Cited by
Opinions in Louisiana that cite Stephens v. Natchitoches Parish School Board, 115 So. 2d 793.
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canal/claiborne, Limited v. Stonehedge Development, LLC
156 So. 3d 627
La. 2014
166 , (1959); , (1959).” Canal/Claiborne, No. 14-0664, op.
- Kimball v. Allstate Ins. Co. 712 So. 2d 46 La. 1998
- Chamberlain v. State, Through DOTD 624 So. 2d 874 La. 1993
- Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co. 273 So. 2d 19 La. 1973
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Criticized
Gremillion v. State ex rel. Department of Hospitals
264 So. 2d 784
La. Ct. App. 1st Cir. 1972
166 , (1959) , (1959), the Supreme Court decided that a waiver of immunity from suit did not waive immunity from liability.
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Reymond v. State Ex Rel. Department of Highways
231 So. 2d 375
La. 1970
166 , , , , which had differentiated between waiver •of immunity from suit* and waiver of immunity from liability.
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Herrin v. Perry
228 So. 2d 649
La. 1969
2d 594 , , , holding that whenever the Legislature authorized suit under Section 35 of Article III of the Constitution of 1921, as amended pursuant to Act No. 385 of 1946, it simply waived the traditional immunity of the state and its subdivisions from suit and such authorization did not constitute a waiver of th
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Compass v. Department of Highways
224 So. 2d 102
La. Ct. App. 1st Cir. 1969
166 , , (rehearing denied October 9, 1959), , , (rehearing denied December 14, 1959), holding thát whenever the Legislature authorized suit under Section 35 of Article 3 of the Constitution of 1921, as amended pursuant to Act No. 385 of 1946, it simply waived the traditional immunity of the state and its subdivisions from suit and did not constitu
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Herrin v. Perry
215 So. 2d 177
La. Ct. App. 1st Cir. 1968
166 , , , held that legislative authorization to sue the State or one of its agencies, in an action ex delicto, constituted merely a waiver of immunity from suit and did not waive governmental immunity from liability.
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Pierce v. Fidelity and Casualty Co. of New York
205 So. 2d 831
La. Ct. App. 1st Cir. 1967
adhered to the Duree decision and extended its holding to state subdivisions.
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Southern Construction Co. v. Housing Authority of Opelousas
189 So. 2d 454
La. Ct. App. 1st Cir. 1966
and Duree v. Maryland Casualty Company, 238 La.
- Lezina v. Fourth Jefferson Drainage District 190 So. 2d 97 La. Ct. App. 4th Cir. 1966
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Pelloat v. Greater New Orleans Expressway Commission
175 So. 2d 656
La. Ct. App. 1st Cir. 1965
166 , , , , followed, holding that legislative waiver of tort immunity of public bodies did not waive liability or create a cause of action.
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Hamilton v. City of Shreveport
174 So. 2d 529
La. 1965
166 , , (rehearing denied October 9, 1959), , , (rehearing denied December 14, 1959), holding that whenever the Legislature authorized suit under Section 35 of Article 3 of the Constitution of 1921, as amended pursuant to Act No. 385 of 1946, it simply waived the traditional immunity of the state and its subdivisions from suit and did not constitu
- Pittman Const. Co. v. Housing Auth. of New Orleans 169 So. 2d 122 La. Ct. App. 4th Cir. 1965
- JEFFERSON PAR. SCH. BD. v. Jefferson Par. Dem. Ex. Com. 163 So. 2d 348 La. 1964
- Jefferson Parish School Board v. Jefferson Parish Democratic Executive Committee 163 So. 2d 348 La. 1964
- Osborn Funeral Home, Inc. v. Louisiana State Board of Embalmers 149 So. 2d 225 La. Ct. App. 1st Cir. 1963
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Musmeci v. American Automobile Insurance Company
146 So. 2d 496
La. Ct. App. 4th Cir. 1962
166 , , , , an injured claimant cannot have a cause of action against the Levee Board even where the Legislature grants permission to sue the State or its agency.
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Tucker v. Marquette Casualty Co.
138 So. 2d 25
La. Ct. App. 1st Cir. 1962
166 , , , , innumerable actions of the kind with which we are here concerned were filed against the State of Louisiana, its agencies and political subdivisions predicated upon legislative acts *30 similar to Act 676 of 1954 which is the basis of the plaintiff’s action herein.
- Stephens v. Natchitoches Parish School Board 137 So. 2d 116 La. Ct. App. 2d Cir. 1962
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Terrebonne Parish School Board v. St. Mary Parish School Board
138 So. 2d 104
La. 1961
166 , , , holding that, under the clear language of Section 35 of Act 3, the Legislature could waive only immunity of the State and its agencies from suit but not their immunity from liability.
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Terrebonne Parish Sch. Bd. v. St. Mary Parish Sch. Bd.
131 So. 2d 266
La. Ct. App. 1st Cir. 1961
School boards are agencies of the State of Louisiana as administrators of a system of public education which is a , .
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Nash v. Rapides Parish School Board
130 So. 2d 544
La. Ct. App. 1st Cir. 1961
166 , , , which held that legislative authorization to sue the State, or an agency thereof, in an action ex delicto constituted merely a waiver of immunity from suit and did not waive governmental immunity from liability for the negligence of an employee, and furthermore that any attempted legislative waiver o
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Fullilove v. US Casualty Company of New York
129 So. 2d 816
La. Ct. App. 2d Cir. 1961
Because there were certain cases, notably that of Duree, supra, , , where the suits had been finally dismissed, so that relief through the courts was no longer possible, the amending provision provided: "In the case of any such claim on which suit heretofore has been authorized by the Legislature, and the suit was dismissed on the ground that the defendant's immunity
- Bond v. City of Baton Rouge 129 So. 2d 887 La. Ct. App. 1st Cir. 1961
- Franks v. City of Alexandria 128 So. 2d 310 La. Ct. App. 3d Cir. 1961
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Brown v. Parish of East Baton Rouge
126 So. 2d 173
La. Ct. App. 1st Cir. 1960
166 , , , overrule the jurisprudence established in Clinton v. City of West Monroe, La.App., 187 So.
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McFarland v. Illinois Central Railroad Company
122 So. 2d 845
La. Ct. App. 1st Cir. 1960
Learned counsel for plaintiff contends that in determining the award to plaintiff Patsy Lee Kelly McFarland for loss of support we should indulge in a , , , and Day v. National U. S. Radiator Corporation, La.App., , pursuant to which an award of $83,500 would be made to said plaintiff herein.
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Hightower v. Dr. Pepper Bottling Co. of Shreveport
117 So. 2d 642
La. Ct. App. 2d Cir. 1960
It is also apparent, from even a casual reference, that the reversal of our judgment in the Stephens case, as effected by the Supreme Court, , , was predicated solely on the question as to whether the act of the Legislature authorizing a plaintiff to file the suit, waived not only the State's immunity from suit but also its immunity from liability for torts.
- Toppi v. Arbour 119 So. 2d 621 La. Ct. App. 1st Cir. 1960
- Cotton v. Bossier Parish School Board 117 So. 2d 682 La. Ct. App. 1st Cir. 1960