Case law

Austin v. Abney Mills, Inc.

824 So. 2d 1137 · Supreme Court of Louisiana · Sep 4, 2002

As so clearly pointed out in O'Regan v. … Malone & Johnson, § 361. [2] In sum, under well-established law, because this plaintiff clearly has a remedy in workers' compensation for his occupational disease, he is precluded from seeking recovery in tort.

Rebel Distributors Corp. v. Luba Workers' Comp.

144 So. 3d 825 · Supreme Court of Louisiana · Oct 15, 2013

given the quid pro quo underpinnings of the workers’ compensation *843 remedy as between the injured worker, who foregoes his remedy in tort in return for certain compensation for his injury, and his employer, who receives immunity … However, every claim or payment under the workers’ compensation laws, even those by qualified health care providers for | .

Equal Employment Opportunity Commission v. Resources for Human Development, Inc.

827 F. Supp. 2d 688 · District Court, E.D. Louisiana · Dec 7, 2011

On the other hand, severe obesity, which has been defined as body weight more than 100% over the norm, is clearly an impairment. … Michele Vick, Harrison’s supervisor at Family House, noted that her “weight was clearly having an adverse impact on her ability to do her job.” (Rec. Doc. No. 19-7 at 5).

Hall v. Brookshire Bros., Ltd.

831 So. 2d 1010 · Louisiana Court of Appeal · Nov 27, 2002

Its judgment will remain undisturbed unless clearly erroneous. Abshire v. Wilkenson, 01-75 (La. App. 3 Cir. 5/30/01); 787 So.2d 1158 . … R.S. 40:1299.42(B)(2) clearly says that "[a] health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon ...." (Emphasis added.)

RIVERSIDE TRANSPORTATION INC. v. Burke

978 So. 2d 1261 · Louisiana Court of Appeal · Mar 26, 2008

However, a qualified immunity generally applies to most acts of government officials, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. [5] … App. 1 Cir. 2/21/07), 959 So.2d 990 , 994 n.2, writ denied, XXXX-XXXX (La. 6/22/07), 959 So.2d 500 . [5] Plaintiffs correctly point out that a defense of qualified immunity must be specially pled, and that defendants herein

State v. Burnette

353 So. 2d 989 · Supreme Court of Louisiana · Dec 19, 1977

A clearly erroneous decision on this question of balancing probative value against danger of prejudicial effect will be corrected on appeal as an abuse of discretion. … This evidence of a threat to have Saltzman killed is insufficient to qualify as substantial evidence of the attempted murder at least indirectly or impliedly referred to by the prosecuting attorney in his opening statement

Arnold v. Williams

District Court, M.D. Louisiana · Apr 26, 2022

violate clearly established 3 Rec. … Without setting forth a clearly established right for which the analysis can continue, Plaintiffs have not defeated Deputy Fleming's qualified immunity defense.20 After this

Allopathic State Board of Medical Examiners v. Fowler

50 La. Ann. 1358 · Supreme Court of Louisiana · May 16, 1898

To regulate implies that the business or profession may be carried on subject to established methods. To create is to establish; to give birth; to put into existence. … The right to practise medicine being conditioned by law upon the prior obtaining of a certificate from a medical board, under Act No. 49 of 1894, plaintiffs were clearly authorized, when they had reason to believe that defendant

Towry v. United States

459 F. Supp. 101 · District Court, E.D. Louisiana · Jul 31, 1978

Sanders, supra, 430 U.S. at 104-05 , 97 S.Ct. at 984-85 , instructs us that the retention by Congress of a statute precluding review of agency action qualifies the grant of federal question subject matter jurisdiction effected … In its explicit abrogation of the defense of sovereign immunity in actions seeking equitable relief, the first new sentence of § 702 replaces the law of this Circuit established in Estrada v.

Cannon v. Insured Lloyds

499 So. 2d 978 · Louisiana Court of Appeal · Oct 8, 1986

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. This burden is a great one. … We thus conclude that the issue of Lavalais' employment status at the time of the accident is clearly a material fact.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Apr 12, 2022

Whether Plaintiff Can Overcome Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory … immunity, he need only allege a deprivation of a right that is clearly established under the Constitution.

Olson v. Toce

17 La.App. 3 Cir. 36 · Louisiana Court of Appeal · Jun 7, 2017

(iii) All or a portion of a payment made by another qualified health care provider, by the insurer of another qualified health care provider, or by the employer of another qualified health care provider has been attributed … The PCF has standing to object when the integrity of the fund is jeopardized, such as when a claim clearly does not fall under the MMA. Id.

Courtney v. Cavalier

District Court, M.D. Louisiana · Jun 5, 2025

Qualified immunity shields government officials from individual liability for performing discretionary functions unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

Ford v. Stone

599 F. Supp. 693 · District Court, M.D. Louisiana · Dec 6, 1984

Defendants also argue that the affirmative defense of qualified immunity shields them from liability. The first of these defenses, that of prescription, is meritorious. … Plaintiff clearly ruled out consideration of any federal claims by the state court in the following colloquy which occurred early in the state court proceeding: MR.

Marsh

District Court, W.D. Louisiana · Mar 3, 2026

of qualified immunity is available to protect defendants “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, there is no genuine dispute as to a material fact and Defendants are entitled to qualified immunity as to Marsh’s claims under federal law.5 5 The Court’s having resolved liability under qualified immunity

Howard v. Georgia Pacific Corp.

583 So. 2d 55 · Louisiana Court of Appeal · Jun 19, 1991

After reviewing the evidence and testimony, the trial court found it was clearly established that plaintiff was the employee of Miller Logging and was injured while performing work within the scope of his employment on Georgia … The Legislature granted tort immunity to the principal for the first time in 1976 by amending La.R.S. 23:1032, the section which originally granted tort immunity to the direct employer.

Haygood v. Dies

127 So. 3d 1008 · Louisiana Court of Appeal · Nov 20, 2013

Haygood, offered her immunity for her testimony against Dr. … Dies’s unfair trade practices and 112conspiracy culminated in the Board’s decision of November 8, 2010, clearly within one year of suit. There is a genuine issue of material *1015 fact whether Dr.

Fouchaux v. Board of Commissioners

65 So. 2d 430 · Louisiana Court of Appeal · May 25, 1953

The Supreme Court, in considering the petition in connection with that suit containing the identical allegations of fact which are ..enumerated in the petition now before us, clearly held that the petition did not state a … Crawford, 213 La. 433 , 49 So.2d 751, 754 , referring to Articles 2286 and 3556 of the LSA-Civil Code, said: “In the interpretation of these codal provisions the following jurisprudence has evolved and become firmly established

Williams v. O'NEILL

813 So. 2d 548 · Louisiana Court of Appeal · Mar 13, 2002

Thus, this court held in Johns that the $500,000 cap established by the MMA does not prevent recovery of that amount from health care providers qualified under the act, while, at *555 the same time, recovering from health … This case is therefore clearly distinguishable from Horil, Castille, and Giammanchere, in which the plaintiffs settled with the qualified health care providers prior to trial.

Thebeau v. Smith

148 So. 3d 233 · Louisiana Court of Appeal · Sep 8, 2014

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.