Case law

Hicks v. Crown Zellerbach Corporation

319 F. Supp. 314 · District Court, E.D. Louisiana · Nov 6, 1970

Since the testing program in this case clearly violates Title VII, its use for any members of the class will be permanently enjoined. … The Court heard two days of expert testimony on this issue by highly qualified professional psychologists called by both plaintiffs and defendants and received extensive deposition testimony from other experts. 9 .

Perkins v. United States Deptartment of Agriculture

399 F. Supp. 1371 · District Court, E.D. Louisiana · Aug 5, 1975

Government defense of sovereign immunity or failure to exhaust administrative remedies with no certainty as to the steps required to exhaust such remedies. … Clearly, private employees had more than the mere right to have their EEOC record reviewed by courts.

Matter of Ta Chi Navigation (Panama) Corp., SA

513 F. Supp. 148 · District Court, E.D. Louisiana · Mar 30, 1981

These failures of the master are, at the least, errors in navigation, and therefore qualify, at least initially, for exemption from liability for cargo damages under § 1304(2)(a). … While COGSA clearly establishes that a showing of seaworthiness is not a condition precedent to a finding of nonliability under the COGSA exemptions, the two concepts are not necessarily mutually exclusive.

United States v. Marcello

280 F. Supp. 510 · District Court, E.D. Louisiana · Mar 1, 1968

In fact, the above statement shows that defendant definitely and clearly did not want to abandon the motion. … This right is clearly waived when the defendant seeks a change of venue.

Holliday v. Goodell

District Court, E.D. Louisiana · Mar 6, 2025

Based on Plaintiff’s affidavit, he has established that he is financially unable to pay fees in this matter, as required by 28 U.S.C. § 1915. B. … defendant who is immune.”8 This statutory review mandate applies equally to prisoner and non- prisoner in forma pauperis cases.9 A claim is “frivolous where it lacks an arguable

Shannon v. Jackson

District Court, E.D. Louisiana · Jun 27, 2023

are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … CONCLUSION Plaintiff has established her inability to pay fees under 28 U.S.C. § 1915(a)(1)(2).

Cortez v. Custard

District Court, E.D. Louisiana · Jun 11, 2024

immunity. … The party offering the testimony must establish its reliability by a preponderance of the evidence. See Moore v. Ashland Chem. Inc., 151 F.3d 269, 276 (5th Cir. 1998). Expert testimony must also be relevant.

Veritext Corp. v. Bonin

District Court, E.D. Louisiana · May 27, 2022

establishing a standard of competency for those persons engaged in it.” LA. STAT. ANN. § 37:2551(A) (2021). … There, they claimed plaintiffs cannot avoid “Eleventh Amendment immunity by ‘qualifying’ their injunctive relief to enforcement taken ‘for the purpose of’ attacking alleged volume-based discounts

In Re: Tara Crosby LLC

District Court, E.D. Louisiana · Apr 28, 2021

P. 30 (a)(4). 3 “The party seeking to take depositions by video-teleconferencing must establish a legitimate reason for its motion.” … “Any party opposing such depositions has the burden to establish good cause as to why they should not be conducted in such manner.” Brown v. Carr, 236 F.R.D. 311, 312 (S.D. Tex. 2006).

United States v. Central Gulf Steamship Corporation

340 F. Supp. 473 · District Court, E.D. Louisiana · Feb 24, 1972

At 362, 29 S.Ct. at 365 . 4 In Schnell, the Court shed further light on how to qualify the general rule that a carrier must prove the applicability of an excepted cause of damage. … Neither case clearly enunciates when the burden of going forward shifts from the shipper to the carrier, nor is either one clear on whether the burden shifts back to the shipper.

Henderson v. Stalder

112 F. Supp. 2d 589 · District Court, E.D. Louisiana · Aug 29, 2000

There is no requirement in the Act that grantees be affiliated with any religious denomination, although the Act clearly does not rule out grants to religious organizations. … The services to be provided under AFLA are not religious in character... nor has there been any suggestion that religious institutions or organizations with religious ties are uniquely well qualified to carry out those services

Hulin v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Oct 14, 2020

If Congress clearly intended the statute to be retroactive, the inquiry ends. Id. … Clearly, he has not.

Banks v. First Student Management LLC

237 F. Supp. 3d 397 · District Court, E.D. Louisiana · Feb 15, 2017

Compare Valcho, 658 F.Supp.2d at 811 (“As is suggested in the definition of ‘gap time’ claims, courts generally recognize claims for unpaid straight-time pay when the employee has worked overtime qualifying hours during that … Thus, the National Agreement clearly contains a grievance procedure for an employee to utilize when they have “issues of national or regional significance including but not limited to company Policies like the Freedom of

Offshore Tel. Co. v. M/V WATERBUCK, M/V STATE POINT

465 F. Supp. 1160 · District Court, E.D. Louisiana · Feb 21, 1979

Liability of Penrod Drilling Company Considering the issue of Penrod’s liability it is noted at the outset that the plaintiff did not establish the unseaworthiness of the M/V WATERBUCK. … Finding that the indemnity contract in Todd clearly expressed such an intent, the court held: There can be no logical reason for ignoring, as (indemnitor) would have the Court do, the clear and unequivocal language of (the

Matthews v. International House of Pancakes, Inc.

597 F. Supp. 2d 663 · District Court, E.D. Louisiana · Jan 23, 2009

took place under conditions establishing an inference of discrimination. … Therefore, the Plaintiffs’ allegations are insufficient to establish a claim for racial discrimination under § 1981, because the IHOP Entities were not Matthews’s employer.

Danks v. Grayson

District Court, E.D. Louisiana · Mar 29, 2023

only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable.’” … In the context of the qualified immunity analysis the Court stated: In evaluating Plaintiff’s claim for excessive force against Lawler, the Court finds that Plaintiff has sufficiently

Hawkins

District Court, E.D. Louisiana · Mar 13, 2026

The ADA defines “Qualified Individual” and “Reasonable Accommodation” as follows: (8) Qualified individual The term “qualified individual” means an individual … If those documents clearly provide as Mr. Hawkins currently alleges—that is, if Mr.

United States v. Partin

320 F. Supp. 275 · District Court, E.D. Louisiana · Dec 16, 1970

The use of such a public opinion poll to support a motion for change of venue is not novel and has the “qualified” endorsement of the American Bar Association. … On the other hand, when the defendant elected to rely solely on the testimony of the project supervisor to establish the results of the poll, he was clearly offering out-of-court assertions (by the interviewers) that cer

Vick v. Schiro

296 F. Supp. 173 · District Court, E.D. Louisiana · Jan 24, 1969

Amendments and 828 MCS 46-1 (Permits required for various callings or occasions) 3 is unconstitutional as applied for overbreadth because the City of New Orleans purports to encompass within its scope activityjvhich is clearly … under the color of these ordinances to deprive plaintiffs and the classes they represent (in particular Negroes, persons of poor financial condition, and persons unorthodox in dress and habit) of rights, privileges and immunities

Howard v. United States

40 F. Supp. 697 · District Court, E.D. Louisiana · Aug 29, 1941

These facts in and of themselves would seem sufficient to establish that the premiums were paid by the community, and therefore, one-half by the wife. … An affirmative finding that all of the premiums on these policies were paid out of community funds is clearly warranted and the court so finds, and concludes that the instant case falls squarely within the DeLappe decision