Case law

Carnival Cruise Lines v. Red Fox Industries, Inc.

813 F. Supp. 1185 · District Court, E.D. Louisiana · Feb 10, 1993

Respondent Carnival argues that the DOHSA is inapplicable because Carnival does not qualify as a person or entity, and therefore is not entitled to maintain a right of action under that statute. … In support of this contention, Respondent Sanchez-Flores argues that the Supreme Court’s holding in Higginbotham, 436 U.S. 618 , 98 S.Ct. 2010 , which clearly established that the DOHSA limits the recovery of survivors to

Rosemound Sand & Gravel Co. v. Lambert Sand & Gravel Co.

330 F. Supp. 549 · District Court, E.D. Louisiana · Aug 18, 1971

Thus the jurisdictional requirements of these Acts have clearly not been met. The remaining question is whether or not the jurisdictional requirement of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 and 2, have been met. … There is also no merit to plaintiff’s claim that because it was qualified to do business both in Texas and Louisiana, that this fact alone would impart an interstate flavor to defendants’ activities.

Smith v. City of Gretna Police Department

175 F. Supp. 2d 870 · District Court, E.D. Louisiana · Apr 26, 2001

13 Analysis The Court finds it plausible that the reason why Defendant was actually pulled over was that he was a black man driving an expensive new car — the phenomenon known as “driving while black.” 14 However, well-established … Likewise, the Court’s determination that no violation of Plaintiff's constitutional rights occurred obviates any need to engage in an analysis of whether Officer Istre would be entitled to qualified immunity for his actions

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).

Castrillo v. American Home Mortgage Servicing, Inc.

670 F. Supp. 2d 516 · District Court, E.D. Louisiana · Nov 16, 2009

RESPA requires loan servicers to timely respond to “qualified written requests” from borrowers. See 12 U.S.C. § 2605 (e). … But this does not establish a “threat of continued racketeering activity” by defendants. H.J. Inc., 492 U.S. at 242 , 109 S.Ct. 2893 .

Osorio

District Court, E.D. Louisiana · Feb 5, 2026

“Sovereign immunity is jurisdictional in nature.” F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994). “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” Id. … The government submits that “[r]egardless of what specific words [p]laintiff uses to describe her allegations against Comeaux and Crescent Care, she is clearly alleging that they, and therefore the United States, by posting

Atkins v. Harcros Chemicals, Inc.

761 F. Supp. 444 · District Court, E.D. Louisiana · Jan 11, 1991

It is also respectfully submitted that because this Court’s remand Order was based on grounds specified in § 1447(c), even if the appellate court might conclude that the Order was erroneous, the remand is still immune from … Therefore, regardless of the Court’s observations about the concurrent economic benefits of remand, the Court clearly stated that these cases were being remanded because it lacked subject matter jurisdiction, not because

Klein

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

Thus, “[a] motion to alter or amend the judgment under Rule 59(e) must clearly establish either a manifest error of law or fact or must present newly discovered evidence and cannot be used tIon r raei sLei faer gPuamrtnenertss … immunity.

United States v. State of Louisiana

225 F. Supp. 353 · District Court, E.D. Louisiana · Dec 31, 1963

who was unconstitutionally purged for failing to take the interpretation test. (3) It would be next to impossible to establish which qualified Negroes were rejected for failure to understand or interpret a constitutional … However, this Court adheres to the principle that only to the extent ■clearly necessary should federal courts interfere with established state and local procedures.

Boutte v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Mar 6, 2023

The Defendant has satisfied the ‘colorable defense’ element by asserting the colorable defense of government contractor immunity. The Defendant’s government contractor immunity arises under Boyle v. … However, The Court finds that the facts of Adams are clearly distinguished from the case at bar.

Sheridan v. Garrison

273 F. Supp. 673 · District Court, E.D. Louisiana · Aug 28, 1967

For it is difficult for the witness to determine just how broad this immunity is. … In addition, they say that Section 2283 establishes only a rule of comity and judicial discretion which must yield when neces *686 sary to preserve constitutional rights.

Bowl-Opp, Inc. v. Larson

334 F. Supp. 222 · District Court, E.D. Louisiana · Nov 15, 1971

(Emphasis added) 3 This principle of law is also firmly established in Louisiana jurisprudence: “The right of a holder of a negotiable instrument to release one of the persons thereon solidarily bound, without thereby impairing … The expression of the public policy in art. 2771, Louisiana Code of Civil Procedure clearly delineates this emphasis.

Wirtz v. Local 174, American Fed. of Musicians

272 F. Supp. 294 · District Court, E.D. Louisiana · Jul 21, 1967

Eng., supra, the act itself clearly indicates a limitation of the part of the Secretary and the court to consider only matters in which a member has exhausted his internal remedies. … At the time of the protested election, the defendant union had a total of 839 members in good standing, twenty-seven of whom *297 were qualified for the office of President or Vice-President.

St. Joseph Abbey v. Castille

835 F. Supp. 2d 149 · District Court, E.D. Louisiana · Jul 21, 2011

For the Abbey to sell caskets it would have to become a licensed funeral establishment. … Clearly, the Act does not protect consumers from higher prices.

Branch v. Lobello

District Court, E.D. Louisiana · Feb 11, 2022

Here, plaintiffs do not contend that they qualify for any of the exceptions to Younger, and the Court does not find that any exception applies. … It is well-established that, “generally, a judge is immune from a suit for money damages.” Mireles v. Waco, 502 U.S. 9, 9 (1991) (citations omitted).

Tuck

District Court, E.D. Louisiana · Jul 8, 2026

A plaintiff must satisfy three elements to establish § 1983 liability: (1) deprivation of a right secured by the U.S. … The Court is not convinced from his response that Plaintiff can muster any facts that would support his claim or overcome a defense of qualified immunity.

Cangelosi v. Edwards

District Court, E.D. Louisiana · Nov 3, 2020

nose and mouth when inside a commercial establishment or any other building or space open to the public, whether indoor or outdoor.” (Rec. Doc. 17-2, Exhibit 1 at 3 § 4(A)). … In order to satisfy this burden at the pleading stage the plaintiff must clearly allege facts to satisfy each element of Article III standing. Id. (quoting Warth, 422 U.S. at 518).

Baricuatro v. Industrial Personnel & Management Services, Inc.

927 F. Supp. 2d 348 · District Court, E.D. Louisiana · Feb 27, 2013

Clearly, they are not. … It is not clear that even Lamoste and Real qualify as “seafarers.”

Holmes v. Reddoch

District Court, E.D. Louisiana · Dec 5, 2024

matter of law with respect to Holmes’s federal malicious prosecution claim, concluding that the claim was barred by qualified immunity.20 On May 17, 2023, after a three-day … Against Reddoch, the jury found that Holmes was unreasonably stopped but that Reddoch was entitled to qualified immunity for that stop.24 And the jury rejected Holmes’s federal claims against Reddoch for use of excessive