Cited by

Opinions in Louisiana that cite Moresi v. State, Dept. of Wildlife & Fisheries, 567 So. 2d 1081.

125 citing documents.

Theron and Sherry Pfantz v. Dr. Dwight McKenna in His Capacity as the Coroner, Orleans Parish Coroner's Office, … La. Ct. App. 4th Cir. 2025
App. 4 Cir 6/14/06), quoting Moresi v. State Dep’t of Wildlife and Fisheries, (La.
Jordan Jones Favret v. John Favret, Kathy Favret, Justin Phipps Boyce, and Madison Gallo Boyce La. Ct. App. 4th Cir. 2023
(citing Moresi v. State Through Dep’t of Wildlife & Fisheries, (La.
Robin Leflore v. Valero Refining Meraux, LLC La. Ct. App. 4th Cir. 2023
3d at 950 (quoting Moresi v. State Through Dep’t. of Wildlife & Fisheries, (La.
Rashaud Brown v. Valero Refining Meraux, LLC La. Ct. App. 4th Cir. 2023
3d at 950 (quoting Moresi v. State Through Dep’t. of Wildlife & Fisheries, (La.
Christopher Vitrano v. Valero Refining Meraux, LLC La. Ct. App. 4th Cir. 2023
3d at 950 (quoting Moresi v. State Through Dep’t. of Wildlife & Fisheries, (La.
c/w 2022-cc-00539 c/w 2022-cc-00730 La. 2023
See Moresi v. State Through Dept. of Wildlife & Fisheries, (La.
Clayton Cangelosi Versus Jefferson Parish Council Jefferson Parish Council Chair Scott Walker and in Person: Byron Lee (Not … La. Ct. App. 5th Cir. 2022
Moresi v. State Through Dep’t of Wildlife & Fisheries, (La.
Gerald Taylor v. LTAC Hospital of Feliciana, LLC d/b/a AMG Specialty Hospital La. Ct. App. 1st Cir. 2022
Jason Hayes, Et Al. v. University Health Shreveport, Llc D/b/a Ochsner Lsu Health Shreveport And Ochsner Lsu Health … La. 2022
Lakeisha Mills, Felicity Mitchell, Roberta Ross, Natasha Graves, Ashley Suez, Kaleen Moses, Kathy Barbay, Jennifer Gaffney, And Adlai … La. Ct. App. 1st Cir. 2021
See Moresi v. State Through Department of Wildlife & Fisheries, ( La.
Lakeisha Mills, Felicity Mitchell, Roberta Ross, Natasha Graves, Ashley Suez, Kaleen Moses, Kathy Barbay, Jennifer Gaffney, And Adlai … La. Ct. App. 1st Cir. 2021
See Moresi v. State Through Department of Wildlife & Fisheries, ( La.
Thomas C. Dufreche v. Jeffrey Wayne Coco, Md and Internal Medicine Specialists, Inc. La. Ct. App. 4th Cir. 2020
The seminal case in Louisiana governing claims of negligent infliction of emotional distress without bodily harm is Moresi v. State Through Dep’t of Wildlife & Fisheries, (La.
Catherine J. Estis, Samuel C. Estis, and Thuy P. Estis v. Clifton L. Mills, Kimberly M. Mills, Twin … La. Ct. App. 2d Cir. 2019
Joshua L. Adams v. Union Pacific Railroad Company La. Ct. App. 3d Cir. 2019
Recovery for Mental Anguish Damages: Union Pacific argues that to receive mental anguish damages, the plaintiff must also suffer physical injury, property damage, or have special circumstances present that create a likelihood of distress
Joshua L. Adams v. Union Pacific Railroad Company La. Ct. App. 3d Cir. 2019
In support of this proposition, Union Pacific cites to the Louisiana Supreme Court case, wherein the plaintiffs sought “to recover on the basis that defendants’ ordinary negligence caused them only mental disturbance.” The court held that a 5 plaintiff, without bodily harm or property damage, may recover for mental injuries if the situation
Joshua L. Adams v. Union Pacific Railroad Company La. Ct. App. 3d Cir. 2019
In support of this proposition, Union Pacific cites to the Louisiana Supreme Court case, wherein the plaintiffs sought “to recover on the basis that defendants’ ordinary negligence caused them only mental disturbance.” The court held that a plaintiff, without bodily harm or property damage, may recover for mental injuries if the situation creates “the especial likelihood of genuine an
Joshua L. Adams v. Union Pacific Railroad Company La. Ct. App. 3d Cir. 2019
In support of this proposition, wherein the plaintiffs sought “to recover on the basis that defendants’ ordinary negligence caused them only mental disturbance.” The court held that a plaintiff, without bodily harm or property damage, may recover for mental injuries if the situation creates “the especial likelihood of genuine and
Joshua L. Adams v. Union Pacific Railroad Company La. Ct. App. 3d Cir. 2019
I find that the ‘special circumstances’ of a train derailment and resulting chemical spill and uncertain threat of chemical spill and evacuation which occurred in close proximity to plaintiff’s house are more serious and distressful circumstances than the circumstances presented in the cases of Moresi [v. State Through Department of Wildlife and Fisheries, ] and Bonnette [v. Conoco, Inc., 01-2767 (La.
Adams v. Union Pac. R.R. Co. 273 So. 3d 419 La. Ct. App. 1st Cir. 2019
Recovery for Mental Anguish Damages : Union Pacific argues that to receive mental anguish damages, the plaintiff must also suffer physical injury, property damage, or have special circumstances present that create a likelihood of distress, citing Moresi v. State Through Department of Wildlife and Fisheries
Pemella Williams v. the Board of Supervisors, of the Louisiana Community & Technical College Systems La. Ct. App. 3d Cir. 2019
In Moresi v. Dep’t of Wildlife and Fisheries, the Louisiana Supreme Court, in interpreting Harlow, 457 U.S. 800, developed a two- part test to determine if a particular official was entitled to qualified immunity.
Williams v. Bd. of Supervisors 272 So. 3d 84 La. Ct. App. 1st Cir. 2019
In Moresi v. Dep't of Wildlife and Fisheries , the Louisiana Supreme Court, in interpreting Harlow , 457 U.S. 800 , 102 S.Ct.
Pelitire v. Rinker 270 So. 3d 817 La. Ct. App. 1st Cir. 2019
Moresi v. State Through Dep't of Wildlife and Fisheries , , 1096 (La.
Carter v. Pointe Coupee Parish Sch. Board 268 So. 3d 1064 La. Ct. App. 1st Cir. 2018
11/2/12), ( , 1095-96 (La.
Simmons v. State 255 So. 3d 701 La. Ct. App. 1st Cir. 2018
App. 4 Cir. 6/14/06), , 237, quoting Moresi v. State Through Dep't of Wildlife and Fisheries , , 1096 (La.
Robert J. Broussard v. Multi-Chem Group, LLC La. Ct. App. 3d Cir. 2018
This court reversed the lower courts’ rulings that the plaintiffs were entitled to damages for the fear of developing asbestos related cancer, citing the holding in Moresi v. State, Dept. of Wildlife & Fisheries
Broussard v. Multi-Chem Grp., LLC 252 So. 3d 509 La. Ct. App. 1st Cir. 2018
This court reversed the lower courts' rulings that the plaintiffs were entitled to damages for the fear of developing asbestos related cancer, citing the holding in Moresi v. State, Dept. of Wildlife & Fisheries
Broussard v. Multi-Chem Grp., LLC 255 So. 3d 661 La. Ct. App. 1st Cir. 2018
This court reversed the lower courts' rulings that the plaintiffs were entitled to damages for the fear of developing asbestos related cancer, citing the holding in Moresi v. State, Dept. of Wildlife & Fisheries
Holmes v. Lea 250 So. 3d 1004 La. Ct. App. 1st Cir. 2018
Moresi v. State, Department of Wildlife and Fisheries , , 1096 (La.
Williams v. Parish of St. Bernard 206 So. 3d 259 La. Ct. App. 4th Cir. 2016
Bach v. Board of River Port Pilot Commissioners 193 So. 3d 355 La. Ct. App. 1st Cir. 2016
Moss v. Town of Rayville 181 So. 3d 809 La. Ct. App. 2d Cir. 2015
Moresi v. State, Through Dept. of Wildlife & Fisheries, Covington v. Howard, 49,135 (La.App.2d Cir.8/13/14), , writ denied, 14-1927 (La.11/21/14), .
Bilbe v. Foster 176 So. 3d 542 La. Ct. App. 1st Cir. 2015
England v. Fifth Louisiana Levee District 167 So. 3d 1105 La. Ct. App. 2d Cir. 2015
Discussing the leading Louisiana Supreme Court case, Moresi v. State, through Dep’t of Wildlife & Fisheries, we found that the *1113 jurisprudence has “limited recovery for NIED to those cases that involved facts where the defendant’s conduct was outrageous or deemed outrageous because the defendant breached a special direct duty to the plaintiff and where the resulting mental distress the plaintiff suffered was e
Gonzales v. Ochsner Clinic Foundation 170 So. 3d 1099 La. Ct. App. 1st Cir. 2015
5 Cir. 05/30/00) , (citing Moresi v. Dept. of Wildlife & Fisheries, ).
Covington v. Howard 146 So. 3d 933 La. Ct. App. 2d Cir. 2014
The court also noted that there was some property damage to the plaintiffs vehicle that distinguished the case from Moresi v. State, Through Dept, of Wildlife & Fisheries
Doe v. University Healthcare Systems, L.L.C. 145 So. 3d 557 La. Ct. App. 1st Cir. 2014
Recovery for negligent infliction of emotional distress has been limited to those cases involving the "especial likelihood of genuine and serious mental distress, arising from special circumstances, which serves as a guarantee that the claim is not spurious.”
Bailey v. DeLaCruz 143 So. 3d 1220 La. Ct. App. 2d Cir. 2014
Moresi v. State Through Dept, of Wildlife and Fisheries, William Prosser & K. Page Keeton, Handbook of the Law of *1231 Torts § 54, at 361 (5th ed.).
Brown v. City of Monroe 135 So. 3d 792 La. Ct. App. 2d Cir. 2014
See, see also, Barrino v. East Baton Rouge Parish School Bd., 96-1824 (La.App.lst Cir.06/20/97), .
Lester v. Exxon Mobil Corp. 120 So. 3d 767 La. Ct. App. 1st Cir. 2013
t infliction of emotional distress absent physical injury is that the plaintiff must show an “especial likelihood of genuine and serious mental distress, arising from the special circumstances, which serves as a guarantee that the claim is not spurious.” Bonnette v. Conoco, Inc., 01-2767, pp. 22-23 (La.1/28/03), , 1234 citing Moresi v. State Through Dep’t of Wildlife and Fisheries
Seals v. Omni Bank Insurance Companies 104 So. 3d 667 La. Ct. App. 1st Cir. 2012
See Moresi v. State Through Dep’t of Wildlife and Fisheries
Derek Page v. H. Cookie Benson La. Ct. App. 3d Cir. 2012
Moresi v. State through Dep’t of Wildlife Fisheries, see, e.g., Johnson v. First Nat’l Bank of Shreveport , 00-870 (La.App.
Page v. Benson 101 So. 3d 545 La. Ct. App. 1st Cir. 2012
Moresi v. State through Dep’t of Wildlife Fisheries, see, e.g., Johnson v. First Nat’l Bank of Shreveport, 00-870 (La.App.
Moore v. Stewart 94 So. 3d 1018 La. Ct. App. 2d Cir. 2012
Jenkins v. Washington & Wells, L.L.C., 46,825 (La.App.2d Cir.01/25/12), , writ denied, 12-0427 (La.04/09/12), .
Duncan v. Bartholomew 88 So. 3d 698 La. Ct. App. 1st Cir. 2012
The “general rule followed by the great majority of jurisdictions” is that “if the defendant’s conduct is merely negligent and causes only mental disturbance, without accompanying physical injury, illness or other physical consequences, the defendant is not liable for such emotional disturbance.” Moresi v. State, Through Dept. of Wildlife and Fisheries
Smith v. Coffman 87 So. 3d 137 La. Ct. App. 2d Cir. 2012
(La1991);is Moresi v. State, Through Dept. of Wildlife and Fisheries
Eleanor Gremillion v. Bellsouth Telecommunications,inc. D/B/A At&t Louisiana La. Ct. App. 3d Cir. 2012
t has explained that in order to recover for mental anguish, without a showing of physical harm or injury, caused by another party’s negligence, a plaintiff must show “the especial likelihood of genuine and serious mental distress, arising from the special circumstances, which serves as a guarantee that the claim is not spurious.” Moresi v. State, through the Dep’t of Wildlife and Fisheries
Prest v. Louisiana Citizens Property Insurance 85 So. 3d 729 La. Ct. App. 1st Cir. 2012
Moresi v. State Through Dept. of Wildlife & Fisheries, -1096 (La.1990).
Jenkins v. Washington & Wells, L.L.C. 86 So. 3d 666 La. Ct. App. 2d Cir. 2012
Moresi v. State Through Dept. of Wildlife & Fisheries, Dumas v. Angus Chemical Co., 31,400 (La.App.2d Cir.01/11/99), , writ denied, 99-0751 (La.04/80/99), .
Christy v. McCalla 79 So. 3d 293 La. 2011
See Moresi v. State, Dept, of Wildlife & Fisheries, (analyzing hunters’ claims of unreasonable search and seizure, a plurality of this court answered affirmatively the question of whether plaintiffs could recover damages for violations of their rights under the state constitution, explaining that “[historically, damages have been regarded as the appropr
Ricks v. KENTWOOD OIL CO., INC. 38 So. 3d 363 La. Ct. App. 1st Cir. 2010
Bonnette v. Conoco, Inc., 2001-2767, p. 24 (La.1/28/03), (citing Moresi v. State, Dep't of Wildlife & Fisheries, ).