Case law

Shaw v. Garrison

328 F. Supp. 390 · District Court, E.D. Louisiana · May 27, 1971

Justice Black stated as follows: “The respondents here have intimated that the Act only establishes a ‘principle of comity,’ not a binding rule on the power of the federal courts. … Legislative policy is here expressed in a clear-cut prohibition qualified only by specifically defined exceptions.’ Amalgamated Clothing Workers of America v.

Augustus v. Roemer

771 F. Supp. 1458 · District Court, E.D. Louisiana · Jul 16, 1991

Instead, we believe the framers intended to create fair access to the bail system for those who, after an individualized judicial determination, qualify for pretrial release. … It may indeed deny bail, but only when, in considering compelling state interests, it is found that the arrestee does not qualify for pretrial release.

Simon v. Grand Isle Shipyard Inc.

District Court, E.D. Louisiana · Mar 9, 2023

Simon does not clearly attempt to distinguish the instant matter from Griffin and Martin. … Therefore, even if the study Simon relies upon sufficiently established the level of exposure to arsenic required to cause CTE, the report would still fail to establish the harmful dose. 23 The Carroll and Chen

Hamm

District Court, E.D. Louisiana · Dec 17, 2025

the stay would substantially harm the other parties, and (4) whether the granting of the stay would serve the public interest.9 The party moving for a stay bears the burden of establishing … immunity when the district court denied a defendant’s motion to dismiss a First Amendment retaliation claim.30 The Hawkland case did not deal with whether an order certifying a collective action is inextricably

Matthews v. Stolier

207 F. Supp. 3d 678 · District Court, E.D. Louisiana · Sep 13, 2016

regulatory scheme significantly reduces the risk of the instrument, thereby rendering application of the Securities Acts unnecessary. 19 The Court in Reves was not clear as to whether all four factors must be met for a note to qualify … Even assuming that this is the case, the Court finds that an examination of the four factors common to most securities clearly indicates that the JLTAC-WJLT Note is, on its face, not a security. 1.

J. Ray McDermott & Co., Inc. v. Fidelity & Cas. Co.

466 F. Supp. 353 · District Court, E.D. Louisiana · Mar 2, 1979

The testimony clearly established that the crimping was accidental rather than deliberate and that there was no fraud involved. … Buglass was the only witness qualified at trial as an insurance expert. *361 After Mr.

Fairley v. Culotta

District Court, E.D. Louisiana · Oct 9, 2020

To establish personal liability in a § 1983 action it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right. Id. (citing Monroe v. … Clearly, this would be true if Plaintiff was seeking damages. But she seeks only injunctive relief under the auspices of Ex Parte Young, 209 U.S. 123 (1908).

Hebert v. United States

68 F. Supp. 230 · District Court, E.D. Louisiana · Sep 27, 1946

But to no purpose can the argument be any longer made, in view of the presently established facts of this case, developed by the depositions of plaintiff and her husband, respectively. … Clearly, therefore, neither counsel’s disposition to so question the citation of Bender v.

Hignell v. City of New Orleans

District Court, E.D. Louisiana · Aug 6, 2020

However, the Fifth Circuit held that “privileges, licenses, certificates, and franchises . . . qualify as property interests for the purposes of procedural due process.” (citing Wells Fargo Armored Serv. Corp. v. Ga. … Clearly, the ordinances do not authorize non-consensual warrantless searches of the property.

Marcella

District Court, E.D. Louisiana · May 26, 2026

. § 1442(a)(1), raising a Boyle government contractor immunity defense and a Yearsley derivative sovereign immunity defense.14 The notice of removal did not specifically invoke 28 U.S.C. § 1367 as the source of supplemental … The facts of the case at bar are clearly closer to those on the lower end of the spectrum of these cases than they are to either Pete or Lege.

Wright v. United States

507 F. Supp. 147 · District Court, E.D. Louisiana · Jan 6, 1981

He was not interested in the cause of the edema as much as he was in establishing an airway in this patient. … There was testimony to this effect from qualified persons.

Allen v. Wilson

District Court, E.D. Louisiana · Jul 7, 2025

does not exist.”5 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … deter state actors from using their badge of authority to deprive individuals of federally guaranteed rights and to provide relief to victims if such deterrence fails.”17 A plaintiff must satisfy three elements to establish

United States v. State of La.

815 F. Supp. 947 · District Court, E.D. Louisiana · Feb 19, 1993

Secondly, the state defendants argue that the Fordice decision established a criteria for liability which requires a review of evidence that cannot be adequately considered on a motion for summary judgment. … [The applicant] is entitled to prompt admission under the rules and regulations applicable to other qualified applicants."), quoted in, Knight v.

Sullivan v. Orleans Parish Prison

District Court, E.D. Louisiana · Jul 10, 2025

does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … deter state actors from using their badge of authority to deprive individuals of federally guaranteed rights and to provide relief to victims if such deterrence fails.”15 A plaintiff must satisfy three elements to establish

Crumedy v. Nelson's Tree Service, L.L.C.

District Court, E.D. Louisiana · Nov 9, 2023

Secura in reply argues that it is undisputed the truck qualifies as an “auto” and therefore the only question is the applicability of the exception, which it maintains Crumedy cannot establish. R. Doc. 75 at 1-2. … This language is clearly less restrictive and leaves room for more than one reasonable interpretation.

Lewis v. United States

District Court, E.D. Louisiana · Oct 6, 2021

Congress made a limited waiver of the United States’ sovereign immunity for a takings claim in the Tucker Act, which indicates that only the Court of Federal Claims has jurisdiction for such a suit. … While plaintiffs are correct that the APA does not absorb all constitutional claims, and clearly an agency may act unconstitutionally through means other than official agency action, all of plaintiffs' alleged harm in this

Rivera v. Robinson

District Court, E.D. Louisiana · Aug 19, 2020

Gremillion does not perform that particular procedure, he is not qualified to opine on it. However, in this case, Dr. … The fact that he would refer his patient to another doctor for that treatment does not mean he was not qualified to diagnose her need for it.

Bach v. Trident Shipping Co., Inc.

708 F. Supp. 776 · District Court, E.D. Louisiana · Mar 27, 1989

Phillips’ report: “his chances for ultimate survival were clearly not very favorable ... and the prognosis following even the ideal scenario as outlined [in the report] would be poor. … While the difference between 85% and 70% is immaterial for purposes of this motion, the Court notes that Bruch’s report shows no indication that he has any medical expertise and thus that he is qualified to give such an opinion

Phoenix v. Lafourche Parish Government

District Court, E.D. Louisiana · Jun 17, 2020

The law enforcement and corrections officer defendants answered the complaint, invoked qualified immunity, and asserted various defenses. … violated [the pretrial detainee’s] clearly established constitutional rights with subjective deliberate indifference; ... (2) that this violation resulted from a

Lebus v. Building & Construction Trades Council of New Orleans & Vicinity

199 F. Supp. 628 · District Court, E.D. Louisiana · Nov 22, 1961

The second proviso of § 8(b) (7)-(C) is part thereof and obviously must, be read as qualifying the preceding part. … other hopes and intentions, should be so obvious to anyone with a modest understanding of the- *633 English language that resort to the legislative history should be unnecessary. 20 Nevertheless, the legislative history •clearly