Case law

Bush v. Orleans Parish School Board

188 F. Supp. 916 · District Court, E.D. Louisiana · Nov 30, 1960

As Madison said before the adoption, of the Constitution: “Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the-compact; and that it ought to be established under the general … The record before us clearly establishes that the growth of the Board’s difficulties to a magnitude beyond its unaided power to control is the product of state action.

In Re Louisiana Investment and Loan Corporation

224 F. Supp. 274 · District Court, E.D. Louisiana · Dec 9, 1963

We can reverse the findings of the Referee only if it be shown that they were clearly erroneous. General Orders in Bankruptcy No. 47. … We believe that the findings of fact by the Referee are not only not clearly erroneous but are correct and his order is, therefore, affirmed. 1 .

Southern Snow Manufacturing Co. v. SnoWizard Holdings, Inc.

912 F. Supp. 2d 404 · District Court, E.D. Louisiana · Dec 14, 2012

,] [b]ut the granting of the patents does not confer any immunity for anti-competitive misuse of the patents, or the inequitable conduct used to obtain the patents.” 85 Plaintiffs go on to explain that assertions made “in … Even if these allegations are all true, which the Court must assume when deciding a motion to dismiss, controlling authority clearly states that “inequitable conduct before the PTO cannot qualify as an act of mail fraud or

Williams v. City of New Orleans

543 F. Supp. 662 · District Court, E.D. Louisiana · Jun 11, 1982

In promotions, a written examination is to be used as a qualifying measure, and is to be as “content valid as feasible.” … Subjecting the entire class to the costs and risks of trial in pursuit of relief in a few individual cases is clearly unjustified.

Stokes v. Faber

District Court, E.D. Louisiana · Feb 10, 2021

Matranga is entitled to qualified immunity in conjunction with the initial arrest. … Although the Fourth Amendment right to be free from false arrest, i.e., arrest without probable cause, was clearly established at the time of the arrest, Plaintiffs cannot overcome the qualified immunity defense because

Louviere v. St. Tammany Parish Government

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

law.75 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.76 In a qualified immunity analysis, the Court must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and, if so, (2) whether the defendant’s conduct was

Jackson v. Neuman

309 F. Supp. 697 · District Court, E.D. Louisiana · Jan 26, 1970

Another well-qualified orthopedic surgeon testified that he found no evidence of any orthopedic defect and two well-qualified neurosurgeons testified that they- did not think Jackson had a ruptured intervertebral disc in … The record clearly reveals that the claimant lost no time from work as a result of the December 10, 1966 accident.

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

Thomas-Sea Boat Builders, Inc. v. Cross Offshore Corp.

101 F. Supp. 2d 461 · District Court, E.D. Louisiana · May 2, 2000

. § 31342 , the statute establishing maritime liens. Cross also contends that removal is warranted because § 31342 preempts state law. … For example, an admiralty claim removed under the Federal Sovereign Immunities Act may be retained by the federal court despite the savings to suitors clause, see Williams v.

Landry v. St. Tammany Parish School Board

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

jurisdiction over the remaining state law claims, the Court need not consider Defendants’ additional arguments as to qualified immunity. … Doc. 6-1 at p. 6 (contending that each Defendant is “entitled to qualified immunity with respect to the Plaintiffs’ claims against them.”). V.

Muslow v. Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 4, 2020

immunity, finding no violation of clearly established rights. … Lane was decided, however, this law was not clearly established at the time, and the Fifth Circuit held that the defendant was entitled to qualified immunity. Id. at 477-78.

Jones v. Cooper/T. Smith Stevedoring Co.

613 F. Supp. 2d 815 · District Court, E.D. Louisiana · Apr 30, 2009

The party responding to the motion for summary judgment may not rest upon the pleadings, but must identify specific facts that establish a genuine issue. Id. … Jones’ claim that Cooper should have halted cargo operations due to the absence of a flagman to direct the crane operator also clearly comes within Cooper’s capacity as stevedore employer.

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.

Price v. Irons

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

Given that the Court has found the judges to have absolute immunity, the Court does not proceed to consider defendants’ argument in the alternative that they also have qualified immunity.39 … 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.”

Wetzel v. St. Tammany Parish Jail

610 F. Supp. 2d 545 · District Court, E.D. Louisiana · Mar 5, 2009

it is determined that the allegation of poverty is untrue, or if the action or appeal is frivolous, malicious, fails to state a claim for which relief can be granted, or seeks monetary relief against a defendant who is immune … Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person,” which is defined by the Louisiana Civil Code as “an entity to which the law attributes personality, such as a corporation or

Drury v. United States, Department of the Army, New Orleans District Corps of Engineers

902 F. Supp. 107 · District Court, E.D. Louisiana · Oct 24, 1995

is not one that is enumerated in section 2680(h), the plaintiffs claim is still barred “when the underlying governmental conduct “essential” to the plaintiffs claim can fairly be read to “arise out of’ conduct that would establish … The Court refuses to transform plaintiffs claim, which clearly sounds in tort, into a *111 claim under the Takings Clause of the Fifth Amendment absent plaintiffs choice of making such a claim and absent legal authority to

Hyers

District Court, E.D. Louisiana · May 11, 2026

The complaint must meet both requirements to qualify for the Ex Parte Young exception. … Ct. 513 (2026), to establish that they had 9 R. Doc. 1. standing to bring this lawsuit. Standing is not at issue in the R&R.

Nelson v. Constant

District Court, E.D. Louisiana · Feb 20, 2020

To determine if qualified immunity is applicable, “[f]irst, the court must determine whether the plaintiff has alleged a violation of a clearly established federal constitutional or statutory right. … Defendants argue that qualified immunity is applicable here because they were acting in conformity with La. Rev.

Blancq v. Hapag-Lloyd A.G.

986 F. Supp. 376 · District Court, E.D. Louisiana · Nov 24, 1997

The record does not clearly show that Bach was the employee of anyone. It is therefore, unclear whether the LHWCA covered him.” 920 F.2d at 326 n. 5. … Defendants have failed to provide uncontested evidence that establishes that the ladder was reasonably fit for its intended use.

Fitzgerald v. Compania Naviera La Molinera

394 F. Supp. 402 · District Court, E.D. Louisiana · Jan 15, 1975

The legislative history clearly shows the Congressional intent. … As set forth above, the employer is immune from direct suit by the injured employee, and from indemnity claims by third parties sued by its employees; its executive officers, as fellow employees, are immune to direct suit