Cited by
Opinions in Louisiana that cite Moresi v. State, Dept. of Wildlife & Fisheries, 567 So. 2d 1081.
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Dennis v. Wiley
22 So. 3d 189
La. Ct. App. 1st Cir. 2009
see also Barrino v. East Baton Rouge Parish School Bd., 96-1824 (La.App.
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Air Supply, Inc. v. Wahlder
10 So. 3d 896
La. Ct. App. 3d Cir. 2009
Moresi v. State, Department of Wildlife and Fisheries
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Air Supply, Inc. v. Michael M. Wahlder
La. Ct. App. 3d Cir. 2009
Moresi v. State, Department of Wildlife and Fisheries
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Barringer v. Robertson
994 So. 2d 156
La. Ct. App. 1st Cir. 2008
See Moresi v. State, Through Dept. of Wildlife and Fisheries, (La.
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Wilson v. Davis
991 So. 2d 1052
La. Ct. App. 1st Cir. 2008
Moresi v. State through Dept. of Wildlife & Fisheries
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RIVERSIDE TRANSPORTATION INC. v. Burke
978 So. 2d 1261
La. Ct. App. 1st Cir. 2008
3/20/98), , (citing Moresi v. State, Department of Wildlife and Fisheries, (La.
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Johnson v. Orleans Parish School Bd.
975 So. 2d 698
La. Ct. App. 4th Cir. 2008
Bonnette v. Conoco, Inc., 2001-2767 (La.1/28/03), .
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Coutee v. Beurlot
964 So. 2d 304
La. 2007
[5] As these alleged damages are unaccompanied by physical injury and are insufficient to 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[,]" even recovery for negligent infliction of emotional distress is inappropriate.
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Doerr v. Mobil Oil Corp.
935 So. 2d 231
La. Ct. App. 4th Cir. 2006
Bonnette v. Conoco, Inc., 2001-2767 (La.1/28/03), .
- Doe v. Smith 913 So. 2d 140 La. Ct. App. 4th Cir. 2005
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Boudreaux v. State, Department of Transportation
906 So. 2d 695
La. Ct. App. 1st Cir. 2005
3rd Cir.6/20/01), , writs denied, 01-2770, 01-2783 (La.1/4/02), , 213 (quoting Moresi v. State Through Department of Wildlife & Fisheries, ).
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Boudreaux v. STATE, DEPT. OF TRAN. AND DEV.
906 So. 2d 695
La. Ct. App. 1st Cir. 2005
3rd Cir.6/20/01), , writs denied, 01-2770, 01-2783 (La.1/4/02), , 213 (quoting Moresi v. State Through Department of Wildlife & Fisheries, ).
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Howard v. Union Carbide Corp.
897 So. 2d 768
La. Ct. App. 5th Cir. 2005
Bonnette v. Conoco, 02-1767 (La.1/28/03), , citing Moresi v. State, Dept. of Wildlife & Fisheries
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Doe v. Breedlove
906 So. 2d 565
La. Ct. App. 1st Cir. 2005
Moresi v. State, Department of Wildlife and Fisheries
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Doe v. Dunn
890 So. 2d 727
La. Ct. App. 2d Cir. 2004
Moresi v. Dept. of Wildlife & Fisheries, Succession of Harvey v. Dietzen, 97-2815 (La.App.
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Distinguished
Bonnette v. Conoco, Inc.
837 So. 2d 1219
La. 2003
In Moresi v. State, Dept. of Wildlife & Fisheries, this court held that a defendant will generally not be held liable where his conduct is merely negligent and causes only emotional injury unaccompanied by physical injury.
- Boudreaux v. STATE, DOTD 815 So. 2d 7 La. 2002
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Bonnette v. Conoco, Inc.
801 So. 2d 501
La. Ct. App. 3d Cir. 2002
To support their arguments, Conoco relies on Moresi v. State, Through Department of Wildlife and Fisheries
- Lann v. Davis 793 So. 2d 463 La. Ct. App. 2d Cir. 2001
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Young v. First National Bank of Shreveport
794 So. 2d 128
La. Ct. App. 2d Cir. 2001
Moresi v. Dept. of Wildlife & Fisheries, Beis v. Bowers, 94-0178 (La.App.
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Johnson v. First Nat. Bank of Shreveport
792 So. 2d 33
La. Ct. App. 3d Cir. 2001
In support of this argument, the Defendants cite Moresi v. State Through Dept. of Wildlife & Fisheries, and Dumas v. Angus Chem.
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Jackson v. State Ex Rel. Dept. of Corrs.
785 So. 2d 803
La. 2001
As this Court discussed in Moresi v. State, Through Dep't of Wildlife and Fisheries, Harlow established a two part test under which a public official may claim his conduct is protected by qualified immunity: First, the court must look to currently applicable law and determine whether the law was clearly established at the time the action in question occurred.
- INVESTMENT MGMT. SVCS., INC. v. Village of Folsom 808 So. 2d 597 La. Ct. App. 1st Cir. 2001
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Richardson v. Home Depot USA
808 So. 2d 544
La. Ct. App. 1st Cir. 2001
Moresi v. State, Department of Wildlife and Fisheries, quoting the Restatement of Torts (2d) § 46(1).
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Touchard v. Slemco Electric Foundation
769 So. 2d 1200
La. 2000
The court of appeal concluded that there was no indication that Ms. Touchard's pre-existing mental condition was not genuine; and further concluded that "special circumstances" existed discounting any doubt that her claim was spurious, based on our decision in Moresi v. State, Through Dep't of Wildlife and Fisheries
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State v. Smith
766 So. 2d 501
La. 2000
(emphasis in original); see also, -65 (La.1993); Moresi v. Dept. of Wildlife & Fisheries, -1093 (La.
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Bacas v. Falgoust
760 So. 2d 1279
La. Ct. App. 5th Cir. 2000
Moresi v. Dept. of Wildlife & Fisheries, -96 (La.1990).
- Sommer v. STATE, DEPT. OF TRANSP. DEVELOPMENT 758 So. 2d 923 La. Ct. App. 4th Cir. 2000
- Sommer v. State, Department of Transportation & Development 758 So. 2d 923 La. Ct. App. 1st Cir. 2000
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McCoy v. City of Monroe
747 So. 2d 1234
La. Ct. App. 2d Cir. 1999
Arledge v. Sherrill, supra .
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Touchard v. Slemco Electric Foundation
745 So. 2d 1232
La. Ct. App. 1st Cir. 1999
Moresi v. State, through Dep’t of Wildlife and Fisheries
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State v. Waters
751 So. 2d 290
La. Ct. App. 1st Cir. 1999
Moresi v. State, Department of Wildlife and Fisheries, -87 (La.1990).
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Arledge v. Sherrill
738 So. 2d 1215
La. Ct. App. 2d Cir. 1999
Moresi v. State, Department of Wildlife and Fisheries
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Ortego v. Landry
746 So. 2d 613
La. Ct. App. 1st Cir. 1999
provides what a plaintiff must show for a successful § 1983 claim, to-wit: To recover under Sec.1983, a plaintiff must allege and prove two essential elements.
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Keller v. McElveen
744 So. 2d 643
La. Ct. App. 1st Cir. 1999
See Moresi v. Dept. of Wildlife & Fisheries
- Falcon v. Our Lady of Lake Hosp., Inc. 729 So. 2d 1169 La. Ct. App. 1st Cir. 1999
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Lilley v. BOARD OF SUP'RS OF STATE UNIV.
735 So. 2d 696
La. Ct. App. 3d Cir. 1999
2113 , 138 L.Ed.2d 560 (1997)
- Terrebonne Parish Consolidated Government v. Houma Municipal Fire & Police Civil Service Board 729 So. 2d 1082 La. Ct. App. 1st Cir. 1999
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Arco Oil & Gas Co. v. DeShazer
728 So. 2d 841
La. 1999
Moresi v. State, Through Dept. Of Wildlife & Fisheries
- Dumas v. Angus Chemical Co. 728 So. 2d 441 La. Ct. App. 2d Cir. 1999
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Dragon v. Cooper/T. Smith Stevedoring
726 So. 2d 1006
La. Ct. App. 4th Cir. 1999
Moresi v. State, Through Department of Wildlife and Fisheries
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Vallier v. Louisiana Health Systems, Inc.
722 So. 2d 418
La. Ct. App. 3d Cir. 1998
The court in Vallery recognized that "our *420 Supreme Court limited recovery for negligent infliction of emotional distress"in the seminal case of Moresi v. State, Through Department of Wildlife & Fisheries
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Harrison v. State
721 So. 2d 458
La. 1998
State v. Moreno, supra at 65 (citing Moresi v. State, Dept. of Wildlife and Fisheries, ) (citing U.S. v. Cortez, 449 U.S. 411, 417 , 101 S.Ct.
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Succession of Harvey v. Dietzen
716 So. 2d 911
La. Ct. App. 4th Cir. 1998
Moresi v. Dept. of Wildlife & Fisheries, -96 (La.
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Crockett v. Cardona
713 So. 2d 802
La. Ct. App. 4th Cir. 1998
Moresi v. State of Louisiana, Through the Department of Wildlife & Fisheries, (clarifying the circumstances where mental distress damages may be recovered because of the likelihood of emotional distress).
- Walker v. Allen Parish Health Unit 711 So. 2d 734 La. Ct. App. 3d Cir. 1998
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McVay v. Delchamps, Inc.
707 So. 2d 90
La. Ct. App. 5th Cir. 1998
The Supreme Court, cited the following cases for this proposition: Pecoraro v. Kopanica, 173 So.
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Lambert v. RIVERBOAT GAMING ENFORC. DIV.
706 So. 2d 172
La. Ct. App. 1st Cir. 1997
Moresi v. State, Department of Wildlife and Fisheries
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Powell v. Brookshire's Grocery Co., Inc.
705 So. 2d 286
La. Ct. App. 2d Cir. 1997
Moresi v. State, Department of Wildlife and Fisheries, Barrino v. East Baton Rouge Parish School Board, supra; Norred v. Radisson Hotel Corporation, supra.
- Webb v. Theriot 704 So. 2d 1211 La. Ct. App. 3d Cir. 1997