Case law

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).

Williams v. DiVittoria

777 F. Supp. 1332 · District Court, E.D. Louisiana · Nov 5, 1991

Second, defendant urges that there is no genuine issue of material fact on the issue of whether defendant is entitled to qualified immunity from plaintiff’s § 1983 claims, and whether defendant acted with malice and without … One can establish malice in at least four ways.

R. P. Farnsworth & Co. v. Albert

79 F. Supp. 27 · District Court, E.D. Louisiana · Aug 9, 1948

The methods followed by plaintiff in inviting bids, and of the defendant in submitting his proposal were in accordance with those well-established practices and customs. … In the instant case, not only did the defendant fail to qualify his proposal, but as was true with respect to the defendant in Harris v.

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.

Louisiana Industrial Coatings, Inc. v. Boh Bros. Construction Co. (In Re Louisiana Industrial Coatings, Inc.)

53 B.R. 464 · District Court, E.D. Louisiana · Aug 12, 1985

The bankruptcy court clearly rejected this argument by finding that LIC, and not Boh, breached the agreement. This finding is not clearly erroneous. … I affirm this finding and conclusion as neither clearly erroneous nor legally incorrect.

United States v. Moody

622 F. Supp. 2d 362 · District Court, E.D. Louisiana · Mar 6, 2009

Moody must establish both the “deficiency” and the “prejudice” prongs of the Strickland test. … Because Moody was sentenced to the shortest term of imprisonment available under the ACCA, which clearly applied to his case, he cannot show that there is a reasonable probability that, but for some deficiency in his counsel

Bailey v. Board of Commissioners of the Louisiana Stadium and Exposition District

District Court, E.D. Louisiana · Feb 21, 2020

Next, the LSED Defendants contend that sovereign immunity protects the Board from Plaintiff’s claims unless Congress validly abrogated the state’s immunity as to those claims.39 The LSED Defendants argue that applying the … ‘connection to [ ] enforcement’ is satisfied when standing has been established.”160 In Lujan v.

McKeithen Ex Rel. McKeithen v. the M/T Frosta

435 F. Supp. 572 · District Court, E.D. Louisiana · Jun 30, 1977

For clearly the commissioner is intended to have authority to sue any insurer transacting business in this state. … But to read it thus in splendid isolation would ignore the clearly voiced later intention of the Louisiana legislature.

Estate of Deobald v. United States

444 F. Supp. 374 · District Court, E.D. Louisiana · Dec 28, 1977

Frances Deobald, was duly qualified as executrix of his estate. A federal estate tax return was duly filed and the estate taxes paid. … decedent the contributions made by the employer to the qualified retirement fund.

Klein

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

It is worth noting again here that it is Klein’s burden to establish subject matter jurisdiction, meaning it is his burden to establish to the Court’s satisfaction that the Eleventh Amendment does not apply here to bar … The acts that Klein complains of are clearly judicial in nature.

Heaton v. Monogram Credit Card Bank

408 F. Supp. 2d 213 · District Court, E.D. Louisiana · Jul 29, 2005

Heaton contends that Monogram was clearly not “engaged in the business of receiving deposits” because it received no deposits from the general public, but rather only a single deposit from its parent corporation. … as “ ‘adversely affected or aggrieved ... within the meaning’ of a statute, a plaintiff must establish that the injury he complains of ... falls within the ‘zone of interests’ sought to be protected by the statutory provision

Diefenthal v. United States

343 F. Supp. 1208 · District Court, E.D. Louisiana · May 8, 1972

I found him to be well qualified and it appeared that his opinions were based on careful analysis and study. Mr. … He sought to adjust SCRAPCO’s book value by including projected lease values based on what he was “told” and on clearly unfounded assumptions.

In Re New York Life Insurance Agents' Class Solicitation Litigation

92 F. Supp. 2d 564 · District Court, E.D. Louisiana · Apr 28, 1997

Louisiana clearly has a significant interest in protecting its citizens regardless of where the tort occurs. Id. In addition, two out of the four defendants are also Louisiana citizens. … Therefore, I find that good faith is absent and so the defense of qualified privilege is unavailable at this time.

Mintz v. Barthelemy

722 F. Supp. 273 · District Court, E.D. Louisiana · Oct 3, 1989

By law, compare La.R.S. 18:467(4) with id. § 18:468, he must formally qualify between December 13 and 15, 1989. 6 Defendants in this action are Sidney Bar-thelemy, who is the present Mayor of New Orleans, the sole other person … City of Rockwall, Texas, 877 F.2d 409, 416 (5th Cir.1989), could be construed as mandating a dismissal of pendent state-law claims whenever federal constitutional claims are dismissed prior to trial, at least on immunity

Savoy

District Court, E.D. Louisiana · Oct 16, 2025

to establish that Landry was personally involved in any act that caused the deprivation of Plaintiff’s constitutional rights.12 II. … authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly

Martinez v. Reed

623 F. Supp. 1050 · District Court, E.D. Louisiana · Dec 11, 1985

The judgment rendered by the Civil District Court of the Parish of Orleans in Louisiana puts much emphasis on the fact that the Notarial Act of April 23, 1984, does not comply with the formal act of surrender as established … Louisiana has also clearly spoken on this issue.

Snell v. Secretary of Health, Education & Welfare

275 F. Supp. 645 · District Court, E.D. Louisiana · Nov 1, 1967

The agreement clearly contemplated that the bus drivers were to receive retirement benefits from one of two possible sources financed in part by state funds. … If he was employed by the school itself, he qualifies for social security coverage because the statutory state retirement system does not cover employees in that position.

Bodden v. Moore

District Court, E.D. Louisiana · Jul 24, 2025

Defendants moved to dismiss plaintiff’s claims against them under Federal Rules of Civil Procedure 12(b)(5) and 12(b)(6), contending that absolute immunity bars plaintiff’s claims against Judge Moore and that … To succeed on a Rule 59(e) motion, a party must “clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Ross v. Marshall, 426 F.3d 745, 763 (5th Cir. 2005).

Greater Guide, Inc. d/b/a American Service Pets v. SAPS LLC et al.

District Court, E.D. Louisiana · Oct 31, 2025

However, the doctrine's immunity does not extend to petitioning activity that qualifies as a “sham.” … Section 1974 of the Act establishes that healthcare providers are prohibited from producing “documentation relating to an individual’s need for a support animal unless” the provider complies with a list of six requirements