Case law

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

McKeithen v. SS 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.

Wiley v. Department of Energy

District Court, E.D. Louisiana · Nov 1, 2021

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 … Claims that are clearly baseless “‘are claims describing fantastic or delusional scenarios, claims with which federal district judges are all too familiar.’” Id. (quoting Neitzke, 490 U.S. at 328).

Saad v. United States Department of Agriculture

District Court, E.D. Louisiana · Jan 28, 2025

More specifically, it determined that the store did not qualify for the less punitive CMP because it failed to submit any evidence “to demonstrate that the firm had established and implemented an effective compliance policy … The Court’s decision is further bolstered by the fact that the Plaintiffs’ complaint does not even allege any facts to establish that they would have qualified for a CMP. See Hallak v.

Alamo Chemical Transportation Co. v. M/V Overseas Valdes

469 F. Supp. 203 · District Court, E.D. Louisiana · Apr 12, 1979

It cannot be said, as Hudson urges here, to have altered long-established rules by imputing the fault of the carrying vessel to innocent cargo owners. This Court disagrees. … In holding that it was, the court stated: There is a general rule of law that common carriers cannot stipulate for immunity from their own or their agents’ negligence.

Larpenter v. Vera

District Court, E.D. Louisiana · Mar 19, 2025

This Court granted the motions, finding as to Kevin Larpenter’s claims that Vera was entitled to federal qualified immunity and state discretionary immunity. … On appeal, the Fifth Circuit Court of Appeals reversed on both federal and state qualified immunity findings.

West v. Kerr-McGee Corp.

586 F. Supp. 493 · District Court, E.D. Louisiana · Apr 27, 1984

The minority-interest owners contend that, like Kerr-McGee, they too are immune from tort liability under § 905(a). … ” 7 *499 Clearly, the answer must be “yes.”

Parria v. Cvitanovich

District Court, E.D. Louisiana · Sep 29, 2025

When the district court granted the deputy’s motion for summary judgment based on qualified immunity, the plaintiff appealed. … established rights.

Ratliff v. Louisiana State

District Court, E.D. Louisiana · Jun 24, 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 to raise arguments which could … Plaintiff does not explicitly argue that the Court made an error by granting immunity, see R. Doc.

Doctor's Hospital of Jefferson, Inc. v. Southeast Medical Alliance, Inc.

889 F. Supp. 879 · District Court, E.D. Louisiana · Apr 19, 1995

This contention arises from a facsimile memorandum which Doctor’s Hospital alleges clearly establishes price-fixing between SMA and East Jefferson. The memorandum, dated October 28, 1992, is from Barbara B. … Notwithstanding that this last statement does not qualify as antitrust injury, Green v. The State Bar of Texas, supra, Dr.

Hamilton v. Business Partners, Inc.

938 F. Supp. 370 · District Court, E.D. Louisiana · Sep 12, 1996

That issue didn’t rise since in both eases, the plaintiffs were in fact competitors and clearly within the range of the statute. In Morris v. … The court then concluded that the statute established two different categories of consumers; one which involves consumer transactions, limited to natural persons obtaining items for personal or household use and the other

Guity v. Lawson Environmental Services & Response Co.

22 F. Supp. 3d 631 · District Court, E.D. Louisiana · May 21, 2014

Company’s other contractors(s) (or its subcontractors or Group, as applicable) or any other Person. 14.04.02 Contractor agrees that it will support its mutual indemnity obligations in this Section 14.04 with insurance or qualified … Here, the language of the identical cross indemnity provisions is not ambiguous, and it clearly demonstrates the parties’ contemplation that Lawson would indemnify USES for any injuries sustained by Lawson’s employees.

McHugh, III v. St. Tammany Parish

District Court, E.D. Louisiana · Aug 9, 2024

“Furthermore,” the panel continued, “the action did not purport to establish a general policy; it was particular to [the clerk].” Id. … The panel held that only the fourth set of activities qualified as “legislative.” See id. at 273–74.

Stewart Title Guaranty Co. v. Kiefer

984 F. Supp. 988 · District Court, E.D. Louisiana · Oct 8, 1997

Thus, it has failed to establish that it is entitled to judgment as a matter of law based on § I(B)(14). B. … This would require rewriting the policy and is clearly contrary to the parties’ intent as manifested by use of the term “the insured” in light of § VII(G). 7 In light of the jurisprudence on this issue, “any employee” must

Ducorbier v. Board of Supervisors of Louisiana State University

386 F. Supp. 202 · District Court, E.D. Louisiana · Nov 19, 1974

The records and affidavits clearly establish that if plaintiff was under the impression that she had tenure in view of the year-to-year renewals of her contract in writing, the explicit provisions on tenure in the University … The evidence establishes no express contract guaranteeing her reemployment.

Miller v. Hooper

District Court, E.D. Louisiana · Nov 13, 2023

This standard requires the Court to decide whether the state court’s Brady or Napue determination resulted in a decision that is contrary to, or involved an unreasonable application of, clearly established … writ;” rather, relief under § 2254(d)(1) “remains available, but is reserved for cases where a state adjudication ‘resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 20, 2021

Hammond are immune from suit under Louisiana Revised Statutes § 37:1287, which provides: D. … Establishing whether a conditional privilege exists is a two-step process.

Federal Savings & Loan Insurance v. Derbes

731 F. Supp. 755 · District Court, E.D. Louisiana · Jan 12, 1990

establish an upper limit of value for the subject. … Oetzel is a former president of the Institute and was qualified as an expert in real estate appraisal reviews.

Stokes v. Bonin

366 F. Supp. 485 · District Court, E.D. Louisiana · Sep 1, 1973

Quite the contrary, it is not a prerequisite to receive food stamps that a household be on public assistance; so that a finding that a household is ineligible for public assistance would not determine whether 'it should qualify … for food stamps because its income falls below the máximums established pursuant to the Act. 5 .

Dupre v. Penrod Drilling Corp.

788 F. Supp. 901 · District Court, E.D. Louisiana · Mar 23, 1992

Because the indemnity clause at issue clearly provides for liability insurance coverage, the court must determine the extent of such coverage. … The record clearly establishes that the contract at issue focused on a vessel and, thereby, involved a maritime transaction and maritime commerce.