Case law

Storyville District New Orleans, LLC v. Canal Street Development Corp.

785 F. Supp. 2d 579 · District Court, E.D. Louisiana · Mar 28, 2011

The plaintiffs suggest that the law was clearly established at the time of the incident and that the defendants are not entitled to qualified immunity because they knew their actions were wrongful "in light of the conditional … Here, Congress clearly reserved to the U.S. Supreme Court appellate jurisdiction over state court judgments "rendered by the highest court of a State[.]”

Pierce v. BP America Production Company

District Court, E.D. Louisiana · Jun 8, 2022

argue BPAPC qualifies as Plaintiff’s borrowing employer due to its status as agent of BPX.61 Defendants argue BHP, as co-owner and joint venturer of BPX, is entitled to the same tort immunity as BPX.62 … This factor clearly weighs in favor of borrowed employee status. IX. Who had the obligation to pay Plaintiff?

Ledomicile, Inc. v. Louisiana Ex Rel. Department of Health & Human Resources

674 F. Supp. 546 · District Court, E.D. Louisiana · Sep 28, 1987

Bobear, 814 F.2d 1055 (5th Cir.1987), plaintiffs concede that DHHR is an alter ego of the State of Louisiana entitled to Eleventh Amendment immunity from any claim for damages or injunctive relief. … As such, the complaint does not clearly specify whether Robinson and Loe are sued personally, in their official capacity, or both.

Brady v. Falgout

42 F. Supp. 532 · District Court, E.D. Louisiana · Dec 22, 1941

From the foregoing recital, it clearly appears that the conveyance records of the Parish of St. Charles, La. … “Prescription runs against all persons, unless they are included in some exception established by law”, reads Article 3521, R. C. C.

Hird v. Resource Drilling, Inc.

514 F. Supp. 114 · District Court, E.D. Louisiana · Apr 16, 1981

The section makes no indication that this subject was intended to be resolved by its provisions, and until the jurisprudence established the principal’s tort immunity, no one would have concluded that it should be so used … Heebe claimed that Wolf was a contractor for its bakery and therefore it was a statutory employer of Wolf’s employee and immune from tort liability.

United States v. Fox

211 F. Supp. 25 · District Court, E.D. Louisiana · Nov 2, 1962

He served, however, until his successor, the present Registrar, Miss Fox, was qualified in July 1958. … There is no reason why they should not be considered, unless it is clearly indicated there is an error in the tabulation.

United States v. Jack Sabin's Private Club

265 F. Supp. 90 · District Court, E.D. Louisiana · Mar 10, 1967

The advertising by billboard and newspaper clearly invites the public to dine at this establishment. It extolls the virtues of the foods served and the services offered. … All of the advertising still clearly invites the public —not just “members” — to come and dine. 11.

Nicolais v. Cheramie

District Court, E.D. Louisiana · Aug 12, 2024

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … It is [the plaintiff’s] burden to establish actual proof of bad faith. Hensler v. Dist.

Wagoner v. Exxon Mobil Corp.

813 F. Supp. 2d 771 · District Court, E.D. Louisiana · Aug 24, 2011

Saux are qualified to parse epidemiological studies to provide an opinion on general causation. a. Whether Dr. Butler is qualified—Dr. … Clearly, this would undercut the reliability of the expert’s opinion. See Claar v. Burlington *803 N. R.R.

Danks v. Grayson

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

“Qualified immunity shields public officials sued in their individual capacities from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The qualified immunity inquiry includes two parts.

Bossetta-Goodman v. Datacom Systems Corp.

644 F. Supp. 354 · District Court, E.D. Louisiana · Sep 30, 1986

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Clearly implicit in this latter allegation is a recognition that local and state authorities will not enforce the parking tickets if they do not accord with state procedures.

Billiot

District Court, E.D. Louisiana · Jan 26, 2026

contentions are clearly baseless.” Neitzke v. Williams, 490 U.S. 319, 327 (1989); Macias v. Raul A. (Unknown), Badge No. 153, 23 F.3d 94, 97 (5th Cir. 1994). … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

Currier v. Entergy Corp. Employee Benefits Committee

234 F. Supp. 3d 808 · District Court, E.D. Louisiana · Feb 14, 2017

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. … A plan administrator abuses its discretion where the decision is not “based on evidence, even if disputable, that clearly supports the basis for its denial.” Lain v. UNUM Life Ins.

Young

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

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … In Lewis, the Supreme Court made clear that an inmate must establish actual injury to state a claim for denial of his right of access to the courts.

Sharp v. Johnson Bros. Corp.

719 F. Supp. 516 · District Court, E.D. Louisiana · Sep 7, 1989

The second issue is whether the plaintiff presented proof that serves to establish that he was either permanently assigned to or performed a substantial portion of his duties aboard those things which qualify under the law … Thus, it was clearly a work platform, not a vessel. Indeed, in presenting his case, the plaintiff chose to focus on his alleged attachment to all of the alleged vessels.

Kennedy v. Braskem America, Inc.

District Court, E.D. Louisiana · Aug 7, 2019

A written agreement, which provides workers’ compensation insurance coverage, between a general contractor and subcontractor is “absolutely necessary to qualify for immunity.” Briggs v. … The defendants suggest that the Amended EPC Contract, along with enrollment forms,9 are sufficient to establish their immunity defense.

Hampton v. Praetorian Insurance Company

District Court, E.D. Louisiana · Jan 17, 2020

immunity clearly applies to defeat plaintiffs’ claim. . . .”155 On the contrary, in Martin v. … Hampton would only be required to establish gross negligence if discretionary function immunity applies.

Otkins v. Gilboy

District Court, E.D. Louisiana · Feb 1, 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 … Circuit vacated this Court’s Order granting summary judgment to Defendant Jack Gilboy, finding that genuine issues of material fact precluded summary judgment on qualified immunity as to Gilboy.6 The Fifth Circuit affirmed

Barker

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

Barker’s federal habeas proceeding are clearly immunized and must be dismissed for this independent reason. … Applying these factors, Judge Dysart clearly enjoys absolute judicial immunity from Mr. Barker’s claims. Mr.

Culotta v. Sodexo Remote Sites Partnership

864 F. Supp. 2d 466 · District Court, E.D. Louisiana · Mar 29, 2012

To prevail on her claim of discrimination in violation of the ADA, Culotta must establish that (1) she has a disability, (2) she is qualified for the position in which she seeks employment, and (3) she was discriminated against … disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune