Case 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.

LaBauve v. Louisiana Wildlife & Fisheries Commission

444 F. Supp. 1370 · District Court, E.D. Louisiana · Jan 5, 1978

A criminal prosecution in that case would clearly establish whether the types of nets used by those plaintiffs were or were not proscribed. … ‘No citizen or member of the community is immune from prosecution, in good faith, for his alleged criminal acts.

Louisiana & Arkansas Railway Co. v. Export Drum Co.

228 F. Supp. 89 · District Court, E.D. Louisiana · Apr 2, 1964

There being no> published routings, neither Knoxville nor Nashville could qualify for the lower rate. The testimony of Mr. Stanard ins no way contradicts Mr. … Thus, both Tariff 1016 K and the foregoing provisions of Tariff 1038-R clearly contemplate that the destination point of the rail shipment must be the same as the “transit port of exit”.

Gerasta v. Hibernia National Bank

411 F. Supp. 176 · District Court, E.D. Louisiana · Feb 23, 1976

JURISDICTION The provisions of the Act apply to and our jurisdiction depends upon an extension of credit, wherein the underlying transaction qualifies as a consumer credit transaction and not one for “business or commercial … Although she clearly recalls her Friday schedule, incredibly, the witness was hard pressed to remember her schedule on other days of the week. Further, Mrs.

Huber v. Blue Cross and Blue Shield of Florida, Inc.

District Court, E.D. Louisiana · Mar 17, 2021

Alternatively, BCBS seeks summary judgment, arguing that plaintiff cannot establish that she was a qualified individual under the ADA or LEDL, and could not perform the essential functions of her position, because she used … BCBS has moved for summary judgment, contending that Huber cannot establish that she was a qualified individual under the ADA or LEDL, and that she could not perform the essential functions of her position.

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

Nixon v. Larpenter

District Court, E.D. Louisiana · Jul 15, 2019

Any physician so appointed shall be licensed as provided in R.S. 37:1271 and shall be a qualified health care provider in accordance with R.S. 40:1231.2. B. … TPCG is also entitled to immunity from Plaintiff’s state law claims under R.S. 15:703.

Rosen v. Louisiana State Board of Medical Examiners

318 F. Supp. 1217 · District Court, E.D. Louisiana · Aug 7, 1970

This protection is qualified. … Finally, why is the woman who aborts herself immune?

Smith v. Fonitno

District Court, E.D. Louisiana · Nov 4, 2024

However, that is clearly improper, because “[n]umerous cases have held that an inmate is not a state actor or a person acting under the color of state law for purposes of stating a claim under § 1983.” Goodell v. … Nov. 10, 2020) (“Because Simon fails to allege facts establishing that the inmate trusty workers are state actors, his § 1983 claims against them have no basis in federal law, and are therefore frivolous.”), adopted, 2021

Parker

District Court, E.D. Louisiana · Sep 24, 2025

the complaint alleges the violation of a legal interest which clearly does not exist.”4 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . … action against an entity of which an officer is an agent.”36 Because Sheriffs are the keepers of parish jails and the final policymakers with respect to jail management, Sheriff Hutson in her official capacity would qualify

Cambre v. Hooper

District Court, E.D. Louisiana · Jul 31, 2024

Based on its own review, the Court finds that the state court’s decision denying relief was not contrary to and did not involve an unreasonable application of clearly established law. … established law.

Aucoin v. Kennedy

355 F. Supp. 2d 830 · District Court, E.D. Louisiana · Jul 26, 2004

As a general proposition, it is well established that “the scope of an EEOC complaint should not be strictly interpreted.” … Section 1983 provides a remedy only for deprivations of rights, privileges, or immunities “secured by the Constitution and laws.”

Breaud v. Cantrell

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

Martin filed a first Motion to Dismiss Pursuant to Rule 12(c) and for Qualified Immunity.25 On March 27, 2025, this Court granted Breaud leave to file an Amended Complaint.26 The Amended Complaint withdrew all allegations … Whether Defendants Have Established that a Stay is Warranted 1.

Asante-Chioke

District Court, E.D. Louisiana · Jan 5, 2026

LSP Defendants agree, and they also argue that such a characterization is an established fact. (Rec. Doc. 218, at 16). … In the qualified immunity context, whether Mr. Asante-Chioke was a threat is relevant to the objective reasonableness of the force used by the shooting officers.

Frank v. Shell Oil Co.

828 F. Supp. 2d 835 · District Court, E.D. Louisiana · Oct 31, 2011

However, “[w]hen a complaint reveals on its face that the prescriptive period has lapsed, the plaintiff bears the burden of establishing a suspension or interruption of the prescriptive period.” Bartucci v. … In response, Plaintiff argues the document is clearly labeled as a Shell document and was sent to numerous Shell staff.

Simmons v. Serenity Outreach Center, LLC

District Court, E.D. Louisiana · Nov 13, 2023

LHC Group, Inc., 773 F.3d 688, 697 (5th Cir. 2014) (“To establish a prima facie discrimination claim under the ADA, a plaintiff must prove . . . that [s]he was qualified for the job.” … See Moss, 851 F.3d at 417-18 (affirming district court’s grant of summary judgment dismissing Title I ADA claim when plaintiff failed to establish that he was qualified for the job at the 27 R.

Roberts v. American Bank & Trust Co.

835 F. Supp. 2d 183 · District Court, E.D. Louisiana · Dec 21, 2011

Clearly this result was not the intended purpose of the provisions of TILA. … Clearly, there is nothing fraudulent or anticompetitive about this allegation.

United States ex rel. Branch Consultants, L.L.C. v. Allstate Insurance

668 F. Supp. 2d 780 · District Court, E.D. Louisiana · Oct 19, 2009

In order to qualify for original-source status, a relator must pass a two-part test. … Plaintiffs complaint, however, states very clearly: “Prior to filing this action, Branch voluntarily disclosed to the Government the information forming the basis of this Complaint pursuant to 31 U.S.C. § 3730 (e)(4)(B).”

Flanks

District Court, E.D. Louisiana · Dec 31, 2025

(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.36 Pursuant to Federal Rule of Evidence 702, a witness who is qualified … persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity

Normand v. Cox Communications, LLC

848 F. Supp. 2d 619 · District Court, E.D. Louisiana · Jan 30, 2012

Indeed, while the Supreme Court did not clearly define the contours of the comity doctrine in Levin, it delineated several factors that compel federal abstention here. … LEXIS 91580 (S.D.N.Y.2010), aff'd, 659 F.3d 215 (2d Cir.2011) (Privileges and Immunities *627 Clause challenge); Swift Frame v. City of San Diego, 2011 WL 4381711 , 2011 U.S. Dist.