Case law

United Disaster Response, L.L.C. v. Omni Pinnacle, L.L.C.

569 F. Supp. 2d 651 · District Court, E.D. Louisiana · Aug 1, 2008

Tammany’s immunity. … Soc. 38 at p. 5 For a forum selection clause to be exclusive, it must go beyond establishing that a particular forum will have jurisdiction and must clearly demonstrate the parties intent to make that jurisdiction exclusive

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.

Baqer v. St. Tammany Parish Government

District Court, E.D. Louisiana · Mar 22, 2021

law.80 Where, as here, a § 1983 defendant pleads qualified immunity, the plaintiff then has the burden to rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established … law.81 In a qualified immunity analysis, the Court must determine (1) whether the plaintiff has alleged a violation of a clearly 75 R.

Fairley v. Murphy Exploration & Production Co.

58 F. Supp. 3d 641 · District Court, E.D. Louisiana · Nov 5, 2014

moves for summary judgment pursuant to Federal Rule of .Civil Procedure 56, dismissing the plaintiffs claim on the ground that the plaintiff was a “borrowed employee” of Murphy at the time of his injury and that Murphy is immune … Hearsay evidence and un-sworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence. Martin v. John *643 W.

Johnson v. City of Baton Rouge

50 F.R.D. 295 · District Court, E.D. Louisiana · Jun 26, 1970

Assuming, as we have done, that the conditions of Rule 23(a) have, in fact been met, this clearly places this action under the provisions of Rule 23(b) (2). … Within such time as this court may set, plaintiffs will file with this court affidavits establishing that the order of this court order such publication has been followed.

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

Mahon v. Madisonville Town

District Court, E.D. Louisiana · Nov 17, 2021

because they did not violate clearly established statutory or constitutional rights of which a reasonable person would have known; there was no concerted action among Defendants to accomplish any unlawful objective for … In determining whether a government official is entitled to absolute immunity rather than qualified immunity, courts apply a “functional approach . . . which looks to ‘the nature of the function performed, not the identity

Young v. T.T. Barge Servs. Mile 237, LLC

290 F. Supp. 3d 562 · District Court, E.D. Louisiana · Dec 5, 2017

The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for trial. … Chevron U.S.A., Inc., 781 F.2d 1067 , 1074 (5th Cir. 1986) ); see also Chandris , 515 U.S. at 371 , 115 S.Ct. 2172 (explaining that summary judgment is warranted "where undisputed facts reveal that a maritime worker has a clearly

Adams v. Chater

914 F. Supp. 1365 · District Court, E.D. Louisiana · Oct 30, 1995

Clearly, by mentioning it in the statute, Congress intended that the cost of living be seriously considered by the fee-awarding court. Except in unusual circumstances ... an increase should be granted ... … However, a district court, in its discretion, may determine that a fee below the established ceiling is a reasonable attorney’s fee award based on the facts of a particular case.

Porter

District Court, E.D. Louisiana · Jan 16, 2026

s Report and Recommendation,4 the failure of plaintiff, Tomarcus Porter, to file any objections to the Magistrate Judge’s Report and Recommendation5, and finding that the Magistrate Judge’s analysis is not clearly … , Plaintiff’s claims for monetary damages fail because state officials sued in their official capacities do not qualify as “persons” under § 1983 and because monetary damages are not available for claims brought

Durant v. Owens-Illinois Glass Co., Inc.

517 F. Supp. 710 · District Court, E.D. Louisiana · Jun 3, 1980

qualify as journeymen mechanics in the Maintenance Department. … The master’s findings of fact are to be adopted unless clearly erroneous. F.R.C.P. 53(e)(2). See Neal v. Saga Shipping Co., 407 F.2d 481, 488 (5 Cir. 1969).

LeFebure Corporation v. Lefebure, Incorporated

284 F. Supp. 617 · District Court, E.D. Louisiana · Apr 26, 1968

However, it is clearly reflected *621 by the record as now constituted that the defendant has not yet engaged in any business whatsoever, its sole activity thus far being its qualification to do business as a foreign corporation … The same Court also notes that “ * * * it is a prerequisite to injunctive relief that fraud be established on the part of the defendant and the burden of establishing that fraud is upon the plaintiff.”

In Re Katrina Canal Breaches Consolidated Litigation

647 F. Supp. 2d 644 · District Court, E.D. Louisiana · Nov 18, 2009

immunity would not attach. … There was no such established policy here.

Banks v. New Orleans City

620 F. Supp. 2d 741 · District Court, E.D. Louisiana · May 21, 2009

The United States is liable only to the extent it waives sovereign immunity. Owen v. United States, 935 F.2d 734, 736 (5th Cir.1991). … established.”

Crain v. Schlumberger Technology Co.

187 F. Supp. 3d 732 · District Court, E.D. Louisiana · May 20, 2016

“To defeat a motion for summary judgment against an employment disability claim, the claimant must establish a prima facie casé that: (1) he has a disability, as defined by the statute, (2) he is qualified for the job, and … This is clearly a transitory impairment that does not amount to a disability.

Tassin v. Cain

482 F. Supp. 2d 764 · District Court, E.D. Louisiana · Mar 23, 2007

Clearly, juries can be mislead in other ways. … That powerful misconception was far from the truth and easily qualifies as misleading testimony under Giglio.

FSLIC v. Landry

701 F. Supp. 570 · District Court, E.D. Louisiana · Dec 22, 1988

Id. at 1285 . 6 *573 Defendants place heavy reliance upon cases from other circuits to establish that the peremptive effect of Article 2041 should bar plaintiffs revocatory action. … Although the court noted Summer-lin, it seemingly ignored language in that decision which clearly states that the United States was not subject to state statutes which specified the amount of time in which an action could

Federal Trade Commission v. Louisiana Children's Medical Center

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

Although the Sherman Act by its terms applied to “[e]very person,” the Supreme Court found that the State of California did not qualify as a “person” absent a clear statement of action immunity is disfavored” to avoid … The Hospitals have not asserted that they are immune from an antitrust lawsuit or that they can assert immunity akin to Eleventh Amendment immunity.

Louisiana Children's Medical Center v. Attorney General of the United States

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

Although the Sherman Act by its terms applied to “[e]very person,” the Supreme Court found that the State of California did not qualify as a “person” absent a clear statement of action immunity is disfavored” to avoid … The Hospitals have not asserted that they are immune from an antitrust lawsuit or that they can assert immunity akin to Eleventh Amendment immunity.

McManus v. St. Tammany Parish Jail

District Court, E.D. Louisiana · Apr 19, 2024

Qualified Immunity Further, to the extent there is evidence establishing their personal involvement, Smith and Fleishman contend that they are entitled to qualified immunity … A plaintiff seeking to show that the qualified immunity defense is not available must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time