Case law

Coyle Lines Inc. v. United States

115 F. Supp. 272 · District Court, E.D. Louisiana · Sep 25, 1953

This is clearly the significance of the requirement in both statutes that courts consider the whole record. * * * “To be sure, the requirement for canvassing ‘the whole record’ in order to ascertain substantiality does not … A carrier first in business has no immunity against future competition. Chesapeake & Ohio Ry. Co. v. United States, 283 U.S. 35, 42 , 51 S.Ct. 337 , 75 L.Ed. 824 ; North Coast Transportation Co. v.

United States v. Patin

501 F. Supp. 182 · District Court, E.D. Louisiana · Oct 30, 1980

Under this “firmly established policy,” Thompson v. … See also Note, Separation of Powers and Defense Witness Immunity, 66 Geo.L.J. 51, 51-52 & nn. 1-5 (1977).

Calton v. U.S. Court of Appeals

District Court, E.D. Louisiana · Mar 7, 2023

complaint is frivolous if it lacks an arguable basis in law or fact.33 A claim has no arguable basis in law if “it is based on indisputable meritless legal theory.”34 It lacks a basis in facts if “the facts alleged are clearly … argues that this Court has authority to issue a writ of mandamus compelling the named defendants to comply with the Constitution.61 The All Writs Act, 28 U.S.C. § 1651, provides that “[t]he Supreme Court and all courts established

Apex Oil Company, Inc. v. United States

208 F. Supp. 2d 642 · District Court, E.D. Louisiana · Jan 28, 2002

The ‘act of God’ defense is more nebulous, and many occurrences asserted as ‘acts of God’ would not qualify as ‘exceptional natural phenomenon.’ … The body of law already established under Section 311 of the CWA is the foundation of the OPA.

Hanover Insurance Co. v. Superior Labor Services, Inc.

179 F. Supp. 3d 656 · District Court, E.D. Louisiana · Mar 31, 2016

The state and federal proceedings are clearly not parallel. … Interpretation of Decree from Parallel State Proceeding Again, the State-Court Lawsuits and this action are clearly not parallel.

Goulas v. Lagreca

945 F. Supp. 2d 693 · District Court, E.D. Louisiana · May 10, 2013

Second, Plaintiff argues that he was subject to partial pay docks, which is sufficient to prevent him from qualifying as a salaried employee. … “For an employee to establish a claim under La. R.S. 23:967, she must prove that her employer committed an actual violation of state law.” Stevenson v.

Clancy v. Employers Health Insurance

82 F. Supp. 2d 589 · District Court, E.D. Louisiana · Nov 24, 1999

R.S. 22:663 clearly “relates to” an employee benefit plan, and thus falls under ERISA’s preemption clause, § 514(a), it is similarly clear that La. … The plan at issue in this case is clearly insured and is thus subject to indirect regulation by Louisiana insurance law.

Dufrene v. Browning-Ferris, Inc.

994 F. Supp. 748 · District Court, E.D. Louisiana · Feb 18, 1998

The court used the three-step analysis established by the Supreme Court in Chevron, U.S.A., Inc. v. … Further, after a probationary period, workers qualify to receive certain benefits, such as holiday pay and vacation time. See CBA, Arts. 16-18.

Greyhound Lines, Inc. v. City of New Orleans Ex Rel. Department of Public Utilities

29 F. Supp. 2d 339 · District Court, E.D. Louisiana · Dec 3, 1998

Greyhound’s operations clearly qualify as charter service. Although the term is not defined, the Department of Transportation has consistently defined the term in a variety of contexts. … As the Court has determined that Greyhound was operating a charter service, the certification requirement clearly would relate to charter transportation.

Stewart v. Dameron

321 F. Supp. 886 · District Court, E.D. Louisiana · Jan 29, 1971

These allegations, if true, clearly show irreparable injury. … The respondent here has intimated that the Act only establishes a ‘principle of comity,’ not a binding rule on the power of the federal courts.

Jacquet v. Bonin

425 F. Supp. 863 · District Court, E.D. Louisiana · Jul 21, 1975

If states may impose rules to assist the administration of their AFDC program, HEW clearly may promulgate regulations permitting them to do so. … The statute was intended to prevent the States from denying- benefits even temporarily, to a person who has been found fully qualified for aid.

Taylor v. Missouri Pacific RR Co.

614 F. Supp. 1320 · District Court, E.D. Louisiana · Mar 20, 1985

Grievance and disciplinary proceedings arising out of work in a craft for which another union is the bargaining representative clearly fall within the purview of employment security. … Section 2 and Section 2, Eleventh (c) would clearly prohibit UTU from contracting with MOPAC to prohibit MOP AC employees working within UTU’s craft from joining BLE.

United States v. Louisiana

718 F. Supp. 525 · District Court, E.D. Louisiana · Aug 4, 1989

Thus, Southern’s invocation of the clearly erroneous rule is inapposite. … The Court has endeavored to appoint a qualified Monitoring Committee with geographical and racial diversity. As a Louisiana resident and educator, Dr.

Ratliff v. Louisiana State

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

Therefore, “[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 19 See R. Doc. … Plaintiff seems to argue that the contract defendants breached is the “fundamental contractual duty of law enforcement to protect citizens.”24 In Louisiana, a valid contract “is formed by the consent of the parties established

Babin v. Caddo East Estates I, Ltd.

496 B.R. 804 · District Court, E.D. Louisiana · Aug 9, 2013

If Congress had intended this result — a significant curtailment of traditional remedies commonly available — it would have spoken more clearly. The Trustee’s claim is not preempted. II. … Loss distribution and financial protection rules involve issues like immunity from suit, whether liability is joint and several, contribution rules, and the like.

Blumenthal Print Works v. United States

51 F. Supp. 208 · District Court, E.D. Louisiana · Aug 3, 1943

It must take the privilege as it is offered, for the United States as sovereign is, of course, immune from suit except as it consents to be sued, and the terms of its consent with respect to the present suit for refund defines … Plaintiff, while it has established to the satisfaction of this Court that it did initially bear the burden of the amount of compensating tax paid, at the time of payment, has not so established that it did continue to bear

Dorsey v. Money MacK Music, Inc.

304 F. Supp. 2d 858 · District Court, E.D. Louisiana · Dec 1, 2003

The burden of establishing federal jurisdiction is on'the party seeking removal. Willy v. *863 Coastal Corp., 855 F.2d 1160, 1164 (5th Cir.1988). … Generally, “[t]he torts of conversion and trespass relate to interference with tangible rather than intangible property, and hence, should be held to be immune from preemption”. 1 Melville B.

Lalla v. City of New Orleans

161 F. Supp. 2d 686 · District Court, E.D. Louisiana · Apr 4, 2001

To qualify as a “prevailing party” under § 1988(b): “[A] civil rights plaintiff must obtain at least some relief on the merits of his claim. … It must be observed that in Brady , the case was initially appealed following a denial of qualified immunity to defendants on summary judgment, remanded to the district court for trial, tried to a jury, a post-trial motion

Advocacy Center for the Elderly & Disabled v. Louisiana Department of Health & Hospitals

731 F. Supp. 2d 603 · District Court, E.D. Louisiana · Aug 9, 2010

physicians or, in lieu of one physician, a qualified clinical or medical psychologist with experience or training in forensic evaluations. 7 This commission examines the defendant and issues a report. … It will admit the portions of the declarations that relate to W.B.’s statements for the purpose of establishing that the statements were made, because this use is relevant to establish W.B.’s state of mind. B.

Jefferson Parish Firefighters Association v. Louisiana Board of Ethics

District Court, E.D. Louisiana · Apr 15, 2025

To obtain a preliminary injunction, a movant must establish: (1) a 59 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. … . . . a plaintiff must name individual state officials as defendants in their official capacities.”90 Because “the City clearly named only the ‘Texas Workforce Commission,’ a state agency immune to suite,