Case law

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 … qualified immunity as to Gilboy.6 The Fifth Circuit affirmed the granting of summary judgment as to all other Defendants.7 Since this case returned to the Court’s docket, the parties

Elwakin v. Target Media Partners Operating Co. LLC.

901 F. Supp. 2d 730 · District Court, E.D. Louisiana · Oct 9, 2012

Because the Court has already established that there is a genuine dispute of material fact as to whether Elwakil was terminated or resigned, the evidence clearly suffices to establish Elwakil’s prima facie case of retaliation … There is nothing in this statement that establishes this contention.

Parson v. Kaiser Aluminum & Chemical Corp.

497 F. Supp. 339 · District Court, E.D. Louisiana · Aug 28, 1980

The same may be said to be true of Parson, who was neither an exceptionally well qualified nor a clearly unqualified furnace operator at the times pertinent. He was average. … This opportunity must be extended, but that burden is, clearly, upon the claiming party. 7.

United States ex rel. Wilson v. Walker

263 F. Supp. 289 · District Court, E.D. Louisiana · Jan 24, 1967

Without more it cannot be said that Negroes had been left off grand-jury panels to such a degree as to establish a prima facie case of discrimination.” And in Brooks v. … those on grand jury panels, established a prima facie case. The Court rejected this.

Holland v. Norton

70 F. Supp. 2d 666 · District Court, E.D. Louisiana · Sep 10, 1999

The evidence submitted clearly establishes that the train operators maintained a proper lookout, sounded the horn and .traveled well within the federal regulations. … The plaintiff could have placed himself in a position where he could have clearly seen down the entire length of the track.

Campbell v. Sales Tax District 3 of St. Tammany Parish

673 F. Supp. 790 · District Court, E.D. Louisiana · Nov 16, 1987

Tammany Parish and Police Jury officials clearly culminate in the imposition of a “tax under State law,” as defined by the Act. See Tramel v. … Thus, to the extent plaintiffs in this matter seek injunctive relief, this Court is clearly without jurisdiction to grant injunctive relief.

Richardson v. Advanced Cardiovascular Systems, Inc.

865 F. Supp. 1210 · District Court, E.D. Louisiana · Sep 14, 1994

Only after review by those qualified to render expert analysis can this Court entertain the matters currently before it. … hospitals licensed in Louisiana); La.R.S. 40:1299.42 (specifying requirements to be "qualified” under the Act). 22 .

Hoffman v. Bailey

257 F. Supp. 3d 801 · District Court, E.D. Louisiana · Jun 20, 2017

constitutes defamation per se, and thus the Court denied Bailey’s motion to dismiss under Rule 12(b)(6). 35 On February 10, 2016, Bailey filed a notice of appeal to the Fifth Circuit on the grounds that he was entitled to immunity … However, the Court, notes that it finds ijifra that Hoffman has not established that the publication was “unprivileged” as a matter of law. 4.

Solomon v. Buckley

86 F.R.D. 464 · District Court, E.D. Louisiana · Apr 22, 1980

Since the Solomons have, clearly, sold their stock and since their shareholders’ derivative action is, clearly, pending, they have — say the defendants — lost standing to further prosecute this case. … To hold that a merger generally would have the effect of destroying such causes of action would be tantamount to paving the way for deliberate corporate pilfering by management and then for the immunization of the guilty

Gary W. v. State of La.

437 F. Supp. 1209 · District Court, E.D. Louisiana · Dec 2, 1976

The low board rate paid Louisiana facilities has discouraged the establishment *1222 of new child facilities and has limited the available of in-state placement. 9 The Louisiana institutions are not parties to this suit. … mistreatment of the child, as required below; 2.414 A summary of family visits and contacts; 2.415 A summary of attendance and leaves from the institution; 2.416 A record of any seizures, illnesses, treatments thereof, and immunizations

McCain v. Davis

217 F. Supp. 661 · District Court, E.D. Louisiana · May 15, 1963

By this decision the owners or operators of hotels or other establishments covered by the statute are merely no longer required by state law to segregate. … The hotels involved in this litigation are privately owned and operated and are thus, in my opinion, clearly not within the ambit of the Fourteenth Amendment.

Price v. Irons

District Court, E.D. Louisiana · Jun 8, 2020

Mar. 20, 2015) (“Claims of absolute and qualified immunity may . . . be raised in a Rule 12(b)(6) motion to dismiss.” (citing Morales v. … 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.”).

Alcoa Steamship Company v. Charles Ferran & Company

251 F. Supp. 823 · District Court, E.D. Louisiana · Mar 2, 1966

The defenses which may be asserted by each codebtor in solido are established by the Louisiana Civil Code: “Art. 2098. … United States Fidelity & Guaranty Co., 241 La. 1096 , 134 So.2d 45, 50 (1961); charitable immunity, Lusk v.

Fund for Louisiana's Future v. Louisiana Board of Ethics

17 F. Supp. 3d 562 · District Court, E.D. Louisiana · May 2, 2014

FFLF was established by Charles R. … FFLF was established by me.

In Re FEMA Trailer Formaldehyde Products Liability Litigation

583 F. Supp. 2d 758 · District Court, E.D. Louisiana · Oct 3, 2008

In the present motion to dismiss, FEMA seeks dismissal from this lawsuit, claiming immunity from suit. … The consultation is not intended to establish FEMA’s future policy concerning temporary housing units.

Xcaliber International Ltd. v. Ieyoub

377 F. Supp. 2d 567 · District Court, E.D. Louisiana · Feb 4, 2005

The Amended Qualifying Statute imposes a national cost on doing business within the state. … Because the amended escrow statute is not discriminatory, the key issue is whether “the burden imposed on such [interstate] commerce is clearly excessive in relation to the putative local benefits.”

A.F. v. St. Tammany Parish School Board

District Court, E.D. Louisiana · Apr 28, 2025

They argue that A.F. clearly needed an accommodation to be assisted down the hallway to the cafeteria. R. Doc. 72 at 16. … Clearly, factual disputes persist as to whether the School Board intentionally downplayed or covered up the incidents.

Ducote v. Judiciary Commission of Louisiana

District Court, E.D. Louisiana · Jun 12, 2020

Plaintiffs do not argue that the Judiciary Commission of Louisiana is not an arm of the state qualifying for Eleventh Amendment immunity; rather, Plaintiffs argue that Eleventh … “[T]he Eleventh Amendment by its terms clearly applies to a suit seeking an injunction, a remedy available only from equity.

Tillman v. John Deere Construction and Forestry Company

District Court, E.D. Louisiana · May 4, 2022

Doc. 1-5, however qualified his admission by stating that “Mr. … requirements do not apply, defendant Marin would qualify for immunity under LA. REV.

U.S. Equal Opportunity Employment Commission v. E.I. Du Pont De Nemours & Co.

406 F. Supp. 2d 645 · District Court, E.D. Louisiana · Jun 6, 2005

Sikes, 218 F.3d at 494 (affirming district court’s decision to combine issues of liability and the defense of qualified immunity into a single interrogatory). … Clearly, Stein’s experience qualified her to testify as an expert in emergency evacuation of individuals with disabilities.