Case law

United States v. Bradford

148 F. 413 · District Court, E.D. Louisiana · Dec 23, 1905

Even if it were true that to sustain the indictment in this case it was requisite to show that the carrying out of the conspiracy was to cause pecuniary loss, to the United States, I am satisfied the proof established that … But, conceding, arguendo, what is clearly untrue, viz., that a collateral attack was permitted in this cause, what then ?

In Re Southern Land Title Corporation

301 F. Supp. 379 · District Court, E.D. Louisiana · Nov 25, 1968

Without some elaboration by Henican, we do not think it incumbent upon Stone to have established any additional facts because the facts which he did establish clearly show that he is a creditor entitled to maintain the petition … Michael, 280 F.2d 106 (1st Cir. 1960), clearly shows that such a fact does not in itself establish bad faith.

Williams v. Trinity Med. Mgmt., L.L.C.

331 F. Supp. 3d 557 · District Court, E.D. Louisiana · Jul 18, 2018

Specifically, Hyperion contends that the phrase, "any and all claims," clearly and unequivocally encompasses claims for contractual indemnity. … Simply because Plaintiff chose not to admit to the existence of the parallel litigation does not entitle him to immunity from the agreements he entered.

BTE v. Bonnecaze

43 F. Supp. 2d 619 · District Court, E.D. Louisiana · Apr 7, 1999

To qualify as an author, one must supply more than mere direction or ideas. … The Court held that Trinity was unable to establish joint authorship to the plays at issue, particularly considering the independent copyrightability test. 4 .

Santos v. Sacks

697 F. Supp. 275 · District Court, E.D. Louisiana · Sep 30, 1988

Rose’s only recognized that the requisite minimum contacts to sustain “general jur *282 isdiction” 8 are established where a foreign corporation is qualified under Florida law to transact business in Florida and has appointed … Plaintiffs do not allege that John Massicot guaranteed a specific result and, clearly, he performed work on the case. Therefore, plaintiffs’ complaint fails to state a claim in contract against the Massicot defendants.

Chatelain v. Southern Baptist Health Systems

907 F. Supp. 206 · District Court, E.D. Louisiana · Nov 27, 1995

Here the plan was established by the employer to provide medical, surgical or hospital care benefits through the purchase of health insurance. … Further, this plan qualifies as an ERISA employee benefit plan. 6 ERISA applies to employee benefit plans maintained “by any employer engaged in commerce or in any industry or activity affecting commerce.” 29 U.S.C. § 1003

United States v. State of La.

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.

Chauvin v. Chevron Oronite Co., LLC

263 F.R.D. 364 · District Court, E.D. Louisiana · Sep 30, 2009

However, the numerosity requirement does not require the plaintiff to establish the exact number of potential class members. Id. … Consequently, typicality appears to be established at this time.

Bizcapital Business & Industrial Development Corp. v. Office of Comptroller of the Currency of the United States

406 F. Supp. 2d 688 · District Court, E.D. Louisiana · Nov 23, 2005

The filing of a SAR is clearly not what plaintiff complains of in its State Court suit. … Firstar Bank, 2005 WL 2346998 (N.D.Ia.2004) (safe harbor provision grants banks immunity from claims based on filing a SAR); and Bank of China v. St. Paul Mercury Ins. Co., 2004 WL 2624673 , 2004 U.S. Dist.

Todd v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · Nov 7, 2022

immunity.8 Because the Court finds that Guidry’s first argument has merit and is dispositive for the following reasons, the Court need not address the remaining two arguments. … Rather, the plaintiff must show that the officials refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a 7 Id. at p.

Lucas-Vicks

District Court, E.D. Louisiana · Jul 16, 2026

Defendant is a private person, and Plaintiff does not set forth any allegations to suggest that Defendant is an official who qualifies as a state actor nor does she include any allegations to establish that Defendant conspired … Even if she had, she fails to allege sufficient facts to establish same.

Ravain v. Ochsner Medical Center - Kenner, L.L.C.

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

Defendants further assert that federal question jurisdiction exists in this matter because the complete-preemption doctrine clearly applies. (Id. at pp. 3–5). … The burden of establishing subject matter jurisdiction in federal court rests on the party seeking to invoke it. St.

Turner v. Murphy Oil USA, Inc.

472 F. Supp. 2d 830 · District Court, E.D. Louisiana · Feb 28, 2007

from direct liability under the doctrine of sovereign immunity. … sovereign immunity); Block v.

United States v. M/V BIG SAM

454 F. Supp. 1144 · District Court, E.D. Louisiana · May 9, 1978

By enacting FWPCA, Congress comprehensively established standards and limits of liability for oil spill cleanup costs. … The purpose of the 1972 Act is clearly to provide a basis on which the United States can obtain a recovery, not eliminate already existing remedies to the government, including those under prior statutes.

Stelly v. Department of Public Safety and Corrections Louisiana State, Office of State Police

District Court, E.D. Louisiana · Dec 11, 2023

Biggins, 507 U.S. 604 (1993) (establishing this burden-shifting framework). … Stelly asserts he was “clearly more qualified” than Burns and Amin because he was listed higher on the “eligible list” for promotion based on his examination results and had more years of service in the LSP and as a lieutenant

Asante-Chioke

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

Candies clearly articulates the legal standard set forth in Graham v. Conner, 490 U.S. 386 (1989) and in so doing takes on a role reserved exclusively for the Court. … Candies can qualify as an expert without prior expert testimony.

721 Bourbon, Inc. v. Willie's Chicken Shack, LLC

District Court, E.D. Louisiana · Feb 6, 2020

This doctrine was established by two 20 Gines v. D.R. … judicial bodies,31 does not qualify for Noerr-Pennington immunity “if it is a mere sham to cover an attempt to interfere directly with the business relationships of a competitor.”32 The sham exception applies in this

Doe v. Armour Pharmaceutical Co.

837 F. Supp. 178 · District Court, E.D. Louisiana · Sep 21, 1993

Andes and Tulane qualify as health care providers under the Louisiana Medical Malpractice Act. … Clearly, a state court’s sustaining of a dilatory exception of prematurity would amount to a non-voluntary dismissal of the medical defendants.

Belanger v. Keydril Co.

596 F. Supp. 823 · District Court, E.D. Louisiana · Oct 23, 1984

If the plaintiff establishes a prima facie case, a presumption that the employer discriminated arises. … Bohrer cannot be read as overruling the dual requirement established in Reeves .

Authenment v. Ingram Barge Co.

878 F. Supp. 2d 672 · District Court, E.D. Louisiana · Jul 13, 2012

Whether the Rules Clearly Address Whether a Non-Signatory May be Bound to Arbitrate The Court finds that West of England’s Rules prior to 1989 did not clearly address whether a non-signatory may be bound to arbitrate. … As amended in 1989, however, the Rules clearly contemplated binding a non-signatory to arbitration.