaintiff were clearly protected by the superintendent’s qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … In Harlow , the court held that “[Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Landry v. Avondale Industries, Inc.

864 So. 2d 117 · Supreme Court of Louisiana · Jan 30, 2004

C.C. art. 2315 for the first time allowing the recovery for damages for loss of consortium prior to death was clearly a substantive law in that it established a new right of action. Because the amendment to La. … The executive officers claim they are immune because in 1976, immunity was extended to executive officers.

Dawson v. City of Bogalusa

95 La.App. 1 Cir. 0824 · Louisiana Court of Appeal · Dec 15, 1995

However, the testimony of defendant's employees established defendant was somewhat lackadaisical in responding to citizen complaints. … Coe, plaintiff's treating psychiatrist, stated plaintiff is "most concerned" whether she will be able to qualify for her pension.

Pertuit v. Jefferson Parish Hospital Service District No. 2

14 La.App. 5 Cir. 752 · Louisiana Court of Appeal · May 14, 2015

We therefore are not prepared to establish a hard-fast rule that mandates an eviden-tiary hearing whenever an expert’s qualifications are challenged. … Clearly, when a litigant seeks a ruling that his opponent’s expert is not qualified to render an opinion, he is seeking a ruling on admissibility of that expert’s opinion.

Froisy v. Salama

0 La.App. 3 Cir. 1262 · Louisiana Court of Appeal · Feb 28, 2001

The undisputed facts giving rise to this litigation clearly establish that Mr. Froisy suffered unnecessarily because of the false statements made by Dr. Salama to Dr. Elias. Although sympathetic to Mr. … Others involved in the commitment process may claim immunity pursuant to the provisions of La.R.S. 28:63.

Ortego v. TUNICA BILOXI INDIANS OF LA.

865 So. 2d 985 · Louisiana Court of Appeal · Feb 4, 2004

Both decisions describe an exhaustion rule allowing tribal courts initially to respond to an invocation of their jurisdiction; neither establishes tribal-court adjudicatory authority, even over the lawsuits involved in those … Ortego further contends that § 2(H) of the compact, reproduced in footnote 4, clearly indicates that the State did not transfer its workers' compensation jurisdiction to the Tribe.

United States v. Goldman

25 F. Cas. 1350 · U.S. Circuit Court for the District of Louisiana · Nov 15, 1878

Clearly not. … you are qualified to vote for members of congress.

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.

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.

Allen v. EXHIBITION HALL AUTHORITY

842 So. 2d 373 · Supreme Court of Louisiana · Apr 9, 2003

This type of principal may be able to establish statutory employer immunity under a separate theory set forth in R.S. 23:1032: the trade, business, or occupation defense. … In 1950, this court held that the language and purpose of LSA-R.S. 23:1032, when considered with § 1061, established the corresponding tort immunity for principals, Thibodaux v.

Thomas v. Frederick

766 F. Supp. 540 · District Court, W.D. Louisiana · Jun 4, 1991

Qualified Immunity All defendants are entitled to qualified immunity against money damages as long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would … There is no question that defendants are not entitled to qualified immunity.

Live-Stock Dealers' & Butchers' Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.

15 F. Cas. 649 · U.S. Circuit Court for the District of Louisiana · Jun 11, 1870

[As to the civil rights bill, we are clearly of opinion that it does not apply; that it was intended merely to secure to citizens of every race and color the same civil rights and privileges as are enjoyed by white citizens … This is not because the privileged person is the inventor of such accommodations, nor because the use of them is a franchise lying only in the public grant, nor because the privileged person is qualified by superior education

Palandro v. Board of Supervisors

2009 La.App. 1 Cir. 1203 · Louisiana Court of Appeal · Apr 28, 2010

YoA-Alden, the Board asserts that Louisiana Constitution, Article XII, Section 10(A)’s waiver of | immunity in contract suits is not sufficient to establish Louisiana’s explicit consent to a suit seeking to enforce FLSA provisions … In deciding Alden , the Supreme Court noted that the Alden plaintiffs did not attempt to establish waiver of immunity under Maine’s legislative standard. Alden, 527 U.S. at 758 , 119 S.Ct. 2240 .

Morrison v. JA Jones Const. Co., Inc.

537 So. 2d 360 · Louisiana Court of Appeal · Dec 29, 1988

The record establishes that appellant was not reasonably diligent in searching out the source of the water and in fashioning a remedy. … That finding is not clearly wrong, and we will not disturb it.

LaCroix v. State ex rel. Department of Transportation

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site’s popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.

Chatman v. Plaquemines Parish Government

District Court, E.D. Louisiana · Jan 22, 2025

clearly established constitutional rights of which a reasonable person would have known.” … enjoys qualified immunity from the Section 1983 claim.

Viator v. Miller

900 So. 2d 1135 · Louisiana Court of Appeal · Apr 27, 2005

Clearly, any damages arising from the sexual relationship between Heather and Judge Miller are not recoverable under Louisiana law. … s paternity in question is insufficient to establish Michael's status to proceed.