Case law

Kirkland v. Riverwood Intern. USA, Inc.

681 So. 2d 329 · Supreme Court of Louisiana · Sep 13, 1996

Despite these policy considerations, the Thibodaux decision, in judicially expanding tort immunity to a principal, also established a liberal interpretive analysis of the central issue of the statutory employment relationship … In my view the majority's test will produce the same result in almost every case as if the Berry test were applied, a result the Legislature was clearly attempting to change.

Copsey v. Swearingen

790 F. Supp. 118 · District Court, M.D. Louisiana · Mar 5, 1992

Second, defendant argues that he was entitled to judgment as a matter of law based upon his defense of qualified immunity. … QUALIFIED IMMUNITY Finally, as noted at trial, the court finds that defendant is entitled to qualified immunity in any event.

Bourgeois v. GREEN INDUSTRIES

841 So. 2d 902 · Louisiana Court of Appeal · Feb 25, 2003

The purpose of the intentional act exception is to prevent a person granted immunity, who intentionally inflicts an injury on an employee, from using the immunity to protect himself against the consequences of his own "willful … Avondale and its executive officers assert that a claim for medical monitoring is a new cause of action and that the theory established in Walls v.

Cobb v. Louisiana Board of Institutions

229 La. 1 · Supreme Court of Louisiana · Dec 12, 1955

Nothing is so firmly established, not only in Louisiana but throughout this country, as the doctrine of the State’s immunity from suit in its own Courts without, its consent 1 and further comment would be unnecessary but … This is clearly shown by the opinion of this Court in the Landmark case of State ex rel. Hart v. Burke, 1881, 33 La.Ann. 498 .

Fulmer v. State, Department of Wildlife & Fisheries

2010 La.App. 4 Cir. 0088 · Louisiana Court of Appeal · Oct 6, 2010

authority to assert immunity for specific types of claims. … The holdings in the other cases of the Alden trilogy are clearly based upon the concept that Florida, like Maine, had not waived its sovereign immunity and, therefore, on the facts was not subject to suit by private citizens

Zapata Gulf Marine Corp. v. Puerto Rico Maritime Shipping Authority

682 F. Supp. 1345 · District Court, E.D. Louisiana · Feb 26, 1988

Clearly, in view of the foregoing discussion, PRMSA is not absolutely immune under the state action doctrine. It does not act as a sovereign governmental entity such as a state legislature or Supreme Court. … Clearly, the second factor militates in favor of Eleventh Amendment immunity because a judgment in favor of Zapata against PRMSA would require the payment of Puerto Rico funds.

McIntosh v. McElveen

893 So. 2d 986 · Louisiana Court of Appeal · Feb 2, 2005

To reverse a fact finder's determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is … clearly wrong.

Kniepp v. City of Shreveport

609 So. 2d 1163 · Louisiana Court of Appeal · Dec 2, 1992

Having found that the trial court was neither clearly wrong, manifestly erroneous, or in error as a matter of law, we affirm the judgment of the trial court. AFFIRMED. … Clearly, the decision to withdraw and leave the area unprotected and then not respond to the Sack-N-Pack fire was a cause-in-fact of plaintiffs' losses.

Bickham v. Lammico

90 So. 3d 467 · Louisiana Court of Appeal · Feb 1, 2012

Jackson established that he satisfied the requirements of a qualified healthcare provider pursuant to La. … Jackson, she concluded that he was and is “entitled to all privileges, immunities, limitations, and/or protections provided to qualified | ^healthcare providers by the Louisiana Medical Malpractice Act, La.

Hall v. Louisiana

974 F. Supp. 2d 964 · District Court, M.D. Louisiana · Sep 30, 2013

In the alternative, they argue that they are protected by judicial immunity and qualified immunity. … Subject Matter Jurisdiction In support of their motion, the Defendant-Judges contend that this Court lacks subject matter jurisdiction, and that they are entitled to Eleventh Amendment immunity, judicial immunity, and qualified

Manasra v. St. Francis Medical Center, Inc.

764 So. 2d 295 · Louisiana Court of Appeal · Jun 23, 2000

DISCUSSION HCQIA Immunity HCQIA provides a qualified immunity for professional review actions which meet certain statutory standards. Smith v. Our Lady of the Lake Hospital, Inc., 93-2512 (La.7/5/94), 639 So.2d 730 . … Clearly, Dr.

Stewart v. DAIQUIRI AFFAIR, INC.

2008 La.App. 1 Cir. 1804 · Louisiana Court of Appeal · May 13, 2009

Daiquiri Affair asserted immunity under La. … Clearly, if only [sthe requirements of La. R.S. 14:98.1 were met, then the immunity afforded under La. R.S. 9:2798.4 would not apply.

Benson & Gold Chev. v. La. Motor Veh. Com'n

403 So. 2d 13 · Supreme Court of Louisiana · Jun 22, 1981

The language in the paragraph clearly states that the commission " shall endorse the change of location" (emphasis added) on the license. … Midcal Aluminum, supra, in which the United States Supreme Court, after reviewing the opinions cited above, stated: "These decisions establish two standards for antitrust immunity under Parker v. Brown.

Hebert v. Broussard

4 La.App. 3 Cir. 485 · Louisiana Court of Appeal · Nov 10, 2004

R.S. 3:2773(D), which grants statutory immunity to officers for the killing of any dangerous or vicious dog. … Frivolous Appeal The appellees answered the appeal, asserting that it is frivolous because it does not present a substantial legal question, as the statutory immunity granted under La.R.S. 3:2773(D) clearly applies in this

Shorts

District Court, E.D. Louisiana · Aug 10, 2026

To carry his burden to overcome defendants’ qualified immunity defense here, Shorts “must show: (1) that the [defendants] violated a statutory or constitutional right, and (2) that the right was clearly established at … Even where force is excessive, qualified immunity will apply “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Cheneau ex rel. Sanders v. Apostolic Outreach Center

529 So. 2d 149 · Louisiana Court of Appeal · Jul 12, 1988

Statutory Immunity LSA-R.S. 9:2791 provides as follows: A. … Second, the jurisprudence regarding attractive nuisances establishes clearly that the doctrine applies only if the child is too young to appreciate the danger involved. Smith, supra, 638 F.2d at 885 .

LeRay v. Bartholomew

871 So. 2d 492 · Louisiana Court of Appeal · Mar 30, 2004

We find Kelty to be clearly distinguishable. … After a settlement with one qualified provider and dismissal of the other, the LPCF was added to the lawsuit.

Landiak v. Richmond

899 So. 2d 535 · Supreme Court of Louisiana · Mar 30, 2005

Richmond clearly established his intent to change his domicile from his domicile of origin at his family's home at 8701 Lomond Road in Council District D to 4809 Eastview Drive in Council District E. … Those two pieces of evidence clearly show that Mr. Richmond continued to consider the 4809 Eastview Drive address as his "principal establishment" at least through September 9, 2003.

Matthews v. Lo

District Court, E.D. Louisiana · Apr 16, 2024

To carry his burden to overcome Defendants’ qualified immunity defense here, Matthews “must show: (1) that the [Defendants] violated a statutory or constitutional right, and (2) that the right was clearly established … of clearly established law.”

Hays v. Wild Life and Fisheries Commission

136 So. 2d 559 · Louisiana Court of Appeal · Mar 16, 1962

The rules of the Commission are clearly invested with such dignity and effect they are considered laws. Constitution of Louisiana, Article XIV, Section 15(I). … Since the only testimony against appellant was clearly inadmissible, there is no evidence to support the order of dismissal.