Case law

Adams v. Texas & Pacific Motor Transport Co.

408 F. Supp. 156 · District Court, E.D. Louisiana · Sep 10, 1975

Petrillo’s testimony establishes that, even had he passed the test, Adams’ hiring would have been on a probationary basis. … Civil rights legislation serves a broad remedial aim, but it clearly was not designed to assist job applicants found to have misrepresented themselves in seeking positions for which they are not qualified.

Lightell v. Walker

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

When there is no controlling authority specifically prohibiting a defendant's conduct, the law is not clearly established for the purposes of defeating qualified immunity. … Bronk are not entitled to qualified immunity because Plaintiff had a clearly established right to free speech, which they violated, and their actions were not objectively reasonable. Rec.

Dupard v. Lopinto

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

immunity. … established constitutional right to access affidavits in support of search warrants, and thus Gegenheimer would be entitled to qualified immunity on any such claim.78 The Order also concluded that Plaintiff

Taylor v. Getty Oil Co.

637 F. Supp. 886 · District Court, E.D. Louisiana · Jun 16, 1986

Elf and InterNorth contend that they are joint venturers with Getty and as such are entitled to tort immunity as employers of Taylor and Stringfellow. … In this case, the contract as a whole and the uncontroverted affidavits of representatives of Getty, Elf and Inter-North clearly establish that the parties intended to form a joint venture.

Otkins v. Gilboy

District Court, E.D. Louisiana · Mar 8, 2024

This Court granted the Defendants’ Motion for Summary Judgment in Support of Qualified Immunity, finding that the Defendants were entitled to qualified immunity on the basis that no violation of Otkins’ Fourth … immunity defense just last week when it denied rehearing en banc a panel decision affirming a district court’s granting of qualified immunity to a police officer.

Maddox v. Baker Oil Tools, Inc.

774 F. Supp. 419 · District Court, E.D. Louisiana · Oct 9, 1991

The Legislature granted tort immunity to the principal for the first time in 1976 by amending La.R.S. 23:1032, the section which originally granted tort immunity to the direct employer. … The comp remedy is exclusive and except for narrow exceptions clearly inapplicable to this case cannot be waived. LSA-R.S. 23:1032, 1035.

Wilkins v. Liberto

District Court, E.D. Louisiana · Jun 28, 2022

But even if the plaintiff establishes that the police violated the Fourth Amendment, his claims against them cannot proceed unless he overcomes qualified immunity, which shields officials performing discretionary junctions … “clearly established” at the time of the defendant’s misconduct.

Clark v. Wallace

District Court, E.D. Louisiana · Mar 8, 2024

refused to consider qualified immunity as an alternative bar. … of qualified immunity); McNeal v.

LaMartina v. City of Mandeville

District Court, E.D. Louisiana · May 14, 2024

Defendants argued that each of the police officers named is subject to qualified immunity; that the other public officials named are subject to prosecutorial, judicial, absolute, or qualified immunity; that LaMartina failed … LaMartina argues that qualified immunity should not apply in this case to any of the officials who claim it because all of their actions were beyond the scope of their employment and/or violations of clearly established

Whalen v. Morice

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

The Webb Court further stated: Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … Defendant Caillouet has filed a motion to dismiss asserting qualified immunity. R. Doc. 69.

Omega Hospital, LLC v. Community Insurance

310 F.R.D. 319 · District Court, E.D. Louisiana · Sep 24, 2015

When objections are raised to such a motion, the district judge must consider them timely and “modify or set aside any part of the order that is clearly erroneous or contrary to law.” Id. … The sanctions may consist of: (1) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims; (ii) prohibiting the disobedient

Masterson v. Epic Divers, Inc.

804 F. Supp. 869 · District Court, E.D. Louisiana · Dec 16, 1992

Defendant has filed a motion for summary judgment asking this Court to declare that plaintiff does not qualify for seaman status under the Jones Act (46 U.S.C.App. § 688). … In examining the first criterion, the facts of this case clearly show that plaintiff was neither permanently attached to nor did he perform a substantial amount of work on a single vessel.

Matherne v. Louisiana State

District Court, E.D. Louisiana · Jan 30, 2020

an issue of fact that warrants trial.”12 Plaintiff’s motion asserts that Genecia Hill (“Hill”) and DCFS are not entitled to qualified immunity but focuses … to qualified immunity, Plaintiff’s motion for summary judgment fails to establish liability on the part of DCFS. 6 R.

Maggio v. Liztech Jewelry

912 F. Supp. 216 · District Court, E.D. Louisiana · Jan 9, 1996

Jill Elizabeth’s statement that she “believes” BentNicks is infringing upon her copyright is clearly an expression of an opinion. … The idea is clearly capable of different forms of expression.

In Re Independent Towing Company

242 F. Supp. 950 · District Court, E.D. Louisiana · Jun 18, 1965

The Act is not one of immunity from liability but of limitation of it and we read no other privilege for the shipowner into its language over and above that granting him limited liability.” 354 U.S. at pp. 152-153, 77 S.Ct … According to Emerigon, such is the established jurisprudence of the north of Europe. Contrats á la Grosse, c. 4, § 11.

Judice v. Hospital Serv. Dist. No. 1

919 F. Supp. 978 · District Court, E.D. Louisiana · Mar 13, 1996

To make out a prima facie case under the ADA, one must establish: (1) that he is a qualified individual with disabilities; (2) that he was discriminated against by a public entity; and (3) that the discrimination occurred … Judi-ce has established a prima facie case of discrimination. The Court now turns to the defendants’ justifications for their conduct. B.

Bonvillain v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · May 14, 2024

immunity. … If this was a self-inflicted gunshot wound – which this video does not clearly establish – then Leone’s flight from the scene makes little sense.

Romo v. Massman Construction Co.

615 F. Supp. 2d 488 · District Court, E.D. Louisiana · May 5, 2009

Massman was Romo’s employer and Romo is clearly not a Jones Act seaman. … The LHWCA establishes a workers’ compensation program for longshoremen and other maritime workers injured or killed in work-related accidents. Watkins v.

Otkins v. Gilboy

District Court, E.D. Louisiana · Mar 13, 2024

Immunity, finding that all of the Defendants were entitled to qualified immunity on the basis that no violation of Otkins’ Fourth Amendment rights had 5 R. … the qualified immunity discovery period, the Defendants filed a Rule 56 Motion for Summary Judgment in Support of Qualified Immunity asking the Court to find that the Defendants are entitled to qualified immunity and to

Mitchell v. Iolab Corp.

700 F. Supp. 877 · District Court, E.D. Louisiana · Oct 25, 1988

Sec. 813.5(c)(4) provides the general requirements for an exemption “to permit investigational studies of the device by experts who are qualified by scientific training and experience to investigate the safety and effectiveness … That section reads in pertinent part: *879 This section is incorporated by reference into 21 C.F.R. 813.1 et seq and clearly preserves the subject’s legal rights.