Case law

Charkhian v. National Environmental Testing, Inc.

907 F. Supp. 961 · District Court, M.D. Louisiana · Jul 24, 1995

against his employer and any coworkers for personal injuries sustained during the course and scope of employment is ordinarily limited to recovering workers’ compensation benefits rather than tort damages. 14 However, this immunity … The defendants’ claim of fraudulent joinder is clearly established on this claim. Finally, the Court finds that the plaintiffs’ claim for punitive damages does not require a remand of this case to state court.

LeBlanc v. Greater Baton Rouge Port Commission

676 F. Supp. 2d 460 · District Court, M.D. Louisiana · Nov 3, 2009

Other evidence in the record shows that the plaintiff was satisfactorily performing his job. 46 These facts clearly support a reasonable inference that at time of the plaintiffs discharge, the plaintiff was qualified for … Plaintiff did not specifically address these arguments, but clearly relied on evidence related to these events to support his claim of race discrimination.

Butler v. Louisiana State Penitentiary

District Court, M.D. Louisiana · Dec 2, 2024

Hooper and Sanders are vicariously liable in their official capacity for the actions of the employees of LSP and LDPSC.89 Plaintiffs’ Complaint, however, does not clearly … welfare and safety, and failed to respond to his cries for help as he was being bludgeoned.152 Plaintiffs further allege that, “given the decedent[sic], tormented state of mind at the hands of the defendants, he was clearly

Clevenger v. Chater

977 F. Supp. 776 · District Court, M.D. Louisiana · Jun 10, 1997

Sullivan, the court stated that the EAJA establishes a two step analysis for determining an appropriate hourly rate. … The language of the statute clearly contemplates the application of the lodestar method of calculating attorney’s fees.

Arledge v. Holnam, Inc.

957 F. Supp. 822 · District Court, M.D. Louisiana · Jul 12, 1996

Although Louisiana grants employers immunity from actions in tort brought by employees injured on the job, plaintiff claims Billiot v. B.P. Oil Co. 1 sets aside this immunity with respect to punitive damages. … the regulated activity, the court wrote: “The Commissioner stated specifically that the breach of contract constituted an unfair trade practice and looked to the language contained in the contract and the obligations it established

Gray v. City of Denham Springs

District Court, M.D. Louisiana · Mar 29, 2021

Defendants fail to properly assert a qualified immunity defense Generally, “adjudication of qualified immunity claims should occur at the earliest … Here, Defendants fail to provide any argument or authorities whatsoever to support application of qualified immunity at this stage.

Spoon v. Bayou Bridge Pipeline LLC

District Court, M.D. Louisiana · Jul 17, 2023

individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.”158 “A plaintiff seeking to overcome qualified immunity must show: ‘(1) that the official violated … a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’”159 Once qualified immunity is raised, “the burden shifts to the plaintiff to demonstrate the

Gilstrap v. SYNALLOY CORP., INDUS. PIPING SUPPLY CO.

409 F. Supp. 621 · District Court, M.D. Louisiana · Mar 15, 1976

It contends, however, that plaintiff’s duties while in its employ qualified him as an executive and/or administrative employee exempt from the provisions of the Act. The Court concludes that Mr. … Gilstrap’s case, these pertinent factors clearly indicate the applicability of the administrative exemption.

Clark v. Roemer

750 F. Supp. 200 · District Court, M.D. Louisiana · Nov 2, 1990

Although LULAC deals only *202 with trial (district) judges, its reasoning clearly extends to court of appeal judges as well. LULAC, which this court is now bound to follow, White v. … The Louisiana District Judges Association presented testimony to establish that incumbents and others already in the political arena would be ready to qualify for judicial offices if qualifying opened on October 3rd.

Mitchell v. University of Louisiana System

154 F. Supp. 3d 364 · District Court, M.D. Louisiana · Dec 30, 2015

First, Defendant argues that there is no prima facie case because the Plaintiff was not qualified. Second, the Defendant argues that, even if she were qualified, Plaintiff has failed to establish pretext. … Prima Facie Case: Qualification To establish a prima facie case, Plaintiff must show that (1) she was denied a promotion; (2) she was qualified for the position; (3) she was within the protected class (over 40 years old);

Marlow Green v. Scott Duncan

District Court, M.D. Louisiana · Oct 22, 2019

Now, nearly one year after the Court-ordered deadline for filing motions, Defendants bring a new Motion for Summary Judgment to re-argue their qualified immunity defense to Plaintiffs § 1983 claims in light of … The Court’s previous Order rejecting Defendants’ qualified immunity defense in Defendants’ first Motion to Dismiss (Doc. 19) specifically stated that “qualified immunity does not change the analysis” of Plaintiffs failure-to-protect

Young

District Court, M.D. Louisiana · Dec 2, 2025

ensure that prisoners were not subjected to unconstitutional conditions and / or unreasonable risks of harm.”6 DPSC Defendants previously filed a motion to dismiss asserting Eleventh Amendment immunity … , qualified immunity, and failure to state a claim.7 The Court denied the motion.8 Later, Plaintiff moved for summary judgment,9 which the Court also denied.10 DPSC Defendants now move to dismiss on the grounds that the

Stevenson v. Williamson

547 F. Supp. 2d 544 · District Court, M.D. Louisiana · Apr 9, 2008

The petition prays for attorneys fees as provided by both federal and state law and *549 alleges that the acts of defendant, Williamson, were in wanton and reckless disregard of plaintiffs clearly established rights and therefore … “To establish a prima facie case of discrimination, a plaintiff must show that: (1) she is a member of a protected class; (2) that she was qualified for the position; (3) she suffered an adverse employment action; and (4)

Madison v. Richardson

354 F. Supp. 383 · District Court, M.D. Louisiana · Feb 5, 1973

To de *385 termine whether an illegitimate individual qualifies as a “child” for the above actions, section 216(h)(3), 42 U.S.C. § 416 (h)(3) must be applied. … But here, just as in the ‘clearly erroneous’ review of a judge’s findings, when the fact-finder has failed to employ the proper legal standard in making its determination the finding may not stand.”

Berry

District Court, M.D. Louisiana · Jun 29, 2026

immunity; importantly, the initial, unnecessary shove was sufficient to state a claim and survive an assertion of qualified immunity). … Though the Court cannot address qualified immunity on screening, the rationale of Aucoin likely forecloses the qualified immunity defense on a motion to dismiss.

Beaver v. Exxon Mobil Corp.

361 F. Supp. 2d 565 · District Court, M.D. Louisiana · Mar 23, 2005

For these reasons, ExxonMobil seemingly does not meet the elements established by the Allen Court. B. … R.S. 23:1061(A)(2), statutory employers are clearly those who contractually obligate themselves to a third party and then subcontract out all or part of the work to be performed.

Banks v. LeBlanc

District Court, M.D. Louisiana · Jul 1, 2019

In particular, Plaintiff has failed to show that any of the named Defendants ‘refused to treat [him], ignored [his] qualified immunity,9 but this defense was pled in Defendants’ first, properly filed Answer to Second Amended … La. 2016) (qualified immunity is an affirmative defense). 10 See R. Doc. 27, p. 7. 11 R. Doc. 57.

In Re Knight

421 F. Supp. 1387 · District Court, M.D. Louisiana · Nov 5, 1976

In order to qualify for the loan, Knight was required to fill out a financial statement which, among other things, called for a listing of assets and debts of the applicant. … As in other civil matters, a bankruptcy referee's findings of fact are to be upheld unless they are clearly erroneous. (Citations omitted.)

Humana Insurance v. LeBlanc

524 F. Supp. 2d 764 · District Court, M.D. Louisiana · Oct 31, 2007

Hu-mana further alleged that enforcement of the Act subjected it to an actionable deprivation of its rights, privileges, and immunities secured by the Constitution and laws of the United States pursuant to 42 U.S.C. § 1983 … Because Plaintiffs do not qualify as “Louisiana HMOs” within the meaning of the Act, neither would have equal footing to compete with in-state interests for the administration and implementation of the State’s HMO benefits

Alexander v. Sara, Inc.

559 F. Supp. 42 · District Court, M.D. Louisiana · Mar 16, 1983

The so-called hiring, firing and wage setting prerogatives of the defendant are qualified powers, subject to the ultimate control of prison administrators. … Clearly, the extension of the minimum wage provisions to prison inmates was not contemplated. Therefore: IT IS ORDERED that the defendant’s motion for summary judgment be and it is hereby GRANTED.