Case law

Alexander v. La. State Board of Private Investigator Examiners

211 So. 3d 544 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 9:2792.4, the doctrine of discretionary immunity, and the doctrine of quasi-judicial immunity. 3. The judgment in Mr. … The appellate court should not disturb the trial court’s findings unless the record establishes that those findings are manifestly erroneous or clearly wrong. Rando , 08-1163 at p. 20, 16 So.3d at 1082; Stobart v.

Vermilion Parish School Board v. ConocoPhillips Co.

11 La.App. 3 Cir. 999 · Louisiana Court of Appeal · Feb 1, 2012

Clearly, Section 16 lands are owned by the State. … The immunity from prescription provision of La.Civ.Code art. 3494(5) clearly applies to “state-owned properties.”

Welch v. AG Edwards & Sons, Inc.

677 So. 2d 520 · Louisiana Court of Appeal · May 15, 1996

Manifest disregard of the law" by arbitrators is a judicially created ground for vacating an arbitration award and refers to error which was obvious and capable of being readily and instantly perceived by an average person qualified … Thus, the doctrine of "manifest disregard of the law" clearly requires more than simply an error of law on the part of an arbitrator.

State Ex Rel. Higgins v. Aicklen

167 La. 456 · Supreme Court of Louisiana · Nov 26, 1928

If a proclamation of the Governor purporting to create a municipal corporation, under authority of' the eleventh section of the Act 136 of 1898, were immune from judicial investigation, that part of section 2593 of the Revised … The application of this remark will be perceived by adverting to the act of Congress for establishing the department of foreign affairs.

Jenkins v. CNA Ins. Co.

98 La.App. 1 Cir. 0022 · Louisiana Court of Appeal · Dec 28, 1998

Recognizing that the general trend among the states was toward the abolition of the interspousal immunity, the court declined to adopt or give effect to the doctrine of interspousal immunity within the admiralty law. … Byrd nor any public policy consideration establishes that liability insurance coverage for the negligent operation of a boat is mandated by federal admiralty law.

Montgomery-Smith v. La. Dep't of Health & Hosps.

299 F. Supp. 3d 790 · District Court, E.D. Louisiana · Mar 1, 2018

have rendered the prior judgment; (3) the prior judgment must have been final and on the merits; and (4) the plaintiff must raise the same cause of action in both suits. 116 The first three elements of res judicata are clearly … Louisiana State University , "sovereign immunity bar[s] federal courts from hearing state law claims brought in federal court against state entities." 166 For the purpose of sovereign immunity, DHH, a Louisiana state agency

Kelly v. Blount Bros.

326 So. 2d 906 · Louisiana Court of Appeal · Feb 20, 1976

employed by Augenstein Construction Company, Inc., was engaged in the “trade, business, or occupation” of Olin Corporation (see LSA-R.S. 23:1061) and was therefore, a statutory employee of Olin Corporation, making the latter immune … Not so clearly established in the record is the nature of the other project on a facility identified as the TDI Unit. Plaintiff apparently had duties in connection with both units.

Showboat Star Partnership v. Slaughter

789 So. 2d 554 · Supreme Court of Louisiana · May 11, 2001

Tax exemptions, being an exceptional privilege, must be expressly and clearly conferred in plain terms, and accordingly are strictly construed against the taxpayer. McNamara v. … With the abolition of sovereign immunity came a trend to permit equitable estoppel to be invoked against the government in tax matters. See Michael A.

Luke v. Cplace Forest Park SNF, LLC

250 So. 3d 995 · Louisiana Court of Appeal · May 18, 2018

create additional employment which the employer would not otherwise have created, nor shall such employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

State v. Jones

363 So. 2d 455 · Supreme Court of Louisiana · Oct 9, 1978

." *457 Subsequent discussion between the court and the prosecutor wherein the prosecutor communicated a willingness to grant immunity in exchange for DeGreat's testimony again established that the court's concern in "upholding … established that he was not relying on any constitutional right he possessed.

Fusilier v. Northbrook Excess & Surplus Ins. Co.

471 So. 2d 761 · Louisiana Court of Appeal · May 2, 1985

IMMUNITY The School Board and its insurer contend that the district judge erred in finding LSA-R.S. 9:2791 and 9:2795 did not provide them with immunity from liability. We find Keelen v. … The record clearly establishes that Keith and his brother requested and were granted permission to cross the street to watch the Mamou football team practice.

Warren v. Talley

District Court, W.D. Louisiana · Jun 29, 2022

Qualified immunity protects government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … The elements that a plaintiff must establish to overcome an officer’s claim of qualified immunity in an excessive force claim are: “(1) an injury, (2) which resulted directly and only from a use of force that was clearly

Bergeron v. Argonaut Great Cent. Ins. Co.

958 So. 2d 676 · Louisiana Court of Appeal · Feb 9, 2007

All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at point of sale with the following wording: "THERE MAY BE A RISK ASSOCIATED WITH CONSUMING … IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH OR BLOOD OR HAVE OTHER IMMUNE DISORDERS, YOU SHOULD EAT THESE PRODUCTS FULLY COOKED." . . .

Walker v. Whittington

District Court, W.D. Louisiana · Aug 25, 2025

“Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Benavides v. … The second prong of the qualified immunity analysis requires the violation of a right that has been clearly established. See id.

Williams v. Dauthier

District Court, M.D. Louisiana · Sep 19, 2024

right, and (2) the right was clearly established at the time.” … App’x 569, 575 (10th Cir. 2021) (“[T]he qualified-immunity argument was underdeveloped.” “[Defendants] argue that the contours of any right were not clearly established . . .

Jackson v. Parish of East Baton Rouge

185 So. 2d 589 · Louisiana Court of Appeal · Apr 4, 1966

Defendant’s exception was based upon the premise of governmental immunity. … We feel that the facts of this case clearly fit the recent decision of this Court in the case of Green v.

Thomas v. Wright

District Court, W.D. Louisiana · Mar 27, 2025

overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified immunity defense … immunity.”70 That Rule 7(a) Reply was the opportunity for Plaintiffs to sufficiently plead facts to overcome qualified immunity.

Tredell Smith v. New Orleans City et al.

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

of a clearly established law. … Thus, Shumpert demonstrates that the absence of a clearly established law provides another basis to conclude that qualified immunity applies to Smith’s claims. 2.

Koonce v. St. Paul Fire & Marine Ins. Co.

15 La.App. 3 Cir. 31 · Louisiana Court of Appeal · Aug 5, 2015

In Haab, 139 So.3d at 1182 (emphasis added), in interpreting La.R.S.29:735 and La.R.S.9:2798.1(C)(2), which provides for qualified immunity to public, entities *1107 and their officials and employees except in the case of … On June 6, 2014, Appellees filed a motion for summary judgment, asserting Appellant was unable to establish an exception to the immunity statutes, La. R.S. 29:735 and La.R.S. 9:2800.17.

Molaison v. Lukinovich

13 La.App. 5 Cir. 781 · Louisiana Court of Appeal · May 28, 2014

could use the “Section 1033” election, a provision of the tax code that allows such landowners the ability to defer taxes on the proceeds of the sale in the takings litigation if the proceeds were “rolled over” into another qualifying … The facts in the instant case are starkly distinguishable from those in Marrogi and clearly implicate the policy considerations stated in Marrogi favoring witness immunity. While Mr.