Case law

Maurer v. St. Tammany Parish School Board

District Court, E.D. Louisiana · Sep 29, 2020

statutes, local ordinances, existing rules, contractual provisions, or mutually explicit understandings.”65 Property interests are not created by unilateral expectation: “[t]o have a property interest in a benefit, a person clearly … Immunity to Suit Regarding a school employee’s immunity to suit, Louisiana Revised Statute § 17:439(A) states:

Sherman v. Danos, LLC

District Court, E.D. Louisiana · Jul 1, 2024

For avoidance of doubt, nothing in this Contract is intended or shall be construed to create or establish any agency, joint venture, or partnership between the Parties. … While the Fifth Circuit has noted that the reality at the worksite and the parties’ actions in carrying out a contract can impliedly modify, alter, or waive express contract provisions,172 the MSC clearly states that no

Carleton Construction, Ltd. v. Southern States Plumbing, Inc.

827 F. Supp. 2d 659 · District Court, E.D. Louisiana · Oct 26, 2011

The revision comments make clear that a compromise “must clearly express” those rights which it settles. … Carleton argues that several clauses unambiguously establish that Carleton is entitled to indemnity from Southern States.

Emrit v. International Court of Justice in Hague, Netherlands

District Court, E.D. Louisiana · Apr 21, 2025

authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly … Thus, Plaintiff fails in his burden to establish subject matter jurisdiction.27 22 Wesson v.

Whiticar v. New Orleans City

District Court, E.D. Louisiana · Oct 8, 2019

However, in his Opposition to this Motion to Dismiss, Whiticar attempted to refine his argument by claiming his due process rights were violated because, “the right NOPD violated was protected by clearly established law … In order to possess juridical capacity under Louisiana law, an entity must qualify as a “juridical person.” Dugas v. City of Breaux Bridge Police Dep't, 1999- 1320, p. 3 (La. App. 3 Cir. 02/02/00); 757 So. 2d 741, 743.

Paulin v. United States Department of Homeland Security

District Court, E.D. Louisiana · Mar 30, 2022

is how an employee qualifies for a promotion to a new FQS position.12 Employees are considered “qualified” in their FQS position once they complete the “task book” that corresponds with that position … out to all who would listen that he was vastly—or even clearly—more qualified for the subject job.’”

Illinois Union Insurance Co. v. Louisiana Health Service & Indemnity Co.

257 F. Supp. 3d 763 · District Court, E.D. Louisiana · Jun 12, 2017

Blue Cross improperly reduced the amount of its reimbursement payments to Omega Hospital for medical services and supplies. 28 Blue Cross argues that damages resulting from Omega Hospital’s tort-based causes of action are clearly … it is entitled to summary judgment on Illinois Union’s claims for declaratory relief, as well as Blue Cross’s claims for declaratory relief and breach of contract, because Blue Cross asserts that the damages it does seek clearly

Moore v. Centralized Management Services, LLC

District Court, E.D. Louisiana · Feb 28, 2020

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 … Although Moore has not proved that he has a qualifying disability, he may yet establish a prima facie claim under the ADA by demonstrating that Defendants regarded him as disabled.

Davis ex rel. Davis v. East Baton Rouge Parish School Board

269 F. Supp. 60 · District Court, E.D. Louisiana · May 8, 1967

The dissenting opinions filed by Judges Gewin, Bell and Coleman clearly and meticulously point out the sheer absurdity and absolute unconstitutionality of the majority opinion. … other professional staff members are to be displaced as a result of desegregation, no staff vacancy in the school system shall be filled through recruitment from outside the system unless no such displaced staff member is qualified

D'Aquin v. Fedex Corporation

District Court, E.D. Louisiana · Aug 18, 2025

Upon consideration of the testimony and evidence in the record, the Court concludes that Mr. d’Aquin has established that he is unable to pay the filing fee and he is entitled to proceed without prepayment of costs under … “A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges violation of a legal interest which clearly does not exist.” Samford v.

Aminoil USA, Inc. v. OKC Corp.

629 F. Supp. 647 · District Court, E.D. Louisiana · Mar 5, 1986

Clearly OKC’s objection to all expert accounting testimony in this case is improper. … The evidence introduced into the record at the trial of this matter clearly established that the net profit accounting provisions of the farmout prohibit OKC’s attempt to charge legal expenses related to this lawsuit and

United States v. Davis

180 F. Supp. 2d 797 · District Court, E.D. Louisiana · Aug 30, 2001

There are no strict prerequisites that must be established prior to qualifying for amicus status; an individual seeking to appear as amicus must merely make a showing that his participation is useful to or otherwise desirable … The Fifth Circuit reversed the conviction on the basis of Faretta , and declared the following: [T]he rule that we establish today is that court-appointed standby counsel is “to be seen, but not heard.”

Thomas v. Tewis

District Court, E.D. Louisiana · May 12, 2025

There, the Officers argued Plaintiff was unable to establish with competent evidence that she suffered more than a de minimis injury. Id. at pp. 9-11. … “A jury very well might find [Plaintiff’s] evidence incredible” at trial and the Court notes that “qualified immunity remains a possible defense.” R. Doc. 133 at p. 4, n. 1.

Addison v. Louisiana Regional Landfill Company

District Court, E.D. Louisiana · Jul 16, 2024

2017 to May 2019; and the Waste Connections Defendants, which operated the Landfill from May 2013 to December 2020.10 On November 5, 2019, the Court issued the first Case Management Order (“CMO”), which established … billion for thirty minutes “is sufficient by itself for individuals generally to be able to smell hydrogen sulfide and for the exposure to cause a reaction.”16 Having found that Plaintiffs established general causation

Toy v. State Farm Fire and Casualty Company

District Court, E.D. Louisiana · Apr 23, 2025

Plaintiff asserts that State Farm’s documents do not qualify as trade secret or confidential information, State Farm has not established good cause with a particular and specific demonstration of facts as distinguished … and the party seeking protection must establish that sealing of a document marked confidential is necessary.

Williams v. Solar Alternatives Inc

District Court, E.D. Louisiana · Jul 18, 2023

court “must sua sponte dismiss [the case] at any time if it determines that the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … CONCLUSION Plaintiff has established his inability to pay fees under 28 U.S.C. § 1915(a)(1)(2).

Fucich Contracting, Inc. v. Shread-Kuyrkendall and Associates, Incorporated

District Court, E.D. Louisiana · Aug 21, 2019

from the Parish’s counterclaim under the Louisiana Contractor Immunity Statute, La. … The party asserting ratification must prove that the principal clearly intended to ratify the act. Id.

Sencial

District Court, E.D. Louisiana · Apr 15, 2026

Further, Defendants assert that Sencial failed to show that his right to be free from the use of excessive force was violated, that they are entitled to qualified immunity in their individual capacities, Sencial does not … Further, Sencial states that Defendants are not entitled to qualified immunity as he was maliciously attacked and that Deputy Banks’s intimidation prevented him from seeking medical care and contributed to his lasting injury

O'Keefe v. Smoothie King Franchises, Inc.

District Court, E.D. Louisiana · Sep 9, 2025

McCann distilled his findings down into two opinions: SK USA Holdings’ recent sale of preferred stock establishes an estimate of $3,164 per option on Plaintiffs’ options … McCann clearly is qualified to express the opinions he has provided in this case. In fact, the Defendants do not question his qualifications. The Court finds Dr.

Evans v. Lopinto

District Court, E.D. Louisiana · Jun 24, 2022

municipal liability in an episodic act case, a plaintiff must show “(1) that the municipal employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate indifference; and … ™ including from “self-inflicted injury.””°° Evans’ suicide was clearly within the scope of the risk imposed by the duty.