Case law

Tulley v. Ethyl Corp.

678 F. Supp. 614 · District Court, M.D. Louisiana · Nov 6, 1987

Quite clearly, subparagraph (c)(1) continues to treat only pension plans which provide for early retirement. … This provision clearly mandates a death benefit in the form of a qualified joint and survivor annuity.

Dorosan v. Stewart

District Court, M.D. Louisiana · Sep 27, 2019

Additionally, Defendants have asserted the defense of qualified immunity. … the defense of qualified immunity.

Fetty v. City of Baton Rouge

District Court, M.D. Louisiana · Feb 19, 2021

Qualified Immunity Because qualified immunity is “an immunity from suit rather than a mere defense to liability, ... it is effectively lost if a case is erroneously permitted … , whether the officer's actions were objectively reasonable in light of clearly established law at the time of the alleged misconduct.78 A court may begin its analysis of qualified immunity with either prong.79 At

Wright v. Smith

District Court, M.D. Louisiana · Jul 11, 2019

Second, the district court looks to whether the rights allegedly violated were clearly established. Id. … Once a defendant pleads qualified immunity, the burden shifts to the plaintiff, who “must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and that genuine

Mincey v. Dow Chemical Co.

217 F. Supp. 2d 737 · District Court, M.D. Louisiana · Mar 15, 2002

However, even if one assumed that plaintiffs fibromyalgia qualifies as a disability protected by the ADA, in order to prevail on this claim plaintiff must also establish that she is a qualified individual for the job in question … The summary judgment evidence herein clearly, indicates that plaintiffs position at Dow was one which required her regular attendance at work.

Carter, Jr. v. Point Coupee Parish Sheriff's Department

District Court, M.D. Louisiana · Mar 3, 2020

The qualified immunity defense affords government officials not just immunity from liability, but immunity from suit.” Vander Zee v. Reno, 73 F.3d 1365, 1368 (5th Cir. 1996) (citing Mitchell v. … Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Dupont v. Kember

501 F. Supp. 1081 · District Court, M.D. Louisiana · Nov 14, 1980

it may establish, increase or decrease compensation. … The act may be invalid in whole or in part, under the Louisiana Constitution, as plaintiffs claim, but clearly Elrod does not make it so.

Gibson v. United States

44 F. Supp. 3d 652 · District Court, M.D. Louisiana · Sep 3, 2014

Discretionary Function Exception As the sovereign, the United States is immune from suit, except to the extent that it has waived its immunity and has consented to be sued. 29 The FTCA acts as a limited waiver of sovereign … strictly construe waivers of sovereign immunity and resolve all ambiguities in favor of the sovereign. 31 Under the discretionary function exception, the waiver of immunity does not apply to any claim “based upon the exercise

McAllister v. Federal Savings & Loan Insurance

709 F. Supp. 697 · District Court, M.D. Louisiana · Mar 27, 1989

(b) Qualifying joint accounts. … Clearly this is not the intent of § 564.9.

Pate v. Adell Compounding, Inc.

970 F. Supp. 542 · District Court, M.D. Louisiana · Jul 14, 1997

R.S. 23:1, et seq, which grants immunity from tort liability to the employer. … In this opinion, the Court discussed the trend of lawyers who attempt to avoid statutory tort immunity in industrial accidents.

Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co.

307 F. Supp. 3d 535 · District Court, M.D. Louisiana · Mar 9, 2018

The fact Plaintiffs' work benefitted Harang Sugars' business enterprise does not establish a contract, express or implied. … The Court's conclusion is strengthened by its finding that the most important of these, the right of control, clearly militates against borrowed servant status.

Spears v. Louisiana Department of Public Safety & Corrections

2 F. Supp. 3d 873 · District Court, M.D. Louisiana · Mar 7, 2014

Clearly, the Defendant cannot carry this burden. There is a genuine issue of material fact as to whether the basis for the Defendant’s termination, ie., that he lied in his certification, is valid. … The Plaintiff clearly suffered an adverse employment action since he was terminated.

Keith v. Louisiana Department of Education

553 F. Supp. 295 · District Court, M.D. Louisiana · Dec 20, 1982

The plaintiff is seeking to establish a defense against a cause of action which the declaratory defendant may assert in the Utah courts. … In its decisions, the United States Supreme Court has clearly stated that the language in the complaint and not the answer determines whether the federal court has federal jurisdiction. Thus, in State of Tennessee v.

Marlowe v. LeBlanc

District Court, M.D. Louisiana · Oct 26, 2020

a) Qualified Immunity Standard “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that … was clearly established at the time of the challenged conduct.”

Harrison v. Ethyl Corp.

823 F. Supp. 397 · District Court, M.D. Louisiana · May 6, 1993

If the principal is the statutory employer, plaintiffs exclusive remedy for work-related injuries is worker’s compensation and the principal is immune from tort liability. La.R.S. 23:1032. … It is also undisputed that EMI performed a variety of tasks for defendant and that some of these tasks clearly fall within defendant’s trade while others do not.

Taylor v. City of Baton Rouge

39 F. Supp. 3d 807 · District Court, M.D. Louisiana · Aug 25, 2014

Third, the grounds for default judgment against Defendants are clearly established, as outlined by the Court above. … Whether Defendants are entitled to qualified immunity, as urged by Defendants in their memorandum in opposition to the instant motion, is more appropriately argued in a Rule 12 motion, and is irrelevant to the resolution

Overman v. City of East Baton Rouge

132 F. Supp. 3d 753 · District Court, M.D. Louisiana · Sep 22, 2015

Plaintiff essentially argued that her claim is supported by the fact that she is clearly better qualified than White, and that she was asked gender-based questions in the interviews before both committees and the Mayor. … But when a plaintiff is not relying on comparative qualifications alone to establish pretext, the plaintiff is not required to prove that she is clearly better qualified than the employee selected for the position.

McClanahan v. Wilson

District Court, M.D. Louisiana · Jul 31, 2019

Equally important, Defendants have asserted qualified immunity, and that must be determined by the jury. … Miss. 2013)(“qualified immunity only extends to the § 1983 claims for damages. . ..

JMCB, LLC v. Bd. of Commerce

336 F. Supp. 3d 620 · District Court, M.D. Louisiana · Aug 23, 2018

[A]s long as it qualifies as a 'manufacturing establishment' it must either be a 'new' facility or an 'addition to' an existing facility. … By granting a facility that did not qualify as a manufacturing establishment an industrial ad valorem tax exemption, the Board clearly exceeded it constitutional authority. The decision of the trial court is affirmed.

Fetty v. The Louisiana State Board of Private Security Examiners

District Court, M.D. Louisiana · Jul 8, 2019

“In determining whether an official enjoys immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official's actions … “ ‘Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Kisela v.