Case law

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).

Carpenters District Council v. Dillard Department Stores, Inc.

778 F. Supp. 297 · District Court, E.D. Louisiana · Oct 17, 1991

The evidence clearly establishes that the decision *306 to lay off employees and/or close stores was made by Dillard and was dependent upon the actual merger taking place. … Defendants do not qualify for the exemptions set forth in § 2102(b).

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.

Cash

District Court, E.D. Louisiana · Mar 27, 2026

The individual capacity claim against Sheriff Lopinto is also barred by qualified immunity. See, e.g., Magnolia Island Plantation, L.L.C. v. … immunity.

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.

Goldman v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY

417 F. Supp. 2d 788 · District Court, E.D. Louisiana · Feb 23, 2006

Hartford denied Goldman’s claim for benefits after September 19, 2003 because it found that there was insufficient evidence in the record to establish that Goldman qualified as disabled under the plan after September 19, … Turner’s review of Goldman’s medical records and an employability analysis conducted in June 2005, Hartford concluded that the evidence before it established that Goldman was able to perform light work and did not qualify

Clemmons v. Congress of Racial Equality

201 F. Supp. 737 · District Court, E.D. Louisiana · Feb 2, 1962

On December 11 and 12, 1961, following this clinic, pickets were established in front of the several stores to whom the letters previously referred to had been directed. … , of the equal protection of the laws and the equal privileges and immunities under the law.

Washington v. Fieldwood Energy LLC

275 F. Supp. 3d 767 · District Court, E.D. Louisiana · Aug 1, 2017

Whether an individual qualifies as a “borrowed employee” is an issue of law determined by nine separate factors first delineated by the Fifth Circuit in Ruiz v. Shell Oil Co. … Given this testimony, this Court finds that Fieldwood clearly exercised control over Roberts, and this factor weighs in favor of a finding of borrowed employee status. B.

Cameron v. AWS Amazon Services

District Court, E.D. Louisiana · May 30, 2025

“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges violation of a legal interest which clearly does not exist.” Samford v. … Moreover, Plaintiff does not indicate that any Defendant would qualify as a common carrier by railroad, nor does Plaintiff indicate that he is an employee of any defendant who was harmed while working for the carrier.

Chisom v. Edwards

659 F. Supp. 183 · District Court, E.D. Louisiana · Jul 10, 1987

Although a potential conflict may develop between the holdings in Wells and Haith, Wells clearly states the “one man one vote” principle is not applicable to judicial elections. … Wells, supra, has precedential authority and clearly conflicts with Kirksey , an untested lower court opinion. 8 . In Village of Arlington Heights v.

Landreaux v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Mar 16, 2021

“government contractor immunity,” under Boyle v. United Techs. Corp., 487 U.S. 500 (1988); (2) “derivative sovereign immunity,” under Yearsley v. W.A. … removed,” which would produce an “anomalous result of allowing removal only when the officers had a clearly sustainable defense.”

Guardian Life Insurance v. Guardian National Life Insurance

184 F. Supp. 851 · District Court, E.D. Louisiana · Jun 23, 1960

These provisions clearly show a concern for the holder of the name. See the Note of the Commissioners for the Model Business Corporation Act, reprinted under the cited section in West’s LSA-R.S. Vol. 5, pp. 31-32. … Under the Louisiana statutes defendant has qualified as an industrial insurer with $1,250 limits. . Sears, Roebuck & Co. v. All States Life Insurance Co., supra, and cases there cited at page 167 of 246 F.2d. .

Johnson v. Finch

328 F. Supp. 1169 · District Court, E.D. Louisiana · Jun 30, 1971

And also that “ * * * the record does not establish that every reasonable attempt was made to have Mrs. … Were we now to impose on plaintiff the necessity of clearly showing that Mrs.

Anthony Gibbs & Co. v. Munson S. S. Line

12 F. Supp. 913 · District Court, E.D. Louisiana · Dec 12, 1935

From the language of the exemption in the bill of lading above quoted the shipowner is clearly not liable for any fire occurring without the owner’s personal design or neglect, and consequently fully relieves the respondents … In a case such as this where the fire starts on a pier and is communicated to cargo on a ship, the Fire Statute is applicable and, accordingly, the respondents are entitled to complete immunity. Providence & N. Y. S. S.

Hawkins v. Sanders

District Court, E.D. Louisiana · Mar 16, 2023

tecum or, alternatively, that Plaintiffs’ claims are barred by qualified immunity because Plaintiffs have not stated that Defendants violated a clearly established right. … .114 Under these notions, prosecutors are absolutely immune from liability for certain conduct.115 The Supreme Court has developed a “functional test under which prosecutors are absolutely immune with respect

Mitchell v. Jefferson Parish

District Court, E.D. Louisiana · Mar 4, 2020

Because Burkett has not requested leave to amend her complaint to attempt to state plausible First Amendment retaliation claims, the Court assumes that she has 4 Qualified immunity … defendant violated a clearly established right.

United States v. Sellers

848 F. Supp. 73 · District Court, E.D. Louisiana · Mar 9, 1994

Under the Congressional scheme, the risk of uncertainty in determining the traceability of proceeds of drug sales is placed squarely on the claimant, once probable cause has been established. … It would be inconsistent with this scheme to immunize from seizure *76 bank accounts or withdrawn funds as to which probable cause exists to believe that they are “traceable proceeds” of drug transactions.

Kirkland v. Marriott International Inc.

416 F. Supp. 2d 480 · District Court, E.D. Louisiana · Feb 21, 2006

The party offering the testimony bears the burden of establishing its reliability by a preponderance of the evidence. See Moore v. Ashland Chemical Inc., 151 F.3d 269, 276 (5th Cir.1998). … Evidence of work performed on the brakes in May 2003, to the extent it tends to show that the pads may have been changed after the accident and before Luxemburg’s inspection, is clearly admissible for this purpose. III.

Cocchiara v. United States

676 F. Supp. 119 · District Court, E.D. Louisiana · Sep 28, 1984

The congressional history, however, clearly indicates that the statute was not designed to liberally circumvent the limitations statute. … Thus, in this case, the taxpayers must establish that the gain from the mineral lease sale was erroneously included in the gross income for tax years 1960-1965.

Holy Cross Neighborhood Ass'n v. United States Army Corps of Engineers

774 F. Supp. 2d 806 · District Court, E.D. Louisiana · Mar 29, 2011

Therefore, to establish jurisdiction over a claim against the United States, a plaintiff must identify a Congressional waiver of immunity or consent to be sued that is clearly and unequivocally expressed. … A claim against the United States under the CWA citizen-suit provision operates as a waiver of sovereign immunity from suit. See id.