Case law

Moody v. Jefferson Parish School Board

803 F. Supp. 1158 · District Court, E.D. Louisiana · Oct 5, 1992

The court set forth the burden of proof that § 1981 plaintiffs must carry: [I]t is now well-established that in order to assert a claim based upon unconstitutional racial discrimination a party must not only allege and prove … has submitted no evidence indicating that defendants acted with an intent to discriminate on the basis of race, plaintiffs discrimination claims are without substantiation____ In such a circumstance, summary judgment is clearly

LeBlanc v. Huntington Ingalls, Incorporated

District Court, E.D. Louisiana · May 23, 2025

. §§ 901-950; federal contractor immunity, established by Boyle v. United Technologies Corp., 487 U.S. 500 (1988); and derivative sovereign immunity, established by Yearsley v. W.A. … In this case, Avondale raises the Boyle government contractor immunity defense and the Yearsley derivative sovereign immunity defense.22 Under Boyle, the government contractor immunity defense applies “when (1) the United

Harris v. Louisiana Office of Juvenile Justice

District Court, E.D. Louisiana · Jun 26, 2019

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. Iqbal, 556 U.S. at 678. It need not 25 R. … In Louisiana, an entity “must qualify as a juridical person” to be capable of being sued. Dejoie v. Medley, 945 So. 2d 968, 972 (La. App. 2 Cir. 2006).

Quatrevingt v. Landry

District Court, E.D. Louisiana · Aug 29, 2019

To be entitled to a preliminary injunction, the movant must “clearly” establish the following four elements: (1) a substantial likelihood that he will prevail … a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.’”39 The Fifth Circuit has further noted that “Louisiana has not waived its sovereign immunity

Nissan Motor Corp. in U.S.A. v. Royal Nissan, Inc.

757 F. Supp. 736 · District Court, E.D. Louisiana · Mar 7, 1991

In late 1989, after conducting a Market Study of the Baton Rouge Metropolitan Market, Nissan determined that its competitive position was not what it should be and decided that a Nissan dealership should be established in … To this eleventh amendment immunity, the Supreme Court has carved an exception: state officials allegedly acting contrary to federal law may be prospectively enjoined from future action in federal court pursuant to section

Rubinstein v. Administrators of Tulane

58 F. Supp. 2d 702 · District Court, E.D. Louisiana · Mar 6, 1998

In Burdine , the Court noted that to establish a prima facie case of racially discriminatory hiring, a plaintiff must establish: (1) that he belongs to a racial minority; (2) that he applied and was qualified for a job for … We hold that plaintiff did show that he was qualified for the teaching and coaching positions which he had held for several years, and that he therefore met his burden of establishing the second element of his pri-ma facie

Richmond v. United States

699 F. Supp. 578 · District Court, E.D. Louisiana · Oct 17, 1988

Bopp could not testify as to the value of the facade donation on the property at 613-615 Du-maine Street, because he had not been offered or qualified as an expert. Mr. … Clearly, plaintiffs over valued the facade donation by a factor well in excess of 150%.

United States v. Robichaux

698 F. Supp. 107 · District Court, E.D. Louisiana · Oct 11, 1988

It was these false statements which Price and the others used in order to obtain cash from the bank to which they were clearly not entitled. Price, supra, 763 F.2d at 643 . Accord, U.S. v. … Collaterally, defendant adds that the admission of evidence establishing pre-enactment actions as proof of a pattern of conduct is itself an affront to the ex post facto clause.

Morse v. Gardner

272 F. Supp. 618 · District Court, E.D. Louisiana · Aug 10, 1967

However, an individual who wilfully fails to follow such prescribed treatment could not, by virtue of such failure, qualify for benefits.” Report 404, Part 1, p. 99. … Jack Wickstrom, Professor of Orthopedies at Tulane University, who testified at the supplemental hearing, outlined clearly the nature of the operation necessary: “[The claimant] would require a laminectomy of the 4th interspace

Freeman v. Witco, Corp.

984 F. Supp. 443 · District Court, E.D. Louisiana · Sep 17, 1997

Judge Mahon found that plaintiffs answers to defendant’s second set of Request for admissions qualified as “other paper” under § 1446(b). See also, Corley v. … Clearly, Witeo has produced uneontrovert-ed evidence to indicate that there is no possibility that Canterbury can be held personally liable under Canter .

Williams v. Attorney General State of Louisiana

District Court, E.D. Louisiana · Oct 1, 2024

Plaintiff contends that, despite providing information establishing that he has no child support obligation, Defendants have continued to enforce the support order against him, resulting in damages. … Defendants filed a Motion to Dismiss based on Eleventh Amendment immunity, prescription, failure to state a claim under 42 U.S.C. § 1983 or Louisiana law, and qualified immunity. ECF No. 10.

Sherman v. Gulf Pride Marine Services, Inc.

191 B.R. 328 · District Court, E.D. Louisiana · Jan 22, 1996

Sherman contends that my remand was one based on lack of subject matter jurisdiction; if she is correct, then I clearly have no authority to reconsider the remand. Tillman v. … The remand order was grounded on the well established rule that Jones Act cases are not removable.

Parker v. Louisiana Department of Health

District Court, E.D. Louisiana · Dec 2, 2024

On September 1, 2023, the LDH determined that Plaintiff’s income exceeded the threshold for continued assistance as a Qualified Individual. … Under this provision, applicants are deemed “Qualified Individuals” if they would otherwise be qualified Medicare beneficiaries “but for the fact that their income exceeds the income level established by the State under

Mothe v. Louisiana State Board of Embalmers and Funeral Directors

District Court, E.D. Louisiana · Aug 8, 2019

against the individual Defendants, in their individual capacities, are barred by absolute immunity and qualified immunity. … Procedure on sovereign immunity grounds and pursuant to Rule 12(b)(6) on absolute immunity grounds and alternatively on qualified immunity grounds, be and hereby is GRANTED.!!

Davis

District Court, E.D. Louisiana · Jun 1, 2026

Blair is protected by prosecutorial immunity in his decisions of whom to charge, as established by the Supreme Court in Imbler v. … overcome Blair’s prosecutorial immunity.

Breaud v. Cantrell

District Court, E.D. Louisiana · Sep 15, 2025

Martin filed a first Motion to Dismiss Pursuant to Rule 12(c) and for Qualified Immunity.17 On March 27, 2025, this Court granted Breaud leave to file an Amended Complaint.18 The Amended Complaint withdrew all allegations … The Comments to ABA Model Rule 1.7 explain: Resolution of a conflict of interest problem under this Rule requires the lawyer to: 1) clearly identify the client or clients; 2) determine whether

Adams v. Fazzio Real Estate Co.

268 F. Supp. 630 · District Court, E.D. Louisiana · May 9, 1967

The statutory language leads clearly to this result. Congressional committee reports confirm it. … They demonstrate whether the statutory language was inadvertent or clearly directed to the intended purpose. Honorable Robert W.

Perkins v. New Orleans Athletic Club

429 F. Supp. 661 · District Court, E.D. Louisiana · Aug 5, 1976

Wheaton-Haven Recreation Assn., 410 U.S. 431 [ 93 S.Ct. 1090 , 35 L.Ed.2d 403 ] where the so-called private clubs were open to all objectively qualified whites — i. e., those living within a specified geographic area. … The case before us is clearly on one side of the line, however defined, and the kindergarten and music school examples are clearly on the other side.

Mckeithen v. The S.S. Frosta

441 F. Supp. 1213 · District Court, E.D. Louisiana · Nov 17, 1977

The most that is asserted is that the association had two separate duties: to *1217 ensure further the competence of pilots and thus screen out other qualified applicants and, following their licensing, to take steps to assure … VI The reported decisions have uniformly held pilot associations immune from vicarious liability for the torts of their members. Guy v.

Douglas v. Gusman

567 F. Supp. 2d 877 · District Court, E.D. Louisiana · Jun 9, 2008

Douglas clearly has no constitutionally protected right to unlimited TTY access or a closed-captioned television while in jail. … In the instant action, plaintiff has failed to establish either of these two criteria. B.