Case law

United States Ex Rel. Garibaldi v. Orleans Parish School Board

46 F. Supp. 2d 546 · District Court, E.D. Louisiana · Jun 4, 1999

Healthy Department of Education was not entitled to Eleventh Amendment immunity. … An award of $4.6 million is clearly within a reasonable range based upon the evidence presented by the jury.

Martin v. Boyd Gaming Corp.

252 F. Supp. 2d 321 · District Court, E.D. Louisiana · Mar 26, 2003

Hearsay evidence and un-sworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … Such limited movement, was clearly incidental to TREASURE CHEST’s primary function as a floating, but stationary, gambling casino.

Arce v. Louisiana

226 F. Supp. 3d 643 · District Court, E.D. Louisiana · Dec 22, 2016

“A plaintiff must first establish a prima facie case of discrimination before relief under the ADA can be considered.” Melton v. Dallas Area Rapid Transit, 391 F.3d 669, 671 (5th Cir. 2004). … Clearly, video conferencing is not mandated by the ADA.

Bryant v. Department of Public Safety And Corrections

District Court, E.D. Louisiana · Oct 25, 2019

Humphrey doctrine13 and that LeBlanc and Griffin are entitled to qualified immunity.14 7 R. Doc. 1-1, ¶8. 8 R. … Doc. 20, p.11. 42 Because the Court finds Plaintiff’s §1983 claims are barred under Heck, the Court does not reach Defendants’ qualified immunity claims.

Southern Insurance v. Consumer Insurance Agency, Inc.

442 F. Supp. 30 · District Court, E.D. Louisiana · Nov 30, 1977

. * Southern Insurance Company, a Texas corporation (“Southern”), established an agency agreement for the sale of Southern’s policies in the state of Louisiana. … Moore’s signature was not qualified or characterized in any manner. The agreement provides that the contract is to be construed under Texas state law.

Davis v. Harris

550 F. Supp. 935 · District Court, E.D. Louisiana · Sep 16, 1982

The Act then establishes a number of statutory presumptions of dependency. … “Any child who qualifies under [that section] is considered legitimate for section 212(d)(3) purposes and thus dependent.” Id. at n. 2.

Becnel v. Lamorak Insurance Company

District Court, E.D. Louisiana · Sep 18, 2020

, federal contractor immunity, and preemption by the LHWCA. … To establish a “colorable federal defense” using the government contractor immunity defense, a defendant must satisfy a three-part test: “(1) the United States approved reasonably precise specifications

In re Oil Spill

295 F.R.D. 112 · District Court, E.D. Louisiana · Jan 11, 2013

A Clean-Up Worker may qualify for a payment of $7,750 on Level A2 by providing such a declaration plus supporting medical records establishing that his/her claimed condition persisted when he/she presented to the medical … The Medical Class is adequately defined and clearly ascertainable.

Smith v. Woods

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

, she argues that she is entitled to qualified immunity for her alleged actions in this case.98 Judge Barial asserts that Plaintiff wholly fails to identify what clearly established constitutional right was at issue in … .104 She states that she is bringing claims against Judge Barial in her individual capacity under Section 1983.105 Plaintiff argues that Judge Barial is not entitled to judicial immunity or qualified immunity because of

Verdin v. Soignet

District Court, E.D. Louisiana · Aug 2, 2023

Immunity, Affirmative Defenses, Answer to Plaintiff’s Complaint.”3 LAW AND ANALYSIS Under Federal … Brown, 84 F.3d 137, 141 (5th Cir. 1996) (“An entry of default is what the clerk enters when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a).

Gasper v. Louisiana Stadium & Exposition District

418 F. Supp. 716 · District Court, E.D. Louisiana · Sep 8, 1976

This Court does not believe that it is necessary to decide whether the complained-of conduct is or is not state action as required by § 1983, since the Court is of the opinion that there clearly has been no violation of plaintiffs … As in the instant case, the plaintiffs in Tanner cited a potpourri of federal constitutional and statutory provisions to establish jurisdiction.

Muslow v. Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Apr 14, 2020

The qualified-immunity analysis involves determining: (1) whether the plaintiff has alleged a violation of a federal statutory or constitutional right, and (2) whether the right at issue was “clearly established” at the … the Equal Protection Clause was not clearly established within this circuit.

Steib v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Sep 3, 2025

It invoked the affirmative defenses of government contractor immunity established by Boyle v. United Techs. … Second, this district has long recognized that Avondale qualifies as a “person” for purposes of removal under the federal removal statute. See, e.g., Constanza v. Sparta Ins. Co., 739 F. Supp. 3d 372, 383 (E.D.

Total Benefit Services, Inc. v. Group Insurance Administration, Inc.

875 F. Supp. 1228 · District Court, E.D. Louisiana · Feb 8, 1995

Noerr-Pennington Immunity. … The doctrine immunizes the actions of municipalities and other local government entities when their actions stem from clearly articulated and affirmatively expressed state policy authorizing the anticompetitive conduct in

Fagot v. Ciravola

445 F. Supp. 342 · District Court, E.D. Louisiana · Feb 2, 1978

The omission of a named defendant clearly requires correction. The plaintiff offers no objection to a specification of the component parts of the total damages award. … The affidavit of Chief Miller is insufficient to establish facts proving either that Mr.

BW Offshore USA, LLC v. TVT Offshore

145 F. Supp. 3d 658 · District Court, E.D. Louisiana · Nov 13, 2015

The parties disagree, however, as to whether these features qualify it as vessel. … A plain reading of the contract, however, shows that this term is clearly defined in paragraph 11.2. 40 Though paragraph 13.2 references paragraph 10.2 for a definition of the “Owner’s Group,” this is an obvious typographical

Vega v. Gusman

District Court, E.D. Louisiana · Jun 9, 2022

Plaintiff timely filed an Amended Complaint.12 On March 29, 2022, the Court granted the Deputy Defendants’ Motion for Summary Judgment on the Issue of Qualified Immunity,13 determining that the Deputy Defendants were entitled … to qualified immunity, and dismissed Plaintiff’s § 1983 claims against the Deputy Defendants in their individual capacities.14 Thereafter, on April 1, 2022, the Court granted Defendant Caesars Entertainment

Norris

District Court, E.D. Louisiana · Jun 4, 2026

A procedural injury alone is not enough to establish standing, plaintiff must also clearly show that the abridged procedural process will result in a concrete and particularized injury to her. … “The Young exception to state sovereign immunity applies when the party invoking it establishes three criteria.” Id.

Greater New Orleans Fair Housing Action Center v. St. Bernard Parish

641 F. Supp. 2d 563 · District Court, E.D. Louisiana · Mar 25, 2009

Pielert, 2009 WL 35337 (D.Minn.2009)(noting “ghetto” was a “racially-charged term” in the § 1983 context preventing summary judgment on qualified immunity). … Bernard Parish clearly is an appeal to racial as well as class prejudice. Additionally, even Mr.

Newell-Davis v. Phillips

District Court, E.D. Louisiana · Aug 2, 2021

Immunities Clause.90 The Privileges or Immunities Clause of the Fourteenth Amendment pertinently provides: “No state shall make or enforce any law which shall abridge the privileges or immunities … Accordingly, the Court will address only the Privileges or Immunities Clause. Compare U.S. Const. art. IV, § 2, cl. 1 (Privileges and Immunities) with U.S. Const. amend.