Case law

Tatum v. Acadian Production Corporation

35 F. Supp. 40 · District Court, E.D. Louisiana · Sep 28, 1940

As a matter of fact, so far as the record made up on the trial of the motions established, the entire payment and discharge of the consideration of sale has not yet been effected. … and the “limited” or “special” partner is a partner whose status as such is restricted; but in liquidating an insolvent partnership, the only difference between such a partner and a “general” one consists in the former’s immunity

Markey v. Tenneco Oil Co.

439 F. Supp. 219 · District Court, E.D. Louisiana · Oct 21, 1977

Nonetheless, the law is clearly established that the employer may not use a collective bargaining agreement in any way as a shield when discriminatory practices are shown to exist. Carey v. … This contention is clearly erroneous.

Cazalas v. United States Department of Justice

569 F. Supp. 213 · District Court, E.D. Louisiana · Apr 15, 1983

Mentz, Jr., to decide the case based upon the record established during the trial and in pre-trial proceedings. … The Fifth Circuit held that official immunity protected the director from liability for defamation and that the plaintiff had no cause of action for damages under the First Amendment for retaliatory demotion in view of remedies

Doe v. Jindal

851 F. Supp. 2d 995 · District Court, E.D. Louisiana · Mar 29, 2012

Hearsay evidence and unsworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … To repeat for emphasis, the Equal Protection Clause of the Fourteenth Amendment of the Constitution clearly and directly commands that no State shall “deny to any person within its jurisdiction the equal protection of the

Watkins v. UNITED STEEL WORKERS OF AMERICA, LOC. NO. 2369

369 F. Supp. 1221 · District Court, E.D. Louisiana · Jan 14, 1974

But there are innumerable cases under-Title VII in which courts have significantly modified established seniority rights. … That case involved only the issue of whether a senior white who bumped a more junior black was qualified for the job at th< *1230 time of the bump.

Dietze v. Siler

414 F. Supp. 1105 · District Court, E.D. Louisiana · Jun 14, 1976

. § 239 , 1 and proceeded to the merits, ordering plaintiff’s federal license suspended for *1107 three months based on the finding that the charge of negligence was established. … In effect, the language of section 239 establishes a jurisdictional blueprint without which the grant of suspension/revocation authority in 214 must remain inchoate.

Foster v. Subsea International, Inc.

101 F. Supp. 2d 454 · District Court, E.D. Louisiana · Jul 27, 1998

Clearly, the definition of “insured” does not include “Alternate Employer’s.” … The American Empire insurance policy at issue clearly excludes coverage for longshoremen. Rec. Doc. No. 65 Ex. “E” pp. 1-2.

Turner v. Board of Supervisors of the University of Louisiana System

District Court, E.D. Louisiana · Sep 27, 2022

Defendant Kenney has moved for summary judgment on both of these FMLA claims and also asserts qualified immunity. A. … Because this Court dismisses all FMLA claims, it is unnecessary to decide whether Kenney would have a viable claim for qualified immunity.

Chaffraix v. Board of Liquidation

11 F. 638 · District Court, E.D. Louisiana · Mar 15, 1882

He is clearly a necessary party. I do not understand that the case of Davis v. Gray has attempted to change the rule recognized in these cases and enforced in Governor v. Madrazo. … He says, page 21, “that case is clearly distinguishable from the cases of Osborne v. Bank and Davis v. Gray.”

Madden Gulf Coast LLC v. Hilark Industries, Inc.

District Court, E.D. Louisiana · Apr 16, 2025

Middleton now qualifies as an expert that was retained or specifically employed in preparation for trial and who is not expected to be called as a witness at trial. … Clearly then, as written, the requests to Middleton certainly request information that was prepared in anticipation of this litigation—at least in part. 2 The burden of establishing exceptional

Akula v. Cassidy

District Court, E.D. Louisiana · Apr 10, 2024

from suit pursuant to the doctrines of absolute, qualified, or sovereign immunity, and because Plaintiff’s claims are now barred under Heck v. … Humphrey, the Supreme Court established that, before ruling on a Section 1983 claim to recover damages for “harm caused by actions whose unlawfulness would render a conviction or sentence invalid,” “the district court must

Durant v. Gretna City

District Court, E.D. Louisiana · Aug 27, 2021

Gretna, Chief Lawson, and “Unidentified Parties.”14 On November 4, 2019, Defendants filed a motion for summary judgment asserting qualified immunity.15 On January 17, 2020, the Court granted in part and denied in part Defendants … Defendants sought interlocutory review of this Court’s denial of qualified immunity, which the Fifth Circuit affirmed on September 23, 2020.16 On July

Noble Drilling Corp. v. Donovan

266 F. Supp. 917 · District Court, E.D. Louisiana · Mar 16, 1967

Of five doctors thus recommended, three issued reports clearly supporting the employer’s contention that there was nothing physically wrong with Goins. … Salatich is described by the Commissioner and the parties as “an orthopedic surgeon” (R. 19); however, that description ought to be qualified by noting that Dr.

Milena Ship Management Co. Ltd. v. Newcomb

804 F. Supp. 846 · District Court, E.D. Louisiana · Aug 10, 1992

No evidence establishes the absence of some governmental presence in the concept of social property. … Whether an error of law was committed has not been established by plaintiffs.

Morales v. Pan American Life Insurance

718 F. Supp. 1297 · District Court, E.D. Louisiana · Jul 31, 1989

Clearly, if these claims were based on Louisiana law, they would be preempted because they “relate to” an employee benefit plan and they do not regulate insurance. 9 See Pilot Life Insurance Company v. … There are three types of available annuities: (1) qualified joint and 100% survivor annuity; (2) qualified joint and one-half survivor annuity; or (3) single life annuity. See Plan, Article VII, § 7.03 and 7.04. 7 .

Barlow v. BP Exploration & Production, Inc

District Court, E.D. Louisiana · Aug 9, 2022

, discretionary function immunity, and the implied conflict preemption doctrine. … Seaman Status To qualify as a Jones Act seaman, a worker must “contribute[] to the vessel or to the accomplishment of its mission.”

Pittman v. Campbell

District Court, E.D. Louisiana · Jan 31, 2025

And its reasoning clearly extends to the Jasper County Justice Court. … Causey, 124 F.4th 325, 47 The Court decides not to reach whether sovereign immunity or qualified immunity applies to the remaining defendants (apart from Campbell) with respect to Pittman’s § 1983 claims because the

Goffner v. Avondale Industries, Inc.

District Court, E.D. Louisiana · Dec 1, 2022

Indeed, the Court finds Avondale has established elements one and three R. … The Standard for Establishing a Colorable Federal Defense.

Southern Snow Manufacturing Co. v. Snowizard Holdings, Inc.

921 F. Supp. 2d 548 · District Court, E.D. Louisiana · Jan 31, 2013

(holding “an insurer’s duty to defend exists until the insurer can establish by undisputed facts that the insured's conduct is not covered.”); West v. … The Advisory Committee Notes of 1946 state that "[t]he addition of the qualifying word 'final' emphasizes the character of judgement, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory judgments

Castellanos-Contreras v. Decatur Hotels, L.L.C.

488 F. Supp. 2d 565 · District Court, E.D. Louisiana · May 16, 2007

As a part of the application for obtaining certification to bring H-2B guestworkers to New Orleans, the Defendants certified to the U.S. government that qualified persons in the United States were not available to fill the … The FLSA Applies to H-2B Guestworkers While the historical development and fragmentation of the H-2 program clearly demonstrates Congress’s special concern for agricultural laborers, it does not suggest that nonagricultural