Case law

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.

Renell Williams v. Starr Indemnity & Liability Co. et al.

District Court, E.D. Louisiana · Feb 18, 2026

from tort liability for injuries their employees suffer in the course and scope of employment.10 When an employer enters into a contract with a “principal” to perform the principal’s work, and the principal qualifies … as a “statutory employer” under the LWCL, tort immunity extends to the principal.11 Louisiana Revised Statutes § 23:1061 establishes the requirements that a principal must meet to qualify as a statutory employer

Citizens for a Better Gretna v. City of Gretna, La.

636 F. Supp. 1113 · District Court, E.D. Louisiana · May 12, 1986

Racial Polarization in Voting Statistical evidence presented by duly qualified expert witnesses for plaintiffs and supplemented to some degree by direct testimony of lay witnesses, establishes that racially polarized voting … “The failure of plaintiff to establish any particular factor, is not rebuttal evidence of non-dilution.” Id.

Agrico Chemical Co. v. SS Atlantic Forest

459 F. Supp. 638 · District Court, E.D. Louisiana · Oct 5, 1978

It has thus established a prima facie case in its action for damages against the cargo carrier Central Gulf. … In determining this issue, the carrier has the burden of proof in establishing a lack of privity or knowledge on its part.

In Re Vioxx Products Liability Litigation

501 F. Supp. 2d 789 · District Court, E.D. Louisiana · Sep 4, 2007

It gives a qualified immunity to communications that are created in preparation for litigation. … The status of the attorney in relation to the client (outside rather than in-house) establishes these facts by a prima facie standard.”). 13 . Paul R.

Brooks v. Kahrs

District Court, E.D. Louisiana · Mar 20, 2025

Liquid Air Corp., 37 raising qualified immunity). … qualified immunity outright”; overruling qualified immunity is “outside [the Court’s] abilities.”

Hawkins

District Court, E.D. Louisiana · Jul 21, 2026

Doc. 9. 2 In conjunction with an adjustment of status requested through a Form I-485, an alien seeking a family-based visa must have their qualifying relative, who … Therefore, the USCIS’s handling of the Petitions clearly does not amount to unreasonable delay, when compared to the standard processing time.

New Orleans Electrical Pension Fund v. DeRocha

779 F. Supp. 845 · District Court, E.D. Louisiana · Dec 17, 1991

The parties have stipulated to the following facts and law. 1 The Plan is a jointly-administered, multi-employer benefit plan established and administered pursuant to ERISA. … I 1989), also require the payment of a QPSA for a fund to qualify under the Code and ERISA as a benefit plan.

In re Mexican-American Fruit & Steamship Corp.

34 F.2d 674 · District Court, E.D. Louisiana · Sep 11, 1929

It is the condition precedent, compliance with which is required of the vessel’s owner to give him the benefit of the immunity afforded by the act. International Navigation Co. v. Farr & Bailey Mfg. Co., 181 U. … While it is true that the vessel did not open up immediately after grounding, those who by experience and observation are most qualified to express themselves have stated that it is possible under the circumstances for mud

Plunkett v. Merck & Co.

489 F. Supp. 2d 587 · District Court, E.D. Louisiana · May 30, 2007

Graham is qualified to testify as to the existence of a thrombus and its role in Mr. Irvin’s death. He just is not qualified to testify that Vioxx can cause a thrombus and did cause Mr. Irvin’s thrombus. … Rayburn clearly misrepresented his certification status to both this Court and to the jury. Moreover, Dr.

Harris

District Court, E.D. Louisiana · Dec 30, 2025

does not exist.”10 A court may not dismiss a claim simply because the facts are “unlikely.”11 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional … CONCLUSION Although Plaintiff has sufficiently established her inability to pay fees under 28 U.S.C.

Morrison v. Blanchard

District Court, E.D. Louisiana · Apr 3, 2023

Lotttinger and Holmes also argue that they are entitled to qualified immunity. Blanchard has filed a separate motion to dismiss pointing out that Mr. … He argues further that he is entitled to qualified immunity. Mr. Morrision opposes.

United States ex rel. Mack v. Walker

231 F. Supp. 819 · District Court, E.D. Louisiana · Jul 9, 1964

The burden of establishing the discrimination rests upon the defendants. … Certainly it is necessary to have only qualified persons serve on a grand jury.

Gambel v. Tullis

307 F. Supp. 3d 570 · District Court, E.D. Louisiana · Feb 7, 2018

Ragweed was established by Deborah and Eli Tullis, Sr., who distributed shares in the company among their children and various heirs. Rec. Doc. 1 at 7. … The corporate statutes clearly anticipate that entities will name their initial management in their formation articles, and contain no indication that this action undercuts the company's ability to later remove those named

Sandifer v. Central States Southeast & Southwest Areas Pension Fund

709 F. Supp. 713 · District Court, E.D. Louisiana · Mar 30, 1989

Firestone, therefore, teaches that the defendant here falls within the exception to de novo review of Section 1132(a)(1)(B) claims established by the Supreme Court in that case. … The Supreme Court has clearly held that ERISA preempts all state laws relating to any claim arising out an employee benefit plan. 29 U.S.C. § 1144 (a); Pilot Life Insurance Co. v.

United States by Clark v. Local 189, United P. & P., Afl-Cio, Clc

301 F. Supp. 906 · District Court, E.D. Louisiana · Jun 26, 1969

d) Whether an employee in the affected class or classes is entitled by law to enter certain lines of progression at a point above the established entry point ? … Since the most recent of the discriminatory practices clearly identifiable from the record — the matter of temporary assignments from the Extra Board — was corrected on February 14, 1968, the affected class includes all Negroes

Kell v. Iberville Bank

352 F. Supp. 3d 650 · District Court, E.D. Louisiana · Nov 7, 2018

But while that finding lowers the bar for what conduct may qualify as extreme, it does not eliminate Plaintiff's burden to establish a pattern of "deliberate, repeated harassment over a period of time." Id. … See id. at 733 (finding that federal whistleblower statutes clearly only apply to employment decisions made after a protected disclosure).

Holmes v. White

District Court, E.D. Louisiana · Feb 23, 2024

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Imbler, 424 U.S. at 427. … Nevertheless, “the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Id. c.

United States v. St. James Parish

792 F. Supp. 1410 · District Court, E.D. Louisiana · Apr 6, 1992

The Hill-Burton Act 42 U.S.C. § 291i provides no definitive guidance, and the jurisprudence is equally elusive on the subject, although clearly under United States v. St. … If any facility with respect to which funds have been paid under section 606 shall, at any time within 20 years after completion of construction or modernization— (1) be sold or transferred to any entity (A) which is not qualified

Cantrelle v. Huntington Ingalls Inc

District Court, E.D. Louisiana · Apr 29, 2025

A federal defense may be “colorable” even if it is not “clearly sustainable”; in order to remove the defendant need not “win his 7 case” as to his … Mindful that Avondale is not being sued over the warnings that it did give or the protection measures that it did provide pursuant to its government contracts, i.e., decisions that clearly were part of the government’