Case law

Greer v. Dresser Industries, Inc.

98 La.App. 3 Cir. 129 · Louisiana Court of Appeal · Jul 1, 1998

If, however, the older employee shows that he was terminated in favor of younger, clearly *1239 less qualified individuals, a genuine, material fact issue exists. Id. at 1181 (citation omitted). … A genuine, material fact issue that pretext exists can be raised by a showing that the older employee was terminated while a younger, clearly less qualified, individual was retained.

Courtney v. BASF Wyandotte Corp.

385 So. 2d 391 · Louisiana Court of Appeal · May 5, 1980

The exclusivity of Workmen's Compensation as a remedy for employees is established by LSA-R.S. 23:1032. … Clearly, the only statutory exception to Workmen's Compensation as a remedy is for intentional torts.

Butler v. Cantrell

630 So. 2d 852 · Louisiana Court of Appeal · Dec 29, 1993

The intent to establish a residence, coupled with physical actions denoting the acquisition of a residence is sufficient." 361 So.2d at 322. This standard was clearly met by Mr. Feltus, whose rental arrangement with Mr. … Additionally, the language of the first sentence clearly refers to the qualifications one must have when one qualifies as a candidate....

Johnson v. Odom

901 F. Supp. 220 · District Court, W.D. Louisiana · Aug 31, 1995

Although the defendants assert qualified immunity as a defense to this claim, the Fifth Circuit has twice held that the defendants are not entitled to summary judgment on qualified immunity grounds. … Champaign Nat’l Bank, 15 F.3d 729 (7th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 62 , 130 L.Ed.2d 20 (1994), qualify as state court proceedings that may not be reviewed by a federal court, the first requirement is clearly

Herpin v. Boudreaux

709 So. 2d 269 · Louisiana Court of Appeal · Mar 5, 1998

In order to be qualified as a candidate for the Office of Mayor, Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Howard v. Vannoy

District Court, M.D. Louisiana · May 21, 2021

violate clearly established statutory or constitutional rights of which a reasonable person would have known.”22 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to 16 Bell … Finally, even if Plaintiff could establish the violation of a constitutional right, Plaintiff has utterly failed to overcome Warden Vannoy’s assertion of qualified immunity.

Guillory v. Interstate Gas Station

653 So. 2d 1152 · Supreme Court of Louisiana · Mar 30, 1995

Clearly, under the undisputed facts, defendants have shown that the injury arose from a non-employment related dispute between plaintiff and her husband. … Therefore, a strong `arising out of' showing was required to establish the relationship between the injury and the employment necessary for entitlement to compensation.

Douglas Bagwell v. Quality Easel Company, Inc., and James E. Dugdale, Jr.

Louisiana Court of Appeal · Nov 18, 2020

R.S. 23:1035. 8  As to CPCC’s DBE status, Angela Pody testified she was a Native American Indian, and since she was a co-owner of CPCC, the business was state-qualified as … for immunity under La.

Whitfield v. Riley

District Court, E.D. Louisiana · Jun 24, 2021

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656. The steps can be analyzed in any order. … the lens of qualified immunity.”

Motton v. Lockheed Martin Corp.

900 So. 2d 901 · Louisiana Court of Appeal · Apr 6, 2005

Motton asserts she is not required to establish she was "clearly better qualified", but avers she did establish she was "clearly better qualified". … Motton was "clearly better qualified" than Mr. Henderson. Finally, Lockheed argues Ms. Motton failed to establish sex was the determinative factor in failing to promote her.

Solomon

District Court, W.D. Louisiana · Dec 5, 2025

Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established … is entitled to qualified immunity.”).

Isidore v. Victory Club, Inc.

923 So. 2d 747 · Louisiana Court of Appeal · Nov 30, 2005

At that point, if the party opposing the motion “fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact … Pegasus argued to the trial court that it was immaterial that Isidore was allegedly not watching the parade, but was instead working, because the statute clearly states that “No” person shall have a cause of action absent

Barnett v. City of Monroe

124 So. 2d 249 · Louisiana Court of Appeal · Oct 27, 1960

From a careful study, it clearly appears that plaintiffs' petition does not meet the objections raised by the exception. … tort, the municipality, as his employer, is not liable in damages therefor because of its immunity from such liability.

Larios v. Julio Gomez Martinez & Imperial Fire & Cas. Ins. Co.

239 So. 3d 1041 · Louisiana Court of Appeal · Feb 21, 2018

C.E. art. 803(6) permits the custodian of the record "or other qualified witness" to establish the essential foundational predicate. Id. … Funez on August 4, 2014, and does not establish that this finding was clearly wrong.

Rosemary Grimsley v. Liberty Mutual Insurance Company, James Construction Group, LLC, and State of Louisiana

Louisiana Court of Appeal · Aug 14, 2019

has met its burden of showing entitlement to the immunity afforded by La. … Albeit there were no reflectors on the barrier, the undisputed facts clearly show that measures were in place to alert motorists to any hazards at the intersection.

Latiolais v. BFI of Louisiana, Inc.

567 So. 2d 1159 · Louisiana Court of Appeal · Oct 3, 1990

Thus, if the "agreement" between Durand and Perry established a valid joint venture, as the jury found, Perry is immune from tort liability for plaintiff's accident. … This evidence was clearly admissible. In Dixie Campers, Inc. v. Vesely Company, 398 So.2d 1087 (La.1981), the Louisiana Supreme Court stated: "...

STATE ETC. v. City of Pineville

403 So. 2d 49 · Supreme Court of Louisiana · Jul 2, 1981

Civil Code establishes the general rule that all personal actions are prescribed by ten years, unless the specific action is governed by some other term of prescription. … The motion for summary judgment was also accompanied by a supporting affidavit in the record, which clearly states that no record can be found indicating that the city obtained the requisite approval.

State v. Murphy Cormier General Contractors, Inc.

15 La.App. 3 Cir. 111 · Louisiana Court of Appeal · Jun 3, 2015

The State alleges Murphy’s detrimental reliance claim does not sound in contract, and therefore the State is immune from suit. … The Code also sets forth in La.Civ.Code art.1927: A contract is formed by the consent of the parties established through offer and acceptance.

Burton v. Berthelot

567 So. 2d 649 · Louisiana Court of Appeal · Aug 31, 1990

In addition to the immunity afforded plaintiff's employer, La.R.S. 23:1032 provides immunity for stockholders, officers, and directors of a corporate employer. However, this immunity is limited. … The extreme impact on plaintiff's mental health is clearly rooted in his physical condition brought about by the accident at the restaurant.

Dunn v. Bryant

701 So. 2d 696 · Louisiana Court of Appeal · Sep 19, 1997

The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. … Such a result would clearly be contrary to the implicit intention of the legislature and the purpose of the Act. [5] Proof of financial responsibility is not an issue in this case because a policy of malpractice liability