Case law

Chapa v. Louisiana State

District Court, E.D. Louisiana · Mar 29, 2021

Plaintiff’s motion could only qualify as a motion to vacate under Rule 60(b)(1), “mistake, inadvertence, surprise, or excusable neglect,” or 60(b)(6), “any other reason that justifies relief … However, plaintiff has not established that this neglect was excusable, instead conceding only that he is “absolutely unable to represent [him]self.” Id.

Seals v. Shell Oil Co.

12 F. Supp. 3d 890 · District Court, E.D. Louisiana · Mar 31, 2014

that he maintains a cause of action in maritime tort.” 48 Shell reiterates that “courts have clearly established that spars such as the PERDIDO, are platforms,” and thus, there is no vessel negligence because there was no … Plaintiff, in contrast, argues that the Fast Rescue Craft does qualify as a vessel, that the Fast Rescue Craft was in navigable water by virtue of it being “moored” to the platform, and, finally, that Plaintiff was aboard

Walsh v. Louisiana High School Athletic Ass'n

428 F. Supp. 1261 · District Court, E.D. Louisiana · Mar 17, 1977

The testimony in this case has established that athletic competition is important to some of the children of the plaintiffs. … But the EEOC’s standard clearly chooses the one over the other. In so doing, it misconceives not only Title VII but the delicate balance between the free exercise of religion and the operation of a secular society.

Small Business Loan Source, Inc. v. F/V St. Mary II, Official No. 1121027

361 F. Supp. 2d 570 · District Court, E.D. Louisiana · Mar 15, 2005

Accordingly, long-standing judicial precedent recognizes that credit bids qualify as the required receipt and pay over of money under section 1921 and therefore entitle the Marshal to a commission. See U.S. v. … Congress clearly intended the USMS to receive a commission on transactions that effect a setoff *575 because section 1921 explicitly provides for a commission when the transaction takes place by setoff.

Gibbs v. Lopinto

District Court, E.D. Louisiana · May 3, 2023

immunity under the United States Constitution and La. … LeDuff does not qualify as an expert with sufficient scientific knowledge or experience in this case, pointing out that Mr.

Adams v. Eagle, Inc.

District Court, E.D. Louisiana · Sep 2, 2022

, 851 F.2d recognized that “the government contractor defense could be asserted in failure to warn cases.”86 In more recent years, the Fifth Circuit clearly … Yearsley immunity is not a defense to Plaintiff’s claims. Plaintiff also seeks summary judgment that Avondale is not entitled to Yearsley derivative sovereign immunity.129 Yearsley v. W.A.

Stansbury v. McCarty Corporation

District Court, E.D. Louisiana · Oct 4, 2022

Have defendants established a colorable federal defense? … Apr. 12, 2007) (remanding because “neither immunity under the ‘Government Contractors Defense’ nor immunity under the Longshore Harbor Workers Compensation Act provide Defendants

Rhodes v. Bryan Chevrolet, LLC

District Court, E.D. Louisiana · Oct 3, 2023

Hiring a Less Qualified Candidate Rhodes also attempts to prove pretext by alleging that he was “clearly better qualified” than Gullo.82 “The ‘bar,’ however, ‘is set high for this kind … Instead, he must show that his replacement, if any, is clearly less qualified.

Orleans Materials & Equipment Co. v. Isthmian Lines, Inc.

213 F. Supp. 325 · District Court, E.D. Louisiana · Jan 8, 1963

To present a federal question, the decision of the case must directly affect, or derive its power from, a federal statute. 7 In the words of Justice Cardozo, “The right or immunity must be such that it will be supported if … Section 18 of the Shipping Act (46 U.S.O.A. § 817) requires that the common carrier establish, observe and enforce just and reasonable rates. . United States Navigation Co. v.

Bourgeois v. Pennsylvania General Insurance Company

District Court, E.D. Louisiana · Jul 9, 2025

Bourgeois’ alleged exposure to asbestos occurring on or after September 1, 1975 because (i) there are no genuine issues of material fact, and (ii) Avondale is immune from these claims under the Louisiana Workers’ Compensation … P. 56(e), on the basis that each unopposed motion, in conjunction with the supporting material attached to it and the record as a whole, establishes that there is no genuine issue as to any material fact and that the moving

Breaux v. Assumption Parish School Board

District Court, E.D. Louisiana · Nov 30, 2021

immunity, as Couvillion “cannot assert that he has qualified immunity to intentionally infringe upon [] Breaux’s constitutional right to earn a livelihood, pursue her career as principal within the Assumption Parish … “[T]o prevail on a claim for intentional interference with contract, a plaintiff must establish: ‘(1) the existence of a contract or a legally protected interest between the plaintiff and the corporation; (2) the corporate

USEEOC v. EI DuPont 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).

Robichaux v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · May 17, 2022

Aug. 26, 1992) (“Clearly the answer to interrogatory which triggered the filing of the notice of removal in this case is such an ‘other paper.’”) ; See also S.W.S. … First, Avondale raises the federal defense of government contractor immunity established by Boyle v. United Techs.

Smith v. Johnson

458 F. Supp. 289 · District Court, E.D. Louisiana · Sep 11, 1977

Art. 933, which provides: Except where the context clearly indicates otherwise, as used in this Code: * * * * * * (2) ‘Capital offense’ means an offense that may be punished by death. … But there is no indication that the jury qualified its verdict pursuant to Article 817 in Whatley , nor that the Supreme Court relied on that Article in reaching its decision.

Gulf Coast Facilities Management, L.L.C. v. BG LNG Services, L.L.C.

730 F. Supp. 2d 552 · District Court, E.D. Louisiana · Sep 8, 2010

broker, or a corporation, partnership, or limited liability company which has been granted a real estate license through a designated qualifying broker. … Thus, Louisiana law clearly provides BG a theory of recovery. Accordingly, the defendants’ motion is GRANTED and the plaintiffs motion is DENIED.

Jones v. State Farm Fire & Casualty Co.

677 F. Supp. 2d 923 · District Court, E.D. Louisiana · Aug 21, 2009

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). … This general principle, of course, is subject to a limitation: A plaintiff whose property sustain^ damage from both flood and wind may clearly recover for his segregable wind and flood damages, except to the extent that he

United States v. State of Louisiana

265 F. Supp. 703 · District Court, E.D. Louisiana · Sep 20, 1966

An applicant need not have any particular eye color or employer in order to "qualify" to register. … To prohibit qualified persons from voting is both undemocratic and reprehensible.

McCurnin v. Kohlmeyer & Company

347 F. Supp. 573 · District Court, E.D. Louisiana · Aug 17, 1972

.; (C) wilfully to deceive or attempt to deceive such other person . . . . ” That section is clearly directed only toward wilful misconduct. … The authority is of course clearly to the contrary. Colonial Realty Corp. v. Bache & Co., 2d Cir. 1966, 358 F.2d 178 ; cf. Buttrey v.

Marsh Investment Corp. v. Langford

620 F. Supp. 880 · District Court, E.D. Louisiana · Aug 30, 1985

Gerson, 80 U.S. (13 Wall.) 379, 383 , 20 L.Ed. 627 (1871)). 7 The Bank’s conduct in this case clearly establishes that it had no right to rely on Langford’s representations of agency and authority, whether made fraudulently … Stassi, which was so qualified that it should have waved a sea of red flags indicating that additional investigation was necessary.” Id.

Shaw v. Garrison

293 F. Supp. 937 · District Court, E.D. Louisiana · Dec 9, 1968

“The remedy lies ultimately within the establishment where power and discretion reside. … The Court went on to say, “No person is immune from prosecution in good faith for his alleged criminal acts.