Case law

Del A. v. Roemer

777 F. Supp. 1297 · District Court, E.D. Louisiana · Oct 21, 1991

state has qualified for section 627 incentive funds in a given year, discontinuance of the qualifying programs has no consequence during the year. … The court went on to say that there is no clearly established right to a stable foster home environment. 84 Indeed, the Fifth Circuit rejected such a right in Drummond v.

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

Free Speech Coalition, Inc. v. LeBlanc

District Court, E.D. Louisiana · Oct 4, 2023

Plaintiffs have not established the requirements of the Ex Parte Young exception to Eleventh Amendment sovereign immunity. … CONCLUSION The Plaintiffs have failed to meet their burden of establishing that the Ex Parte Young exception to Eleventh Amendment to sovereign immunity applies to these claims and that the Plaintiffs have standing

Handy v. New Orleans Hilton Hotel

532 F. Supp. 68 · District Court, E.D. Louisiana · Feb 3, 1982

Handy was chosen for the position because she was considered most qualified for it. … Despite whatever dissatisfaction Handy had with regard to this transfer, she failed to communicate her concerns through the Hilton’s established grievance procedure. 7.

Chenevert

District Court, E.D. Louisiana · Apr 28, 2026

In support of summary judgment, Defendants submit that, under the MSA, Plaintiff’s employer, PSC, agreed to furnish qualified personnel to perform various services at the Facility, including but not limited to services … , Stolt-Nielsen shares Stolthaven’s immunity under the exclusivity provisions of the LWCA.

Washington v. Impastato

District Court, E.D. Louisiana · Mar 5, 2025

Reyna, 4 F.4th 270, 281 (5th Cir. 2021) (citation and quotation omitted), Hay enjoys qualified immunity: Washington has not pleaded facts plausibly establishing that Hay violated any constitutional or statutory … right that was clearly established at the time of Hay’s alleged conduct.

Wilcox v. Max Welders, L.L.C.

969 F. Supp. 2d 668 · District Court, E.D. Louisiana · Aug 28, 2013

If that were not the case, Chandris in fact would have established a voyage test. … In summary, Wilcox has not shown that he qualifies as a Jones Act seaman.

McKeithen Ex Rel. McKeithen v. the M/T Frosta

435 F. Supp. 584 · District Court, E.D. Louisiana · Jun 29, 1977

She has qualified as administratrix of his succession. … Such a result would be contrary to the established principles of admiralty. Spiller, supra, 466 F.2d at 909.

Hibernia Community Development Corp. v. U.S.E. Community Services Group, Inc.

166 F. Supp. 2d 511 · District Court, E.D. Louisiana · Apr 13, 2001

Under the agreement, Hibernia would loan qualified applicants up to $20,000.00 for home repairs. … Qualified homeowners were also eligible for up to $25,000.00 in grant money from the Federal Government through the HOME Program.

Price v. Irons

District Court, E.D. Louisiana · Apr 2, 2020

Given that the Court has found the judge has absolute immunity, the Court does not proceed to consider defendant’s argument in the alternative that he also has qualified immunity.23 … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity.”

Humble Oil & Refining Company v. M/V John E. Coon

207 F. Supp. 45 · District Court, E.D. Louisiana · May 25, 1962

This accords with Louisiana State Court holdings which authorize institution of direct action suits against insurers regardless of the insured’s immunity to liability. Burk v. … these, or attempted to establish uniform rules for the regulation of maritime insurance to the exclusion of the states.” 3 .

Albright v. City of New Orleans

46 F. Supp. 2d 523 · District Court, E.D. Louisiana · Apr 14, 1999

Mere statistical imbalance without more will not suffice to establish a prima facie case. The relevant comparison is between the qualified labor pool and the group actually selected. … The rules of the Civil Service Commission clearly provide that it is totally within the discretion of the Director in the first instance, and after three years the Civil Service Commission, to extend or not extend any promotional

Sanford v. Middlebrooks

254 F. Supp. 914 · District Court, E.D. Louisiana · Jun 3, 1966

His alleged claim that the prosecutor used perjured testimony to establish motives has not yet been presented to the state court for its consideration, and, therefore, may not be considered by the Court at this time, Petitioner … proper state court>the Petitioner has exhausted avail-ab^e state remedies, and, consequently, these matters are properly before this Court. a review of the transcript of the sJ:ate court Proceedings had against petitioner clearly

Mazoue v. Traina (In re Mazoue)

240 B.R. 878 · District Court, E.D. Louisiana · Oct 22, 1999

The first sentence of Section 1(A) of Title 20 describes what properties will qualify as a “bona fide homestead.” The next four sentences clearly describe the limits of the exemption. … It is well-established that “a statute is to be considered in all its parts when construing any one of them.” Lexecon, Inc. v.

Grant v. Gusman

District Court, E.D. Louisiana · Apr 13, 2020

raise qualified immunity again at the motion for summary judgment stage.”97 Indeed, DOC Defendants note that the qualified immunity defense “has been presented again in a motion for summary judgment,” and this Court “ … to qualified immunity based on the pleadings” at the motion to dismiss stage.187 Yet Plaintiff concedes that DOC Defendants can raise a qualified immunity defense again at the motion for summary judgment stage.188 In fact

West v. Rieth

152 F. Supp. 3d 538 · District Court, E.D. Louisiana · Dec 22, 2015

The Westfall Act and Government Employee Immunity Pursuant to 28 U.S.C. § 2679 , “commonly known as the Westfall Act,” “federal employees [have] absolute immunity from common-law tort claims arising out of acts they undertake … Both parties have submitted Department of Defense documentation regarding the programs established to facilitate the reporting of such allegations, which documentation establishes that the military’s “goal is a culture free

Abron v. Barrilleaux

District Court, E.D. Louisiana · Jan 15, 2021

established’ at the time of the defendant’s conduct.”63 “The qualified immunity defense is appropriate resolved at the summary judgment stage when (1) a plaintiff has established that the defendant has engaged … Here, Plaintiff does not state a constitutional claim, and Defendants are entitled to qualified immunity. In Fee v.

Parker v. Watts

661 F. Supp. 163 · District Court, E.D. Louisiana · Feb 27, 1987

. § 1823 (e), which statute affords the FDIC protection independent of whether the FDIC would qualify as a holder in due course under state law. See FDIC v. … It is not established on the record of this Court which cases involve unrelated loans.

Johnson v. United States

332 F. Supp. 906 · District Court, E.D. Louisiana · Mar 29, 1971

employment or other trade or business, or (2) Meets the express requirements of the individual’s employer, or the requirements of applicable law or regulations, imposed as a condition to the retention by the individual of an established … As the regulations clearly show, if educational expenses either qualify one to meet the minimum educational requirements of one’s employment or qualify one for a new trade or business they are not deductible even though the

McWaters v. Federal Emergency Management Agency

408 F. Supp. 2d 221 · District Court, E.D. Louisiana · Jan 12, 2006

Analysis The Government’s primary defense is sovereign immunity. … Clearly the economic status of those in the hotels is in general far less than those victims not in hotels.