Case law

Ariente S. Williams v. United States of America

District Court, E.D. Louisiana · May 27, 2026

The FTCA is a limited waiver of the government’s sovereign immunity. See Coleman v. … Under these circumstances, Louisiana jurisprudence establishes that Daniels has no liability for the accident.

Hutchinson-Harper

District Court, E.D. Louisiana · Jun 17, 2026

under Article I, Section 12, finding that the government needed to “exercise reasonable care in establishing a polling place to locate it in a building which affords each qualified voter an opportunity to exercise his right … Plaintiffs clearly asserted a claim for intentional infliction of emotional distress against all Defendants.76 The Court therefore notes for clarity that Plaintiffs’ claim for intentional infliction of emotional distress

Johnson v. Webre

District Court, E.D. Louisiana · Aug 19, 2022

established law.”24 Second, Plaintiff claims that Sheriff Defendants violated Plaintiff’s rights to freedom of speech and due process by enforcing “a contradictory and 18 Rec. … Complaint states violations of clearly established constitutional rights by alleging harassment, false imprisonment, and defamation of character.64 Plaintiff also avers that Sheriff Defendants’ assertion that it is unquestionable

Rainey

District Court, E.D. Louisiana · Aug 7, 2026

(b)(3) Has no established medical history or clinical diagnosis of diabetes mellitus currently treated with insulin for control, unless the person meets the requirements in § 391.46. … An individual with diabetes mellitus treated with insulin for control is physically qualified to operate a commercial motor vehicle and then proscribes the circumstances in which when a person would be qualified

Smith v. Terminix Pest Control, Inc.

District Court, E.D. Louisiana · Nov 15, 2023

“The ADA prohibits an employer from ‘discriminat[ing] against a qualified individual on the basis of disability,’ by, among other things, terminating an individual’s employment.”19 “To establish … “The PREP Act’s liability shield extends only to the administration . . . or the use of those covered countermeasures,” such as “vaccines and treatments.”54 “The PREP Act is, at its core, an immunity statute.

Fairley v. Wal-Mart Stores, Inc.

216 F. Supp. 3d 708 · District Court, E.D. Louisiana · Oct 31, 2016

former Meat Cutters performed since they were all classified as Sales Associates. 143 Finally, Defendant argues that Plaintiffs claim for gender discrimination while working in the Seafood Department is barred because it is clearly … Green, that: (1) she was in a protected class; (2) she was qualified for the position; (3) she suffered adverse employment action; and (4) she was treated less favorably than similarly situated employees. 328 The Supreme

United States v. Smith

790 F. Supp. 2d 482 · District Court, E.D. Louisiana · Jun 23, 2011

During middle school, they develop complex sentence structure, and their speech is clearly intelligible. … Smith did however, in the same month, become qualified as a Plane Captain. 369 Dr.

Ricks v. Friends of WWOZ, Inc.

District Court, E.D. Louisiana · Sep 25, 2019

A plaintiff establishes a prima facie case of race- or sex-based discrimination by demonstrating that she “(1) is a member of a protected class; (2) was qualified for the position; (3 … In LHC Group, the Fifth Circuit painstakingly evaluated the “splinter into three distinct lines” of cases in its decisions and clearly concluded: “‘To establish a prima facie discrimination claim under the ADA, a plaintiff

D.H. Griffin Wrecking Company, Inc. v. 1031 Canal Development, LLC

District Court, E.D. Louisiana · Mar 19, 2021

To establish a claim for defamation under Louisiana law, a plaintiff must show: “(1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater … By March 25, 2020, 1031 clearly represented that it was no longer interested in using Griffin as a contractor.

Joseph-Ford

District Court, E.D. Louisiana · Jul 24, 2026

There are three elements to establish liability in a § 1983 action. , 369 F.3d 475, 482 (5th Cir. 2004) (citing , 795 F.2d 1203, 1209 (5th Cir. 1986)). … many courts have held, as a matter of law, no retaliation claim may be brought under § 1983 based on the Equal Protection Clause. , 79 F.3d 318, 323 (2nd Cir. 1996); , 62 F.3d 338, 340–341 (11th Cir. 1995) (no clearly

Pettaway v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Nov 10, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Patton v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Nov 10, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Riddell-Hare v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Nov 10, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Trigleth v. Ocean Belt Maritime, Inc.

District Court, E.D. Louisiana · May 2, 2025

Rule 702 also requires that an expert be properly qualified. … Karanjikar “attempt[s] to determine any ‘injury causation forces’ or how a ‘hypothetical person’s body will respond to those forces.’”73 While Karanjikar may not have analyzed the forces that caused Trigleth’s injuries, he clearly

Nestle v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Nov 10, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Ingram Corp. v. J. Ray McDermott & Co., Inc.

495 F. Supp. 1321 · District Court, E.D. Louisiana · Aug 14, 1980

The releases can be voided by fraud only if during the negotiations McDermott misrepresented material facts or concealed facts which would materially qualify those already stated; nothing contained in the criminal records … The federal courts are in accord that antitrust claims are not immune from the effects of a general release which the parties have confected following arms length bargaining. 12 It is also clear that, absent, a legal duty

Laitram Corp. v. Hewlett-Packard Co.

806 F. Supp. 1286 · District Court, E.D. Louisiana · Oct 15, 1992

Summary judgment is proper if the party opposing the motion fails to establish an essential element of his case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986). … The construction of this aspect of the claim requires, the plaintiff asserts, a resolution of disputed questions of fact as to whether the accused calculators qualify as equivalents.

Hampton v. Praetorian Insurance Company

District Court, E.D. Louisiana · Aug 25, 2020

diversity jurisdiction because JPSO is improperly joined as a defendant.12 Finally, Praetorian alleged that the amount in controversy is clearly established because Hampton asserts 4 Rec. … Abeille General Insurance Co.,159 the Fifth Circuit declined to review district court determinations that the defendants were not entitled to immunity under the Foreign Sovereign Immunities Act (the “FSIA”).

Nola Fine Art, Inc. v. Ducks Unlimited, Inc.

88 F. Supp. 3d 602 · District Court, E.D. Louisiana · Feb 12, 2015

, or by action or inaction that under the circumstances is clearly indicative of consent.” … Plaintiffs have also *609 provided evidence that qualifies as “corroborating circumstances” under Article 1846.

Evans v. Lopinto

District Court, E.D. Louisiana · May 31, 2022

substantial risk of serious harm.”143 Instead, a plaintiff “must show that the officials refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly … See also Mixon, 2021 WL 6072501 at *18 (finding the reasoning in Moore persuasive and concluding that private entities performing government functions are immune from punitive damages); Carter v.