Case law

Picard v. Zeit Exploration Co., Inc.

92 La.App. 1 Cir. 2242 · Louisiana Court of Appeal · Mar 11, 1994

Sun Oil Co., 218 La. 453 , 49 So.2d 852 (1950), established a test, known as the "integral relation" test, for determining whether the work performed by an employee was part of the principal's trade, business or occupation … The 1989 amendment clearly rejected those factors.

Stockstill v. CF Industries, Inc.

94 La.App. 1 Cir. 2072 · Louisiana Court of Appeal · Dec 15, 1995

that the finding is clearly wrong or manifestly erroneous. … However, the testimony of Yelverton upon which C.F. relies, i.e. that Yelverton was qualified to perform nondestructive testing, was clearly admissible as to his qualifications and background, and his specific duties regarding

Oliver v. Magnolia Clinic

9 La.App. 3 Cir. 439 · Louisiana Court of Appeal · Nov 17, 2010

Although it is true nurse practitioners must be registered nurses, the statutes clearly indicate their job responsibilities are significantly different. … This burden, as was *893 clearly set forth in Sibley , rests with the State.

Traweek v. Gusman

District Court, E.D. Louisiana · Jan 20, 2021

In the simplest of terms, qualified immunity “protects officers from liability for damages unless they violate clearly established law.” See Samuel L. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Doe v. Merritt Hospitality, LLC

353 F. Supp. 3d 472 · District Court, E.D. Louisiana · Dec 18, 2018

Also, "the EEOC investigation clearly encompassed" a claim stated only in the intake questionnaire, because that claim was referenced in the defendant's position statement. Id. … To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability, or was regarded as disabled; (2) that he was qualified for the job; and (3) that he was subject to an adverse

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2007

But an executive order cannot legislate new law or attempt to adopt what the legislature has clearly rejected. … In this instance, the federal statute very clearly specifies that a qualified Gulf Opportunity Zone Bond is to be designated as such by the Louisiana State Bond Commission.

Castay v. ADM Growmark River Systems, Inc.

0 La.App. 5 Cir. 1489 · Louisiana Court of Appeal · Mar 14, 2001

Clearly, with an injury of this magnitude, and with the constant pain *56 that Mr. Castay endures, his relationship with his wife is affected. … Future medical expenses must be established with some degree of certainty and must be supported with medical testimony and estimation of probable costs. Id. Dr.

Reymond v. State Ex Rel. Department of Highways

255 La. 425 · Supreme Court of Louisiana · Feb 4, 1970

Natchitoches Parish School Board, 238 La. 388 , 115 So.2d 793 , which had differentiated between waiver •of immunity from suit* and waiver of immunity from liability. … Perkins, whose testimony was designed only to establish that diminution in value, are set aside.

Opinion Number

Louisiana Attorney General Reports · Aug 1, 2002

Act 1203 has established the Lake Catherine Sewage and Water District as a "political subdivision" of the state, thus establishing that its board members, as officers and employees, are not "covered individuals" and would … However, federal jurisprudence does provide immunity to an officer who, in good faith, believes that his actions are within the scope of his duties.

Prejean v. Maintenance Enterprises, Inc.

2008 La.App. 4 Cir. 0773 · Louisiana Court of Appeal · Jan 14, 2009

Clearly, the trial court was presented with countervailing affidavits which in its judgment favored the defendants’ position resulting in its ruling in the defendants’ favor. … Plaintiff failed to produce factual |5support sufficient to establish that it would be able to satisfy its evi-dentiary burden of proof at trial.

Havlik v. Myers

District Court, W.D. Louisiana · Jan 8, 2025

then clearly established law. … Even if the government officials’ conduct violated a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. Hernandez Ex. Rel.

Boyd v. Kirkpatrick

District Court, E.D. Louisiana · May 14, 2025

Qualified Immunity Qualified immunity (as distinct from absolute immunity) “provides ample protection to all but the plainly incompetent or those who knowingly violate the … The defense “provides government officials with immunity from suit ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Bryant v. Department of Public Safety And Corrections

District Court, E.D. Louisiana · Sep 11, 2019

The doctrine of qualified immunity offers a shield against civil liability for government employees “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … legal rules that were clearly established at the time it was taken.”

Schexnayder v. Exxon Pipeline Co.

1 La.App. 5 Cir. 1236 · Louisiana Court of Appeal · Mar 13, 2002

The trial court has great discretion whether to qualify an expert witness and has wide latitude whether an expert has the competence, background and experience to qualify. [1] The exercise of that discretion will not be disturbed … Apparently the court also did not find that the plaintiffs testimony established that real damage had occurred in this case.

Mitchell v. Southern Scrap Recycling, LLC

93 So. 3d 754 · Louisiana Court of Appeal · Jun 8, 2012

An employer seeking to avail itself of tort immunity bears the burden of proving its entitlement to immunity. Furthermore, immunity statutes |Rmust be strictly construed against the party claiming the immunity. … This contractual language clearly recognizes Southern Scrap Morgan City’s status as the statutory employer of IPC Contractors’s employees, as contemplated by LSA-R.S. 23:1061(A)(3).

Dennis v. Wiley

2009 La.App. 1 Cir. 0236 · Louisiana Court of Appeal · Sep 11, 2009

Therefore, the Sheriffs Office cannot rely on statutory immunity to shield itself from potential negligence liability in this situation. … Whether a duty is owed is clearly a question of law. Faucheaux v. Terrebonne Consol. Government, 615 So.2d 289, 292 (La.1993).

Sherome Hankton v. the State of Louisiana, Medical Center of Louisiana at New Orleans (University Hospital), Through the Board of Supervisors at Louisiana State University and Dr. John Doe

Louisiana Court of Appeal · Mar 4, 2020

“It is well settled that a trial court’s findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.” … the finding is clearly wrong.’”

Liner v. Dravo Basic Materials Co.

162 F. Supp. 2d 499 · District Court, E.D. Louisiana · Apr 5, 2001

The decision was clearly based on a weighing of the amount and type of navigational traffic against the cost of available safety measures, with consideration of public sentiment. … Thus, the Government is entitled to discretionary function immunity in this case. 2.

Beard

District Court, M.D. Louisiana · Jul 27, 2026

objectively reasonable in light of the clearly established law.”). … Again, qualified immunity applies since Plaintiff has not alleged a constitutional claim against Warden Landry.

Cooper v. Louisiana Organ Procurement

146 So. 3d 908 · Louisiana Court of Appeal · Aug 6, 2014

The standard of good faith is objective; it affords immunity to qualified individuals and entities who demonstrate that they acted with an honest belief, without malice and without a design to defraud or to seek an unconscionable … The OMV donor registry clearly stated that White consented to be an organ donor, and any of Cooper’s concerns regarding White being “cut on” did not vitiate White’s prior consent.