Case law

Starkman v. Evans

18 F. Supp. 2d 630 · District Court, E.D. Louisiana · Aug 26, 1998

Defendants also contend that Reverend Evans cannot qualify as an “employer” under the ADA, and thus cannot be individually liable for any claims brought under the ADA. … Thus, the Establishment Clause cannot at this stage bar plaintiff from proceeding. 2.

Lou v. Lopinto

District Court, E.D. Louisiana · May 19, 2023

Sheriff Lopinto does not seek dismissal or summary judgment based on qualified immunity in this Motion. … Belt, 828 F.2d 298, 304 (5th Cir. 1987)) (internal quotation marks omitted) (holding that the district court erred in concluding that the sheriff did not enjoy qualified immunity against the plaintiff’s failure to train

Dandridge v. Jefferson Parish School Board

332 F. Supp. 590 · District Court, E.D. Louisiana · Aug 13, 1971

More importantly, the plan should establish a genuinely unitary school system that will be realistic and effective. … In other words, suburban school boards are not immunized from the responsibilities of the Fourteenth Amendment even though it means facing problems that have long beset the adjacent central city.

Stewart v. Parish School Board of the Parish of St. Charles

310 F. Supp. 1172 · District Court, E.D. Louisiana · Feb 25, 1970

An examination of our sixty-six local public school systems will show clearly that the property owning taxpayers have willingly shouldered this burden in spite of opposition from segments of labor, conservatives, liberals … The Court said: “We are of the opinion that the ‘one person, one vote’ principle is now firmly established in broad general terms without qualification or exception.

In re Xarelto (Rivaroxaban) Products Liability Litigation

314 F.R.D. 397 · District Court, E.D. Louisiana · Apr 8, 2016

Ind. 2009) (“the immunity from discovery for opinion work product is absolute or nearly absolute"). The Honorable Eldon E. … Therefore, the information requested, i.e. a mere listing of materials reviewed, is not the type of information that deserves work product protection, and clearly is discoverable, Specifically, the PSC proposes a procedure

Sims v. Louisiana State

District Court, E.D. Louisiana · Jan 25, 2023

“[E]leventh amendment immunity is a jurisdictional issue that cannot be ignored, for a meritorious claim to that immunity deprives the court of subject matter jurisdiction of the action.” Jefferson v. La. Sup. … , responsiveness to the unique needs of the community, and the establishment of local partnerships and relationships with other local agencies . . . .”

International Offshore Services, LLC v. Linear Controls Operating, Inc.

122 F. Supp. 3d 528 · District Court, E.D. Louisiana · Aug 12, 2015

Thus, the policy clearly defines when a party other than the one named on the Declarations page qualifies as a Named Insured under the policy, and the phrase “any other person or organization qualifying as a Named Insured … The "21” is clearly a typographical error inverting tire "2” and "1” for 2012, because the policy period was October 16, 2011 to October 16, 2012. .

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’

Allied Oil Workers Union v. Ethyl Corp.

218 F. Supp. 438 · District Court, E.D. Louisiana · Jul 5, 1963

The union contends that the mere fact that the company did not attempt to draft employees for overtime work between 1956 and 1958 clearly establishes the fact that both the company and the union recognized that no such right … It sets forth the manner in which overtime work, when available, will be distributed among the qualified employees. These provisions pertain to voluntary overtime work only.

Zen-Noh Grain Corp. v. Jackson

943 F. Supp. 2d 657 · District Court, E.D. Louisiana · Apr 30, 2013

The party asserting jurisdiction bears the burden of establishing that the district court possesses jurisdiction. Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001). … There is no applicable waiver of the federal government’s sovereign immunity. Zen-Noh’s claims are dismissed for lack of jurisdiction. .

In Re Vioxx Products

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.

In Re Ingram Barge Co.

435 F. Supp. 2d 524 · District Court, E.D. Louisiana · May 25, 2006

The SAA: The SAA waives sovereign immunity for admiralty proceedings against the United States. … The statutory requirements to establish jurisdiction in this case have not been met. 4 . The "connection” test is often referred to as the "nexus” test.

Washington v. Murphy Oil Corp.

407 F. Supp. 2d 782 · District Court, E.D. Louisiana · Oct 12, 2005

credit in order to qualify for the disability pension, (id). … Murphy points out that Washington cannot establish that he relied on the five year designation in the SPD given that he was informed before he was administratively terminated, via his former counsel, that he did not qualify

United States v. Louisiana

751 F. Supp. 621 · District Court, E.D. Louisiana · Oct 30, 1990

The board has discretion to make further selectivity distinctions with the remaining institutions, so long as the admissions standards of the five selective schools designated herein clearly distinguish them from the remaining … Moreover, the board shall establish a state-wide other race scholarship program. (b) Other race admissions officers.

Tran

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

. §§ 2671-2680, 1346 “Absent a waiver of immunity the United States is immune from suit in tort.” Gregory v. Mitchell, 634 F.2d 199, 203 (5th Cir. 1981). … In short, the Fifth Circuit clearly instructs that, “[t]o sue successfully under the FTCA, a plaintiff must name the United States as the sole defendant.” Baker v. McHugh, 672 F.

Holmes

District Court, E.D. Louisiana · Apr 27, 2026

Holmes maintains Daniels’ conduct is outside the scope of prosecutorial immunity. Id. … In the context of state law prosecutorial immunity, the Louisiana Supreme Court has adopted the same immunity principles as federal court. See Knapper v.

Kindred v. Blake International Holdings, L.L.C.

805 F. Supp. 2d 278 · District Court, E.D. Louisiana · Apr 15, 2011

If the moving party meets the initial burden of establishing that there is no genuine issue, the burden shifts to the non-moving party to produce evidence of the existence of a genuine issue for trial. Celotex Corp. v. … Here, W & T clearly had authoritative direction and control over Kindred and his work. The day after he was hired by Dynamic, Kindred reported directly to W & T for transportation to the ST 316-A.

Sentilles v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Oct 4, 2024

Ross Construction Co., and government contractor immunity under Boyle v. … Rule 702 also requires that an expert be properly qualified.

Cofield

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

To possess such a capacity under Louisiana law, an entity must qualify as a “juridical person,” which is “an entity to which the law attributes personality, such as a corporation or partnership.” La. Civ. … Cofield does not allege any facts to establish that Sheriff Soignet and Warden Ledet are directly involved in the cleaning of the correctional center.

Whalen v. Morice

District Court, E.D. Louisiana · Sep 17, 2021

However, assuming Detective Caillouet provided the information to Morice, Detective Caillouet is entitled to qualified immunity. … To overcome qualified immunity, plaintiffs must prove that (1) the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at