Case law

American Association of Councils of Medical Staffs of Private Hospitals, Inc. v. Mathews

421 F. Supp. 848 · District Court, E.D. Louisiana · Oct 12, 1976

This legislation establishes a federal reimbursement scheme for funding beneficiaries’ covered health costs. … Hospitals are not required to participate in the medicare program and doctors are not required to practice at hospitals which qualify as providers of services.

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.

Segura v. DeJoy

District Court, E.D. Louisiana · Apr 12, 2022

Defendant asserts twenty affirmative defenses including: that the Court lacks jurisdiction for Plaintiff’s claims that do not arise under federal law; that sovereign immunity bars Plaintiff’s claims; that USPS acted reasonably … Defendant also asserts that the only waiver of sovereign immunity for a cause of action for disability discrimination in federal employment is the Rehabilitation Act, 29 U.S.C. §§ 791 et seq. Id. at 8. II.

In re Everett

520 B.R. 498 · District Court, E.D. Louisiana · Sep 29, 2014

Section 408(a) defines IRA, and provides several requirements for IRAs to qualify for special tax treatment. … If an account does not satisfy each of these requirements, it will not qualify or comply with the Internal Revenue Code.

Sawyer v. Charles

District Court, E.D. Louisiana · Mar 29, 2022

Moreover, Warden Robinson’s qualified immunity defense cannot carry the day at the pleading stage. … Alternatively, Defendants argue that they are entitled to qualified immunity.

Scarborough v. Clemco Industries

264 F. Supp. 2d 437 · District Court, E.D. Louisiana · May 16, 2003

Thus, for actions sounding in substantive maritime law the available damages are well established to preclude non-peeuniary damages. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.”

Holmes v. Hollis

District Court, E.D. Louisiana · Oct 23, 2023

Plaintiff has also failed to establish this Court has subject-matter jurisdiction based on 28 U.S.C. § 1332. The citizenship of Plaintiff is not different from the citizenship of the Defendants. … Where a claim is barred by absolute immunity, it is frivolous, and dismissal with prejudice is proper.4!

Tolbert v. Gusman

District Court, E.D. Louisiana · Apr 16, 2020

La. 2005). 3 (2) Plaintiffs cannot show they acted with deliberate indifference to Mealey’s medical needs; and (3) Movants are entitled to qualified … immunity.

Noakes v. Department of Homeland Security

District Court, E.D. Louisiana · Mar 12, 2025

Noakes alleges that she was entitled to FMLA qualified leave, as she had only used 80 of the 480 allowed hours of FMLA leave. … Excusing a plaintiff from the exhaustion requirement would “circumvent the statutory scheme, since Title VII clearly contemplates that no issue will be the subject of a civil action until the EEOC has first had

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

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

Official Capacity Claims and Sovereign Immunity Defendants first argue that Plaintiff’s official capacity claims are barred by the Eleventh Amendment’s grant of sovereign immunity. … [the deprivation] of any significant property interest,”34 Plaintiff’s allegations do not clearly state what pre-deprivation process he was owed.

In Re: Texas Petroleum Investment Company

District Court, E.D. Louisiana · Sep 6, 2024

TPIC has moved for summary judgment on the issue of the borrowed employee doctrine, which, if applicable, would cloak TPIC in tort immunity. … TPIC argues that Pierre clearly acquiesced due to his seven- day hitches, providing little else in the way of additional argument.

Joseph v. Eagle Inc.

District Court, E.D. Louisiana · Mar 12, 2021

established by Boyle v. … Yearsley established that a federal government contractor, performing at the direction and authorization of a federal government officer, is immune from suit based upon performance of the contract

Frazier v. Donelon

381 F. Supp. 911 · District Court, E.D. Louisiana · Aug 23, 1974

GRIEVANCE PROCEDURE The recently established inmate council is considered a satisfactory mechanism for use in helping to resolve grievances. … Clearly the Court could not and would not uphold such a nebulous degree of personal latitude on the part of the authorities caused by the lack of specific rules.

Calton v. U.S. Court of Appeals

District Court, E.D. Louisiana · May 2, 2023

“[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, and … In the supplemental motion for reconsideration, Plaintiff argues that this Court erred by failing to consider his argument that the judges are not entitled to sovereign immunity under the Larson-Dugan exception.18 In Larson

Greenwald v. Cantrell

District Court, E.D. Louisiana · Sep 16, 2024

Title II of the ADA states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities … of a public entity, or be subjected to discrimination by any such entity.”47 To state a claim under under Title II of the ADA, a plaintiff must allege: “(1) that he has a qualifying disability; (2) that he is being

Jones v. Gee

District Court, E.D. Louisiana · Feb 5, 2020

open workers compensation claims; (3) created negative entries in plaintiff’s human resources file; (4) over assigned work to plaintiff; and (5) denied plaintiff promotions “for which she was duly qualified … Third, defendant notes that plaintiff’s complaint references multiple EEOC complaints but fails to clearly differentiate between the complaints by name or date. Id. at 10.

Consolidated Environmental Management, Inc. v. Zen-Noh Grain Corp.

981 F. Supp. 2d 523 · District Court, E.D. Louisiana · Nov 5, 2013

. § 7407 (a), and must develop a state implementation plan (“SIP”) to achieve the standards established by the EPA. See 42 U.S.C. § 7410 (a). … For entities regulated under the Act, “[t]he burden is clearly on the source to do whatever is necessary to assure compliance.”

Veritext Corp. v. Bonin

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

establishing a standard of competency for those persons engaged in it.” LA. STAT. ANN. § 37:2551(A) (2021). … Generally, two criteria must be satisfied: (1) “the challenged restraint must be one clearly articulated and affirmatively expressed as state policy to displace competition with state regulation

Weiss v. Allstate Insurance

512 F. Supp. 2d 463 · District Court, E.D. Louisiana · Apr 9, 2007

There is thus no question that Burns is qualified to be an expert witness in this case. … Thus, by its plain terms, the statute clearly establishes that if an insurer intentionally commits one of the specified types of conduct, the consequences are that the insurer is liable for the damages imposed by the statute