Case law

Robicheaux v. Caldwell

2 F. Supp. 3d 910 · District Court, E.D. Louisiana · Sep 3, 2014

To establish a substantive due process violation, the aggrieved person must describe the infringed right with particularity and must establish it as “deeply rooted in this Nation’s history and tradition.” … Clearly, many other courts will have an opportunity to take up the issue of same-sex marriage; courts of appeals and, at some point, the U.S. Supreme Court.

Wagoner v. Exxon Mobil Corp.

832 F. Supp. 2d 664 · District Court, E.D. Louisiana · Jun 3, 2011

That provision states that “if a *668 requirement is established” with respect to a banned hazardous substance, “no State ... may establish or continue in effect a requirement applicable to such substance ... unless such … requirement is identical to the requirement established [under the act].”

Danos v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Mar 31, 2021

United Technologies Corp., 487 U.S. 500 (1988); (2) derivative sovereign immunity under Yearsley v. W.A. … Thus, Defendants have sufficiently established the conditions for federal officer removal under Section 1442(a). IT IS ORDERED that Plaintiffs’ motion to remand‘! is DENIED.

Weiser v. Castille

District Court, E.D. Louisiana · Oct 14, 2022

Alternatively, they seek summary judgment that plaintiff lacks evidence to support necessary elements of her claims, and further, that she cannot overcome a qualified immunity defense. … In opposition, plaintiff argues that the Rooker-Feldman and qualified immunity do not apply. II. DISCUSSION A.

Digicourse, Inc. v. Ama Distributors, Inc.

629 F. Supp. 1310 · District Court, E.D. Louisiana · May 21, 1984

The term “view-limiting shield means” is qualified by two restrictive clauses: (1) the “so that” clause and (2) the “thereby” clause. … Claim 1(c) clearly states that “the viewing must be restricted to less than 90° relative to the plane of said display”.

United States v. Morvant

898 F. Supp. 1157 · District Court, E.D. Louisiana · Mar 23, 1995

If the Government succeeds in establishing this 'prima fa-cie case, the burden shifts to Morvant to prove either that the subject persons were not denied medical treatment, or that such denial was not unlawful. … It is undisputed that Morvant and his staff were eminently qualified to clean teeth, indeed Morvant had been doing so with respect to Pena for 11 *1163 years.

Moree v. Chevron Pipeline Company

District Court, E.D. Louisiana · Apr 16, 2024

Thus, to prevail on a motion under Rule 59(e), the movant must clearly establish at least one of four factors: (1) the motion is necessary to correct a manifest error of law, (2) the movant presents newly discovered or … Plaintiffs have not established any of the four factors required for reconsideration.

Yarbrough v. Swift

District Court, E.D. Louisiana · Nov 4, 2019

immunity and 12 Rec. … Kellar’s qualified immunity.19 On July 8, 2019, Cloos, the last remaining defendant in this case, filed the instant motion to dismiss.20 On July 26, 2019, the Court granted

In re Oil Spill by the Oil Rig "Deepwater Horizon"

902 F. Supp. 2d 808 · District Court, E.D. Louisiana · Oct 1, 2012

Although a monetary payment may qualify as “property” in some legal contexts, it does not qualify as property under Subsection (B) given that it is not capable of being “injured” or “destroyed” by oil *826 pollution. … All income that a claimant received as a result of the incident must be clearly indicated and any saved overhead and other normal expenses not incurred as a result of the incident must be established.

Bieller v. Atlantic Specialty Insurance Co.

232 F. Supp. 3d 928 · District Court, E.D. Louisiana · Feb 7, 2017

Further, the name “Debbie Jo Taylor” is clearly printed below the signature of Debbie Taylor; the policy number is pre-printed as 791000777; and the date is handwritten as “6-30-14.” Id. Ms. … Taylor’s deposition testimony and subsequent affidavit also establish that all of these form requirements were satisfied. Rec. Docs. 22-2 at 2-4; 22-3 at ¶ 6.

Ruiz

District Court, E.D. Louisiana · Oct 14, 2025

[E&E Machine] specifically waives any immunity provided against this indemnity by an industrial insurance or workers’ compensation statute. R. … Stated otherwise, it clearly does not provide for defense and indemnity for Weeks Marine’s own negligence.

Lucas v. Boh Bros. Construction Co., L.L.C.

District Court, E.D. Louisiana · Jan 13, 2020

Page 2 of 6 To qualify for removal under § 1442(a)(1), the removing defendant must show (1) that it is a person within the meaning of the statute, (2) that it has a colorable federal … The specific federal defense alleged in the notice of removal is the doctrine of government contractor immunity established in Boyle v.

Dixon v. Youngblood

District Court, E.D. Louisiana · Sep 23, 2021

If so, those statements are clearly protected under Texas’s absolute privilege for judicial proceedings. … Cooper, 414 So. 2d 355, 359 (La. 1982) (“The defense of qualified privilege presents a more difficult problem.

United States Ex. Rel. Garibaldi v. Orleans Parish School Board

21 F. Supp. 2d 607 · District Court, E.D. Louisiana · Sep 22, 1998

The audit reports written by Garibaldi were clearly not “administrative” reports or audits within the meaning of the statute. … The court finds that Garibaldi has established a prima facie showing as to all three elements -of his retaliation claim.

Travelers Indemnity Co. v. Gulf Weighing Corp.

352 F. Supp. 335 · District Court, E.D. Louisiana · Dec 7, 1972

Captain Beyer was a qualified boat captain and mechanic who worked at the Battistella Marina. … Clearly, he had no authority to charter the vessel on behalf of Gulf Weighing.

In re the Complaint of Antill Pipeline Construction Co.

866 F. Supp. 2d 563 · District Court, E.D. Louisiana · Dec 5, 2011

While Yamaha would potentially allow for a plaintiff to supplement the remedies available under federal maritime law with state law remedies to allow for additional recovery, it can not be read to allow a defendant to be immunized … Thus, unlike the state statute in Miller , the Louisiana statute is clearly “outcome determinative.” Furthermore, the doc *569 trine of comparative fault is firmly established within maritime law.

Johnson-Luster v. Secretary of the Army

District Court, E.D. Louisiana · Mar 14, 2022

To establish a case of discrimination under the burden-shifting framework, “an employee must demonstrate that she ‘(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged … prima facie As noted above, a plaintiff establishes a case of discrimination by demonstrating that: (1) she suffers from a disability and is qualified for the job; (2) she was subject

Jenkins v. Aries Marine Corp.

554 F. Supp. 2d 635 · District Court, E.D. Louisiana · Apr 30, 2008

To establish seaman status under the Jones Act, a plaintiff has to show he: 1) had a connection to a vessel or fleet of vessels that is substantial in terms of both duration and nature; and 2) his duties contributed to the … A “worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act.” Chandris, Inc. v.

Block v. New York Times Co.

200 F. Supp. 3d 637 · District Court, E.D. Louisiana · Aug 3, 2016

Finally, Block has not, and cannot, demonstrate that the Fifth Circuit’s decision was clearly erroneous. See Matthews, 312 F.3d at 657 . … Whether the statements are defamatory In Louisiana, a statement can either qualify as defamatory per se or as *647 susceptible of defamatory meaning when taken in context. Wood , 974 -So.2d at 99.

Dyer v. New Orleans City

District Court, E.D. Louisiana · Dec 20, 2024

In opposition, Dyer argues merely that “numerous incidents” alleged in his Complaint besides the EEOC charge qualify as protected activities. … Defendants also attach the letter of reprimand itself, which clearly outlines the conduct at issue and the charged rule violation.