Case law

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

Jacquet

District Court, E.D. Louisiana · Nov 25, 2025

income sources (including social security or unemployment payments4) and the demands on her financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … ‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . .

Martin v. Blackburn

521 F. Supp. 685 · District Court, E.D. Louisiana · Aug 12, 1981

The state court record together with the evidence adduced at the federal evidentiary clearly establishes that this allegation is without foundation. … The evidence clearly established that when Martin went to Todd’s trailer on Sunday evening, he did so with the intent to shoot Todd.

O'Connor

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

R.S. § 22:1924.26 Third-party Defendants Irwin and his company argue they are entirely immune from suit under the novel theory of appraiser immunity. … Appraiser Immunity First, the question of immunity from suit.

Rodriguez

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

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Plaintiff’s vague allegations do not establish that he is a qualified individual with a disability.

St. Augustine High School v. Louisiana High School Athletic Ass'n

270 F. Supp. 767 · District Court, E.D. Louisiana · Jul 6, 1967

state facilities, the more he associates himself with state officials and agencies acting in their official capacities, the more he uses and relies on state power to achieve his ends, then the more surely he forfeits the immunity … The authority for this allowance of a class action with respect to this one specific issue is clearly contained in new Rule 23(c)(4)(A).

SIEMENS BLDG. TECHNOLOGIES v. Jefferson Parish

298 F. Supp. 2d 415 · District Court, E.D. Louisiana · Jan 9, 2004

Plaintiffs decision *421 to purchase and install the HVAC clearly stemmed from its contract with Towers, as did any financial obligation due Siemens as a result of its work. … Therefore, this Court holds that a public works contract existed between Siemens and Towers and that Siemens consequently qualifies as a “claimant” pursuant to La. R.S. 38:2242.

Administrators of Tulane Educational Fund v. Debio Holding, S.A.

177 F. Supp. 2d 545 · District Court, E.D. Louisiana · Oct 24, 2001

Debiopharm, on the other hand, argues that the phrase “in the manner provided in the License Agreement,” qualifies the entire royalty payment provision. … There is clearly a genuine issue of material fact as to whether the parties intended to incorporate wholly the royalty payment provisions in the original license agreement, or whether they intended to establish an separate

King v. Thompson Meat Packing

District Court, E.D. Louisiana · Aug 8, 2025

does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … Timeliness Only Deputy Casey could qualify as proper defendant for a § 1983 claim.

Senior

District Court, E.D. Louisiana · Feb 3, 2026

income sources (including social security or unemployment payments4) and the demands on his financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … Millender, 565 U.S. 535, 132 S.Ct. 1235, 1244–1251, 182 L.Ed.2d 47 (2012) (concluding that officers’ reliance on a facially valid warrant entitled them to qualified immunity despite a claim that they lacked probable cause

Taylor v. Fishing Tools, Inc.

274 F. Supp. 666 · District Court, E.D. Louisiana · Oct 16, 1967

. ■ It sought -therefore to establish the essential constitutional basis for the statute’s application by relating coverage to accidents occurring in Louisiana. … But the statute merely gives a claimant a direct right of action against the liability insurer when he has a cause of action against the insured, or where the insured would be liable but for an immunity personal to him. *

Woods v. Louisiana Special School District

District Court, E.D. Louisiana · Dec 4, 2023

Further, there is no indication that the state of Louisiana has waived its immunity in this case. Accordingly, plaintiff’s ADEA claim is barred by the doctrine of sovereign immunity. … Plaintiff has not met her burden of establishing the Court’s subject matter jurisdiction with respect to this claim.

The Silverbrook

18 F.2d 144 · District Court, E.D. Louisiana · Mar 7, 1927

It is plain enough that Congress intended to abolish the old rule, established in the jurisprudence, by which the federal courts refused to enforce arbitration agreements. … In- . deed, the qualifying provision of section 4 alone seems to compel the conclusion stated, since the hearings and proceedings under such arbitration agreements “shall be within the district in which the petition for an

Body by Cook, Inc. v. State Farm Mut. Auto. Ins. Co.

355 F. Supp. 3d 533 · District Court, E.D. Louisiana · Nov 16, 2018

, despite its many attempts to contract with State Farm, State Farm has "refused to contract with Plaintiff[ ] but ha[s] continued to contract with-and make itself available to contract with-similarly situated or lesser qualified … 60 There is no dispute that State Farm sent BBC another letter on March 5, 2014, advising BBC that State Farm was not considering its facility for the Select Service Program at that time. 61 State Farm's letters to BBC clearly

Int'l Marine, LLC v. Integrity Fisheries, Inc.

327 F. Supp. 3d 952 · District Court, E.D. Louisiana · Feb 28, 2018

Furthermore, the liability for which Tesla and International seek coverage clearly did not arise out of Integrity or Sea Eagle's work. … The first of these criteria is easily met, as the MSAs clearly relate to Integrity and Sea Eagle's business.

Brown v. Williams

District Court, E.D. Louisiana · Oct 28, 2024

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. See Iqbal, 556 U.S. at 678. … But neither Daves nor Arnone purports to overturn Burge, and “[a]n ‘en banc’ decision cannot overturn a binding published panel decision unless it does so clearly.” United States v.

The Munaires

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.

O'Keefe v. City of New Orleans

273 F. 560 · District Court, E.D. Louisiana · Apr 21, 1921

Indeed, the rale goes to the extent that, unless the motion clearly discloses that on the allegations of the bill, which are taken as true, it must be dismissed upon final hearing, the preliminary motion to dismiss must be … due process of law, and in violation of the Constitution of the United States, and particularly the Fourteenth Amendment, which provides that “no state shall make or enforce any law which shall abridge the privileges or immunities

Isleem v. Peacock

District Court, E.D. Louisiana · Aug 21, 2024

Therefore, for the purposes of the INA, inaction qualifies as part of the process under the statute. See id. … A subpoena clearly qualifies under this definition, as there is a threat of being held in contempt of the tribunal. (Id.).

Bondurant v. 3M Company

District Court, E.D. Louisiana · Jul 17, 2019

To qualify for removal under § 1442(a)(1), a defendant must 13 (Rec. Doc. 26, at 6-8). 14 (Rec. … See Winters, 149 F.3d at 398 (“[C]orporate entities qualify as ‘persons’ under § 1442(a)(1).” (citation omitted)). The Defendants have a colorable federal defense under Boyle.