Case law

Morvant v. Oil States International, Inc.

3 F. Supp. 3d 561 · District Court, E.D. Louisiana · Mar 11, 2014

Plaintiffs, the surviving spouse and children of Morvant and Morvant’s estate, filed the above-captioned lawsuit in the *564 Southern District of Texas on March 27, 2013. 8 Plaintiffs did not sue OSSS, 9 which is presumably immune … [the Court] need not address the first two alternatives, for establishment of any of the three is enough.” 51 Id. at 1133-34 .

Dart v. Brown

531 F. Supp. 135 · District Court, E.D. Louisiana · Feb 3, 1982

Any person who desires to become a candidate in a primary election may qualify as a candidate by timely filing a Notice of Candidacy, ac *138 companied either by a nominating petition or by the qualifying fee and any additional … The evidence at trial clearly demonstrates that the law does not place any undue burden upon minor political parties.

Wilson v. Laitram Corp.

131 F. Supp. 2d 826 · District Court, E.D. Louisiana · Feb 16, 2001

Clearly, she suffered an adverse effect to her employment through termination on February 11, 1999. Plaintiffs Exhibit K. … The establishment of a prima facie case gives rise to an inference of retaliation. Id.

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

Harris

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

established constitutional violation.”), overruled in part on other grounds, Castellano v. … Prosecutorial Immunity A “prosecutor enjoys absolute immunity from personal liability for damages under section 57 Carpenter v.

California & Hawaiian Sugar Co. v. Columbia Steamship Co.

391 F. Supp. 894 · District Court, E.D. Louisiana · Dec 28, 1972

Leon Bordenave, an employee of International Telephone and Telegraph Company-Mackay Marine, was qualified to testify as an expert with respect to the operation and maintenance of the Submarine Signal Model 896 fathometer. … The characteristics of the island are clearly defined and elevation at various parts of the island are given.

Lewis v. Friedman

District Court, E.D. Louisiana · Mar 18, 2025

Plaintiff seeks to estop certain defendants from asserting the defenses of absolute immunity, qualified immunity, and prescription. … Accordingly, even if this Court had authority to strike orders under Rule 12(f), which it does not, Plaintiff has failed to establish that any of the orders entered by the Magistrate Judges in this case were done so improperly

New Orleans Assets, L.L.C. v. Carl E. Woodward, L.L.C.

278 F. Supp. 2d 776 · District Court, E.D. Louisiana · Feb 13, 2003

Hearsay evidence and un-sworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … Moreover, NOA has provided evidence that the wall covering was acquired from OMNOVA distributors in Georgia, Ohio, and Tennessee. 2 While NOA’s injury clearly occurred in Louisiana, 3 OMNOVA fails to establish that: 1) NOA

Robles v. Quirch Foods LLC

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

The State has not consented to this suit, and Robles has not pointed to any congressional act that “clearly abrogate[s]” the State’s sovereign immunity here. Id. … And Perriloux would enjoy qualified immunity from any claim arising from his performance of “investigative functions.” Terwilliger v.

Estate of Barré v. Carter

272 F. Supp. 3d 906 · District Court, E.D. Louisiana · Jul 25, 2017

LeBlanc, for instance, the Fifth Circuit instructed that the affirmative defense of qualified immunity may be raised on a Rule 12(b)(6) motion to dismiss, and held that a plaintiff can survive the motion to dismiss by “asserting … ] facts which, if true, would overcome the defense of qualified immunity.” 219 While it does not appear that the Fifth Circuit has directly addressed the question of whether the fair use defense may be raised on a Rule 12

Musmeci v. Schwegmann Giant Super Markets

159 F. Supp. 2d 329 · District Court, E.D. Louisiana · Aug 23, 2001

Prior to that time, Schwegmann retirees who qualified for grocery vouchers or cash continued to receive those benefits until death. … Did Schwegmann establish or maintain a benefit plan? i.

United States v. Bowen

969 F. Supp. 2d 546 · District Court, E.D. Louisiana · Sep 17, 2013

The known postings of Perricone, in particular, clearly establish this general criteria of creating such prejudice. b. … of immunity.

Martin v. Department of Children and Family Services

District Court, E.D. Louisiana · Mar 18, 2020

. §§ 1441(c)(1) and (c)(2), and because DCFS did not join in the removal and did not clearly and expressly waive its 11th Amendment immunity.9 Plaintiffs first allege that Defendants failed to 3 R. … The Court agrees, as the record establishes that Plaintiffs did not properly serve DCFS.

Surgery Center LLC NOLA v. Louisiana Health Service & Indemnity Company d/b/a Blue Cross/Blue Shield of Louisiana, Blue Cross & Blue Shield of Louisiana, Inc., and HMO Louisiana, Inc.

District Court, E.D. Louisiana · Mar 31, 2026

on sovereign immunity grounds, including one from this Court: Ctr. for Reconstructive Breast Surgery, LLC v. … In other words, Defendants’ argument is that Plaintiff’s claims clearly implicate “payments with respect to benefits” under FEHBA-governed plans and therefore fall within the broad scope of the FEHBA’s preemption provision

Bussie v. Long

254 F. Supp. 797 · District Court, E.D. Louisiana · Jun 2, 1966

Plaintiffs allege (1) that under Louisiana law the Louisiana Tax Commission is required to establish actual cash values of all property in Louisiana for the purpose of assessment, and to equalize assessments by fixing the … Section 2281 should be narrowly and strictly construed and only those cases which clearly fall in one of the classes therein described should be referred to a three-judge court. Phillips v.

Abraham v. City of Mandeville

638 F. Supp. 1108 · District Court, E.D. Louisiana · Jul 9, 1986

The earlier motion for summary judgment was brought by the individual defendants and focused on the defenses of legislative immunity and prematurity. … Uncontroverted deposition testimony establishes that the application was rejected for failure to comply with several local building requirements.

Lowe v. California Co.

296 F. Supp. 1264 · District Court, E.D. Louisiana · Feb 6, 1969

But before discussing these protective elements, it is first necessary to set forth the findings of fact — the framework for extricating liability out of this maze of immunities and indemnities. … Nor is there any basis for Labor Services to assert an implied contract of indemnity under the theory established in Ryan Stevedoring Co. v. Pan-Atlantic S. S. Corp., 350 U.S. 124 , 76 S.Ct. 232 , 100 L.Ed. 133 (1956).

United States v. Nelson

419 F. Supp. 2d 891 · District Court, E.D. Louisiana · Feb 22, 2006

Thus, the now-well established pattern repeated itself. Swanson, Tr. 184. These scores clearly evidence an IQ in the mentally retarded range. Nelson’s most recent IQ test was conducted by the Government’s expert, Dr. … Clearly, at that point Nelson had an incentive to demonstrate that he was mentally retarded. Dr.

United States v. Denka Performance Elastomer LLC

District Court, E.D. Louisiana · Aug 30, 2023

immunity. … This agency action must also qualify as a final agency action when the claim in question is brought under the general review provisions of the APA. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 882 (1990).

Melancon v. McKeithen

345 F. Supp. 1025 · District Court, E.D. Louisiana · Mar 1, 1972

Finally, defendants argue that this Court lacks “jurisdiction” because the defendant judges are immune from suit. All of the cases upholding judicial immunity have involved damage actions. See, e. g., Pierson v. … Judges are not immune to injunctive suits such as this. In fact, it is just such a suit which Younger v.