Case law

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.

Gautreau v. Central Gulf Steamship Corporation

255 F. Supp. 615 · District Court, E.D. Louisiana · Jun 21, 1966

In the former, where the federal question averred is not plainly wanting in substance, the federal court, even though the federal ground be not established, may nevertheless retain and dispose of the case upon the nonfederal … International Terminal Operating Co., 358 U.S. 354 , 79 S.Ct. 468 , 3 L.Ed.2d 368 (1959), involved several defendants, the case is clearly distinguishable from the present one.

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.

Rollo

District Court, E.D. Louisiana · Mar 6, 2026

Qualified Immunity Tillotson asserts that he is entitled to qualified immunity. The Court agrees. … clearly established statutory or constitutional law of which a reasonable person would have known.

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.

Pate

District Court, E.D. Louisiana · Mar 2, 2026

does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … City of Independence, 445 U.S. 622, 638 (1980) (refusing to apply immunities for personal liability to Monell claims against local governments because “there is no tradition of immunity for municipal corporations”).

Winn v. New Orleans City

919 F. Supp. 2d 743 · District Court, E.D. Louisiana · Jan 25, 2013

To be legally sufficient, a complaint must establish more than a “sheer possibility” that the plaintiffs claims are true. Id. … immunity.

Molasky v. Dayries

187 F. Supp. 241 · District Court, E.D. Louisiana · Jul 12, 1960

The standard is arbitrary, unreasonable, and in disregard of the criteria of obscenity as established in the courts. … Plaintiffs are clearly entitled to this much relief.

Arceneaux

District Court, E.D. Louisiana · Nov 10, 2025

without status as a government contractor and holder of derivative immunity in mesothelioma damages actions.” Id. at 9. … Moreover, Plaintiff explicitly prays for a declaratory judgment that Avondale cannot establish entitlement to federal officer immunity not just in Plaintiff’s suit, but also in other “failure to warn claim[s] and failure

Williams v. Mathews

441 F. Supp. 1045 · District Court, E.D. Louisiana · Apr 11, 1977

The Supreme Court has recently reiterated it: The standard for testing the validity of Congress’ Social Security classification was clearly stated in Flemming v. … This section was enacted as part of the 1972 amendments to the Act in what was euphemistically called an attempt to streamline then existing procedures and establish criteria regarding eligibility that would apply alike to

Mortillaro v. State of Louisiana

356 F. Supp. 521 · District Court, E.D. Louisiana · Aug 10, 1972

Section 4-1504 of the Charter establishes prohibitions as to certain political activity; it virtually tracks the language of Article 14, Section 15 (N) (7) of the Louisiana Constitution. … What an employee may not do is clearly and unambiguously set forth. Gremillion v. Department of Highways, supra.

Singletary v. Prudential Insurance Co. of America

105 F. Supp. 3d 627 · District Court, E.D. Louisiana · Apr 30, 2015

Singletary concedes that the Plan is subject to ERISA; indeed, she alleges that her husband was covered under the Plan as a qualified dependent. … Because the statute clearly limits anti-discrimination coverage to claimants who are service members or applicants, Mrs. Sin-gletary’s claim against UPS falls outside the USERRA’s scope of protection.

Roberts v. Day

District Court, E.D. Louisiana · Jun 5, 2025

To succeed on an individual- capacity § 1983 claim, a plaintiff must establish that the defendant, while acting under color of state law, was personally involved in the deprivation of a right secured by the laws or constitution … Even assuming that Nurse Jessica could have exercised a different treatment plan or erred in her professional judgment, allegations of negligence or even malpractice are insufficient to establish deliberate indifference

Harris v. Louisiana State Supreme Court

334 F. Supp. 1289 · District Court, E.D. Louisiana · Nov 3, 1971

Although plaintiffs’ counsel urged on oral argument that the Justices of the Louisiana Supreme Court should not be allowed to “hide behind a cloak of immunity,” it is settled jurisprudence that judges are immune from suits … Speculation and conjecture do not establish a genuine issue of material fact.

Smith v. Atkins

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

Hale is clearly established law that provides fair notice to officers of their duty to intervene, rather than to acquiesce, in the unconstitutional conduct of others. See Timpa [ v. … It must also be noted that such absolute prosecutorial immunity is sweepingly broad.

Barrios-Barrios v. Clipps

825 F. Supp. 2d 730 · District Court, E.D. Louisiana · Oct 20, 2011

Entitled to Summary Judgment on Plaintiffs’ Section 1983 Claims Section 1983 provides a private cause of action against those who, under color of law, deprive a citizen of the United States of “any rights, privileges, or immunities … The apparent lack of honesty seemed to have little bearing on whether or not he would be deemed as qualified to be a police officer in the City of New Orleans.” Id. at pp. 4-5.

Terrell v. Pichon

District Court, E.D. Louisiana · Sep 11, 2019

Qualified Immunity The Court finds it unnecessary to decide the issue of qualified immunity as it finds that Plaintiff’s claims are barred by Heck and its progeny … The Court notes, however, that “'use of excessive force' is an area of law in which the result depends on the facts of each case, and the police officers are entitled to qualified immunity unless existing precedent “

United States v. Slidell Youth Football Ass'n

387 F. Supp. 474 · District Court, E.D. Louisiana · Jun 27, 1974

It has' been clearly held that 42 U.S.C. § 2000a(b)(3) covers establishments which provide a form of participatory entertainment to patrons as well as establishments which present shows to a passive audience. Daniel v. … The facts as discussed above also show that SYFA does not qualify as a private club by the manner in which it selects voting members.

In Re Louisiana News Company

187 F. Supp. 241 · District Court, E.D. Louisiana · Jul 12, 1960

The standard is arbitrary, unreasonable, and in disregard of the criteria of obscenity as established in the courts. … Plaintiffs are clearly entitled to this much relief.

Stabler v. Ryan

949 F. Supp. 2d 663 · District Court, E.D. Louisiana · Jun 7, 2013

Plaintiff is proceeding in this matter pro se, and while this fact does not render her immune from sanctions, it does suggest that a more lenient standard is appropriate. … The Fifth Circuit affirmed the district court's dismissal of the case as "squarely within the category of cases covered by the Rooker-Feldman doctrine,” since "the complaint clearly comprised a collateral attack on the state