Case law

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.

Maldonado v. Ochsner

237 F.R.D. 145 · District Court, E.D. Louisiana · Mar 24, 2006

In their briefs, the plaintiffs fail to specify what practices qualify as abusive, aggressive, and harassing. … The plaintiffs have not established that any member of the class is likely to suffer an Ochsner-imposed injury in the future.

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.

Hardy v. Shell Chemical Co.

693 F. Supp. 2d 611 · District Court, E.D. Louisiana · Mar 1, 2010

In order to establish a prima facie case of disparate-treatment discrimination based upon age, the complainant must show that: (1) he was at least forty years of age, 22 (2) he was qualified for the position, (3) he suffered … Frank, 486 U.S. 549, 559 , 108 S.Ct. 1965, 1971 , 100 L.Ed.2d 549 (1988) ("Congress simultaneously provided federal employees with a cause of action under Title VII and effected a waiver of the Government's immunity from

In Re Oil Spill by the Oil Rig "Deepwater Horizon"

808 F. Supp. 2d 943 · District Court, E.D. Louisiana · Aug 26, 2011

Under clearly established law, the DEEPWATER HORIZON was a vessel, not a fixed platform. … and/or qualify for the commercial fishermen exception.

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.

Senior

District Court, E.D. Louisiana · Feb 3, 2026

“‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … Kato, 549 U.S. 384 (2007), the Supreme Court established a modified version of Heck that applies in the pretrial context.

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.

Bodden v. Moore

District Court, E.D. Louisiana · Apr 21, 2025

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. See Iqbal, 556 U.S. at 678. … immunities that can be claimed” are “forms of sovereign immunity”).

Efferson v. Kaiser Aluminum & Chemical Corp.

816 F. Supp. 1103 · District Court, E.D. Louisiana · Jan 29, 1993

Form SP-38, Baloise Policy. 40 The clause at issue clearly and unambiguously removes from the scope of this coverage the “Crew and Employees of Assured.” B. … The Louisiana Worker’s Compensation Act does not provide immunity for intentional acts. La.Rev.Stat.Ann. § 23:1032(B). 9 .

Kristy Smith v. Jefferson Parish, et al.

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

immunity, that Defendant should be allowed to assert.16 The present Motion was set for submission on July 21, 2026, and as of the date of this Order and Reasons, no response by Plaintiff has been filed.17 … The Fifth Circuit has established a three-part test for determining whether to set aside an entry of default.18 When determining whether to set aside an entry of default, “the district court should consider whether

Odynocki v. Southern University at New Orleans

District Court, E.D. Louisiana · Mar 21, 2024

Plaintiff voluntarily dismissed the first complaint, 22-cv- 2695, and Magistrate Judge North dismissed the second, 22-cv-209, on jurisdiction, qualified immunity, and Rule 12(b)(6) grounds. … , and qualified immunity. 11 Stults v.

In Re Mastercard International Inc., Internet Gambling Litigation

132 F. Supp. 2d 468 · District Court, E.D. Louisiana · Feb 23, 2001

Logically, then, a violation of the civil statutes cited by plaintiff are not “chargeable under state law and punishable by imprisonment of more than one year”, and thus do not qualify as a predicate act to establish a pattern … This clearly established principle cannot be circumvented by attempting to characterize a routine contractual relationship for services as an independent enterprise. Jubelirer at 1053 .

EMMA G. v. Edwards

434 F. Supp. 1048 · District Court, E.D. Louisiana · Jul 11, 1977

Therapeutic abortions are recognized as medically necessary procedures, and payment for therapeutic abortions is made, under Title XIX regulations, to any qualified medical vendor. … The court held in Arnold, supra at 23-24 that: “The challenged section of the Indiana abortion statute is clearly unconstitutional.

Alba v. Pelican Marine Divers, Inc.

391 F. Supp. 954 · District Court, E.D. Louisiana · Mar 19, 1975

Acceptance of its defense was qualified and there was no showing of prejudice to Chevron as a result of withdrawal of the defense twice undertaken by Offshore, Corinth and Steamship. … Steamship’s assumption of the defense of Chevron was qualified pursuant to the terms and conditions of the policy. See Chevron Exhibit I, pp. 96-97. 12 .

Blanke v. Time, Inc.

308 F. Supp. 378 · District Court, E.D. Louisiana · Jan 6, 1970

Defendant, asserting its qualified privilege under the First Amendment, has moved for summary judgment. The controlling legal principle that has evolved in the five years since New York Times Co. v. … But if the defendant moves for summary judgment on the ground that plaintiff does not have an enforceable claim he has the burden of clearly establishing the lack of any triable issue of fact and must take the initiative

Athletic Training Innovations, LLC v. eTagz, Inc.

955 F. Supp. 2d 602 · District Court, E.D. Louisiana · Jul 1, 2013

a cease-and-desist letter to Plaintiff in Louisiana, and initiated three phone calls *609 to Plaintiff. 54 Plaintiff also argues that “one of the Defendant’s telephone calls was perpetrated under false pretenses and was clearly … Civ.Code Article 2315.” 61 Therefore, Plaintiff argues that “[s]uch allegations of knowingly and purposely misrepresenting the scope and attributes of patents in order to purposely inflict harm upon plaintiff clearly invokes

Dennis

District Court, E.D. Louisiana · Sep 9, 2026

each element of the privilege or immunity that is claimed.”). 14 Jordan v. … Johnson’s statement relating to the 2024 incident qualifies as work product or that his representative would not otherwise be entitled to his own statement, it has failed to carry its burden to establish that work product

Plaquemines Parish Ventures LLC v. Plaquemines Parish Council

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

Rather, they assert that this Court lacks jurisdiction because they are protected by legislative immunity. … While the Fifth Circuit has not yet determined whether legislative inaction qualifies as legislative activity, others have. See, e.g., NRP Holdings LLC v.

Moody v. Walker

District Court, E.D. Louisiana · Aug 5, 2021

Mayor Baudier and the City of Harahan’s Motion to Dismiss With the exception of Chief Walker’s assertion of qualified immunity, the Motion to Dismiss filed by Mayor Baudier and the City of Harahan (“the “City … “When a defendant asserts qualified immunity, the plaintiff bears the burden of pleading facts that demonstrate liability and defeat immunity.