Case law

In re Naturalization of Arbesu

347 F. Supp. 1014 · District Court, E.D. Louisiana · May 3, 1972

The issue in this case is whether the petitioner here is qualified for naturalization under Section 316(a) of the Immigration and Nationality Act ( 8 U.S.C. § 1427 ). … The evidence before the court clearly supports a finding that in any possible conflict between the United States and Cuba the petitioner’s loyalty would lie with the United States.

Winter v. Eon Production, Ltd.

433 F. Supp. 742 · District Court, E.D. Louisiana · May 21, 1976

Justice Frankfurter himself clearly repudiated such notions in his concurrence in Pope & Talbot v. Hawn, 1953, 346 U.S. 406, 414 , 74 S.Ct. 202 , 98 L.Ed. 143 . 7 . Although under Louisiana law Mrs. … Winter could not have sued her husband as a joint tortfeasor, La.R.S. 9:291, the defense of inter-spousal immunity is strictly personal and does not bar a claim for contribution against a spouse whose fault has contributed

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

C.M. Thibodaux Co. v. United States

723 F. Supp. 367 · District Court, E.D. Louisiana · Oct 10, 1989

Because the state court had decided that title had passed from the state to private owners, the Group No. 1 court found the private owners were not immune from federal income tax. Likewise in Burnet v. … The Maniscalco facts, like those of Blair , are clearly distinguishable from this case. Maniscalco involved a federal gambling tax lien on real property.

Johnson v. Big Lots Stores, Inc.

253 F.R.D. 381 · District Court, E.D. Louisiana · May 7, 2008

Opinions and Conclusions Expressed by Individuals Who Have Not Been Qualified and Designated as Expert Witnesses Sixth, plaintiffs seek to prevent any witness who has not been qualified and designated as an expert from expressing … The moving party bears the burden of establishing that there are no genuine issues of material fact.

Savoy

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

For the reasons that follow, Plaintiff has sufficiently established his inability to pay fees, as required by 28 U.S.C. § 1915(a)(1). … This is so because the competence of a layman is clearly too limited to allow him to risk the rights of others.24 18 Ashcroft v.

Parker v. Jackup Boat Service, LLC

542 F. Supp. 2d 481 · District Court, E.D. Louisiana · Feb 14, 2008

It is Plaintiffs position that the chair involved in the accident was an appurtenance to the vessel which was “clearly unseaworthy.” (Id.) … According to Plaintiff, “[t]he chair aboard the vessel was clearly an appurtenance to the vessel” and “[t]he chair was clearly defective in that it broke.” (Id.)

Pasquier v. Tarr

318 F. Supp. 1350 · District Court, E.D. Louisiana · Oct 14, 1970

Carlisle & Jacquelin, 391 F.2d 555 (2d Cir. 1968), the plaintiff sought to qualify his cause of action under either Rule 23(b) (1) or 23(b) (2) because, according to the court, of the theory that notice is not mandatory under … The I-S deferment, like the III-A fatherhood deferment, is clearly covered by this proviso.

Thompson

District Court, E.D. Louisiana · Mar 30, 2026

Additionally, Defendant argues that Plaintiff cannot show that she was clearly better qualified than the employee that was selected for the position, as opposed to merely better qualified or as qualified. … That issue, as Defendant correctly points out, is whether Plaintiff was clearly more qualified than Manning at the time Manning was selected. Defendant argues that Plaintiff fails to make such a showing.

Socialist Workers Party v. Hardy

480 F. Supp. 941 · District Court, E.D. Louisiana · Aug 5, 1977

However, section 359(9) clearly requires either knowing membership in a subversive organization or actual commission of illegal acts for one to be a subversive person. … Using this principle, the Court has established the basic guidelines under which a state may regulate or inquire into association with groups having illegal purposes: “Employment [and by extension, access to the ballot] may

Turner v. Kansas City Southern Railway Co.

622 F. Supp. 2d 374 · District Court, E.D. Louisiana · May 19, 2009

Yet, the Court finds all of these exhibits qualify as admissible hearsay pursuant to Rule 803(6) of the Federal Rules of Evidence. … of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified

City Land Properties LLC v. Federal Emergency Management Agency

District Court, E.D. Louisiana · Jun 14, 2022

The Supreme Court has held “on many occasions that a waiver of [federal] sovereign immunity must be ‘unequivocally expressed’ in statutory text” and must be “clearly evident from the language of the statute.” … Accordingly, City Land’s APA argument cannot independently establish subject matter jurisdiction.76 IV.

Skinner v. W. T. Grant Co.

1 B.R. 484 · District Court, E.D. Louisiana · Apr 12, 1979

Rodman was qualified as trustee of the bankrupt estate of Grant and since that date has acted in that capacity. … Section 115 of the Consumer Credit Protection Act, provides for a qualified immunity under the act for assignees of an original creditor’s accounts tainted with alleged violations of Truth in Lending: Except as otherwise

McKendall v. United States

District Court, E.D. Louisiana · Feb 18, 2025

waiver of sovereign immunity. … knowledge” of his claim within two years from the date of the injury.93 Plaintiff mentions the discovery rule and argues that “the time limit may begin when the claimant reasonably discovers the issue.”94 Plaintiff does not clearly

United States v. St. James Parish

792 F. Supp. 1419 · District Court, E.D. Louisiana · May 13, 1992

respect to which funds have been paid under Section 291f of this title, shall, at any time within 20 years after the completion of construction or modernization— *1421 (1) be sold or transferred to any entity (A) which is not qualified … See, Government’s First Amended Complaint; Minute Entry Order of the Court dated April 6, 1992; and Minute Entry Order of the Court dated April 15, 1992 (stating that the Government’s First Amended Complaint "clearly seeks

Gressett v. Southwest Airlines Co.

216 F. Supp. 3d 743 · District Court, E.D. Louisiana · Oct 20, 2016

No rational trier of fact could conclude that this behavior qualified as anything more than regrettably rude and off-putting. … The law clearly provides for a colorable assault claim only when the threat is one of physical violence. In Castiglione v.

Badeaux v. St. Charles Parish Sheriff's Office

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

Cravero but neglecting to mention a clearly be read to state a baseline constitutional violation. In Steagald v. … Here, the plaintiff alleges no such deprivation. 4 This is to say nothing of the individual defendants’ qualified immunity, or the fact that the Sheriff’s Office is not a suable legal

U.S. Equal Employment Opportunity Commission v. E.I. Du Pont de Nemours

347 F. Supp. 2d 284 · District Court, E.D. Louisiana · Oct 15, 2004

At the outset, the plaintiff must establish a prima facie case of a violation of the ADA. … Prong 2: Was Barrios “Qualified”? Only “qualified individuals with disabilities” are entitled to protection under the ADA. 42 U.S.C. § 12112 (a).

Canales Martinez v. Dow Chemical Co.

219 F. Supp. 2d 719 · District Court, E.D. Louisiana · Jul 16, 2002

The substance of Batres’ affidavit is as follows: The Honduran civil courts clearly have jurisdiction over DBCP cases. … Dead Sea cooperated by waiving its sovereign immunity. 21 . Likewise, the instant motion, in which defendants argue that it would be more convenient for U.S.

Bourgeois v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · May 14, 2020

Avondale raises the government contractor immunity defense under Boyle v. United Techs. … Avondale also raises the derivative sovereign immunity defense under Yearsley v. W.A. Ross Constr. Co., 309 U.S. 18 (1940).