Case law

United States v. Sabine Towing & Transportation Co.

289 F. Supp. 250 · District Court, E.D. Louisiana · Jul 31, 1968

Those facts had also been established by the pleadings. … The sovereign is not bound by its legislative restrictions upon the exercise of remedial rights unless the legislative intent is expressly and clearly stated.

King v. Slidell City

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

authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly … The fact that King believes the alleged actions by others to be criminal is not sufficient to establish a constitutional wrong for which he is entitled to personal redress under § 1983.

Capaci v. Katz & Besthoff, Inc.

525 F. Supp. 317 · District Court, E.D. Louisiana · Oct 15, 1981

Her education — she had worked towards her doctorate at Columbia University — and her extensive work experience in the publishing business clearly supports K&B’s contention that she was in fact over qualified for the manager … Farmer did not make clear how often Capaci was locked out, and the claim that it was routine is not established.

Graham v. Milky Way Barges, Inc.

590 F. Supp. 721 · District Court, E.D. Louisiana · Jun 29, 1984

I doubt if either was clearly that categoric. Late that Thursday afternoon, the seas were in the range of 5 to 6 feet; the winds were in the 20 miles per hour range. … The responsibilities of a vessel owner operating under such an agreement are well established.

Leech v. 3M Co.

278 F. Supp. 3d 933 · District Court, E.D. Louisiana · Sep 30, 2017

established in the Fifth Circuit that service on all defendants, including the removing defendant, is not required prior to removal. 59 Morton Salt further argues that the rule of una- *940 niraity does not apply .to defendants … However, the “snap removal” cases where courts have remanded involved a forum defendant removing the ease before service of process - a practice, not only objectionable, but likely qualifying as absurd. 100 Those aren’t the

United States v. Clayton

646 F. Supp. 2d 827 · District Court, E.D. Louisiana · Aug 13, 2009

As such, because Clayton will necessarily not be working in order to qualify for his “retirement” benefits, this purpose is inapplicable to him, and those benefits should be garnished to their full amount. … This language clearly indicates that payment will commence immediately and continue through Clayton’s incarceration.

Bank of Louisiana v. Aetna U.S. Healthcare, Inc.

571 F. Supp. 2d 728 · District Court, E.D. Louisiana · Jul 31, 2008

The Gulf Nat’l court concluded that the policy was unambiguous and “clearly state[d] that claims must have been paid during the policy period to qualify for reimbursement.” Id. at 385 . … In this case, the Bank cannot establish a prima facie detrimental reliance claim because the Bank did not change its position in reliance on McMahon’s December 28, 2000 letter.

Vioxx Products Liability Litigation v. Merck & Co.

874 F. Supp. 2d 599 · District Court, E.D. Louisiana · Jun 13, 2012

Alleged injury to pecuniary or economic interests undoubtedly qualifies as a concrete and particularized injury in fact for standing purposes. See, e.g., Cole v. Gen. Motors Corp., 484 F.3d 717, 723 (5th Cir.2007). … It is enough to note that the same pleading deficiencies that fail to establish Article III standing would likely pose an obstacle to establishing a consumer-merchant transaction between Plaintiff and Merck.

Board of Supervisors of La. State v. Smack Apparel Co.

438 F. Supp. 2d 653 · District Court, E.D. Louisiana · Jul 18, 2006

Section 43(a) of the Lanham Act “protects qualifying unregistered trademarks,” and “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether … The court finds that plaintiffs have established secondary meaning in their particular color schemes, logos, and designs.

United States v. Louisiana

811 F. Supp. 1151 · District Court, E.D. Louisiana · Dec 23, 1992

The remaining four-year state universities were established for whites only. … Moreover, the board shall establish a state-wide other race scholarship program.

ENSCO OFFSHORE CO. v. Salazar

786 F. Supp. 2d 1151 · District Court, E.D. Louisiana · Apr 6, 2011

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). … The Court has, in an earlier decision, denied the government's motion to dismiss Counts V *1160 and VI on sovereign immunity grounds, finding these claims were not time-barred because they offer an as-applied challenge based

Markle Interests, LLC v. United States Fish & Wildlife Service

40 F. Supp. 3d 744 · District Court, E.D. Louisiana · Aug 22, 2014

Hearsay evidence and unsworn documents that cannot be presented in a. form that would be admissible in evidence at trial do not qualify as competent opposing evidence. Martin v. John W. … Plaintiffs advance additional arguments that are clearly rebutted by defendants and, most critically, by the ESA’s mandate.

Federal Trade Commission v. National Business Consultants, Inc.

781 F. Supp. 1136 · District Court, E.D. Louisiana · Nov 8, 1991

It was only when he filled out the evaluation with qualified affirmative answers to all questions that Namer allowed him to turn it in. (Defendants’ Exhibit 13-3.) … In the second place, the Court finds that 16 CFR 436.2 clearly delineates the businesses covered by the Franchise Rule.

Martin v. Spring Break '83 Production, LLC

797 F. Supp. 2d 719 · District Court, E.D. Louisiana · Jun 24, 2011

Instead, the record clearly establishes that Spring Break Louisiana employed Plaintiffs, and the parties disagree over whether other Defendants also acted as employers of Plaintiffs during the production of the movie. … Furthermore, unlike Reich, where it is unclear whether the alleged employer’s consulting contract made the individual an employee of the club, in this case, the record clearly establishes that the individual Defendants were

United States ex rel. Mullen v. Henderson

312 F. Supp. 1363 · District Court, E.D. Louisiana · May 15, 1970

Our problem is to decide whether the Constitution permits the establishment of such a death penalty, applicable only to those defendants who assert the right to contest their guilt before a jury. … Under Louisiana law, whoever commits the crime of murder shall be punished by death, LSA-R.S. 14:30, except that the jury may qualify its verdict of guilty with the words “without capital punishment” in which case the punishment

Dennis v. Central Gulf Steamship Corporation

323 F. Supp. 943 · District Court, E.D. Louisiana · Feb 4, 1971

Indeed, a qualified naval architect testified that the ladder presented an unusual and unsafe condition, and that he had never gone down a ladder with this type of construction during his entire experience as a mate, naval … The medical records and the X-ray report clearly show that Dennis had a right frontal skull fracture. The hospital record does not indicate that he had any type of injury to the back of his head.

Harrison v. John W. Stone Oil Distributors, LLC

District Court, E.D. Louisiana · Aug 6, 2025

That is because Harrison lacks evidence creating a genuine dispute that (A) he was clearly better qualified that any of the three white employees chosen over him for the Steersman Program; or (B) Stone Oil’s legitimate … The qualifications of employees selected in September 2022 have no bearing on whether Harrison was clearly better qualified than the employees selected for the Steersman Program in September 2021.

Murungi v. Texas Guaranteed

693 F. Supp. 2d 597 · District Court, E.D. Louisiana · Feb 18, 2010

The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for trial. … The parties do not dispute that Murungi’s consolidated loan is a qualifying FFELP loan. DOE has promulgated detailed regulations implementing the FFELP and governing the actions of guaranty agencies.

Harris v. Louisiana State

District Court, E.D. Louisiana · May 2, 2025

court “must sua sponte dismiss [the case] at any time if it determines that the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … CONCLUSION Plaintiffs have established their inability to pay fees under 28 U.S.C. § 1915(a)(1).

Kori Corp. v. Wilco Marsh Buggies & Draglines, Inc.

561 F. Supp. 512 · District Court, E.D. Louisiana · Aug 30, 1982

The defendants bear a heavy burden of proof to establish the invalidity or unenforceability of the Rivet ’785 patent. … There has been no testimony in this case demonstrating that the defendants sought the advice of a qualified patent attorney before infringing upon the Rivet ’785 patent.