Case law

Brown v. LeBlanc

District Court, E.D. Louisiana · Aug 31, 2020

state procedure, deprived him of his rights, privileges, or immunities secured by the Constitution or laws of the United States.” … Cleveland “ʻ… refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard

United States v. State of La.

811 F. Supp. 1151 · District Court, E.D. Louisiana · Jan 20, 1993

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

Parker v. Louisiana Department of Health

District Court, E.D. Louisiana · Apr 30, 2024

Under this section, applicants are deemed “Qualified Individuals” if they would otherwise be qualified Medicare beneficiaries “but for the fact that their income exceeds the income level established by the State … Therefore, Plaintiff was over the monthly income limit of $1,641 for a household of one.33 Indeed, the LMEM instructs that, to establish need as a Qualified

G&G Closed Circuit Events, LLC v. LARAS A&E LLC

District Court, E.D. Louisiana · May 13, 2025

Prive Corporation, asking whether: (1) material issues of fact remain; (2) there has been substantial prejudice; (3) the grounds for default are clearly established; (4) the default was caused by a good faith mistake or … Merritt, 2013-1085 (La. 12/10/13), 130 So. 3d 888, 900-02 (finding that Louisiana law’s “negligent or wrongful” exception to LLC members’ immunity, LA. STAT.

Costanza v. Tchefuncte Harbour Ass'n

31 F. Supp. 3d 849 · District Court, E.D. Louisiana · Jul 14, 2014

The plaintiff is clearly frustrated. … To establish § 1983 liability, the plaintiff must satisfy three elements: (1) deprivation of a right secured by the U.S.

Salaverria v. Orange County

District Court, E.D. Louisiana · Apr 23, 2025

“‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … ADA Claim Plaintiff appears to allege that unnamed private individuals and local law enforcement of Orange County violated Title II of the ADA because he is an AIDS survivor.49 That section provides that “no qualified

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).

Lewis v. Lopinto

District Court, E.D. Louisiana · Jun 26, 2023

The police report clearly shows that Det. Adams allowed Wilfred Garrison to conduct his own investigation, presenting the evidence he came up with to Det. Adams. … Moreover, with respect to conspiracies such as the one alleged here, the United States Fifth Circuit Court of Appeals has explained: It is well-established that “a private party does

Laitram Machinery, Inc. v. Carnitech A/S

884 F. Supp. 1074 · District Court, E.D. Louisiana · Apr 24, 1995

The Fifth Circuit has established the necessary elements to establish a Lanham Act violation. … “[I]t appears that Laitram was attempting to ‘launder’ its ’794 patent which whs probably unenforceable due to Laitram’s failure to disclose the Ellis-Brown technology, which was clearly highly material.” (Report of Dr.

Obioha v. AIG Property Casualty Company

District Court, E.D. Louisiana · Sep 5, 2024

This shall not be interpreted as establishing that these individuals are, in fact, experts. … The Court believes that Cook is sufficiently qualified to provide an expert opinion in roofing.

Johnson v. Cain

68 F. Supp. 3d 593 · District Court, E.D. Louisiana · Dec 18, 2014

A deficient jury instruction deprives the defendant of his right to a jury trial, and as such “unquestionably qualifies as structural error” warranting relief. … Even where the evidence demonstrates a probability of guilt, yet if it does not establish it beyond a reasonable doubt, you must acquit the accused.

Whitfield v. Torch Operating Co.

935 F. Supp. 822 · District Court, E.D. Louisiana · Mar 29, 1996

This establishes the intended beneficiaries. … Clearly, then, TOC established an unwritten plan to provide severance benefits to involuntarily terminated employees under the applicable law.

Carson

District Court, E.D. Louisiana · Sep 15, 2025

She also claims that she has been “refused pauper forms” by the mail room.6 Inmates clearly have a constitutional right of access to the courts, and that right extends to pretrial detainees. … that an inmate must establish actual injury to state a claim for denial of her right of access to the courts.

Karl Senner, Inc. v. M/V ACADIAN VALOR

485 F. Supp. 287 · District Court, E.D. Louisiana · Feb 1, 1980

is whether admiralty is so unique that Rule C, in its application to the facts of this case, should stand despite its failure to comply with the due process standard applicable to cases involving the seizure of property established … Property, simply because it is movable, possesses no inherent characteristics which immunize it from due process. 13 To hold otherwise would invite distinctions which the Supreme Court has consistently refused to recognize

Will v. Cain

629 F. Supp. 2d 577 · District Court, E.D. Louisiana · Jul 24, 2007

The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and we stressed in Williams [v. … In this instance, the trial court’s conclusion that the failure to convey a plea offer can be construed as a “strategic choice” or a “trial tactics” is an unreasonable application of clearly established Federal law.

Montgomery, Jr. - Adams-II v. Anderson

District Court, E.D. Louisiana · Aug 4, 2025

Those claims are clearly barred by the settlement agreement and must be dismissed. … Pa. 2003) (“Clearly [plaintiff] cannot recover twice for his legal fees.”); Miller v. Mgmt. & Training Corp., 2021 WL 4437596, at *18 (S.D. Miss.

Foster v. Principal Life Ins. Co.

303 F. Supp. 3d 471 · District Court, E.D. Louisiana · Mar 19, 2018

Thus, Plaintiff has made no argument that this evidence was "newly discovered" pursuant to Rule 59(e) and has not "clearly established" that reconsideration is warranted. 102 Moreover, Foster has not shown that consideration … the subjective complaints, and that it was solely the job of the administrator to weigh those complaints against other valid, conflicting medical opinions. 121 Therefore, the Fifth Circuit determined that "given the three qualified

Kimble v. Connick

District Court, E.D. Louisiana · Feb 29, 2024

probable cause.3 The Magistrate Judge recommends that all of the Section 1983 claims be dismissed, subject to the right of Plaintiff to file an amended complaint against DA Connick setting forth the necessary elements to establish … arguable basis in law if “it is based on indisputable meritless legal theory.”60 It lacks a basis in facts if “the facts alleged are clearly baseless.”61 If a court finds a prisoner’s claims are frivolous, the court must

Alta Vista Productions, LLC v. St. Paul Fire & Marine Insurance

796 F. Supp. 2d 782 · District Court, E.D. Louisiana · Jun 21, 2011

If the moving party meets the initial burden of establishing that there is no genuine issue, the burden shifts to the non-moving party to produce evidence of the existence of a genuine issue for trial. Celotex Corp. v. … This language clearly demonstrates that, when entering into the insurance contract, the parties anticipated that there are situations where a claim might arise due to a unpredictable health issue.

Chaverri v. Dole Food Co.

896 F. Supp. 2d 556 · District Court, E.D. Louisiana · Sep 17, 2012

The nonmovant may not rest upon the pleadings, but must identify *567 specific facts that establish a genuine issue for trial. See, e.g., id. at 325, 106 S.Ct. 2548 ; Little, 37 F.3d at 1075 . B. … As such, the Court finds that all Plaintiffs’ claims are clearly beyond the one-year prescriptive period set forth in article 3492 *568 and, therefore, are prescribed on their face.