Case law

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.

American Federation of Unions, Local 102 Health & Welfare Fund v. Equitable Life Assurance Society of the United States

647 F. Supp. 947 · District Court, M.D. Louisiana · Oct 25, 1985

Both movers are members of the Union and beneficiaries of and participants in the Fund and under Rule 24 they qualify at least for permissive intervention. … Holden’s activities as administrator are clearly outside the scope of his employment as a salesman for Equitable.

Amedee v. Shell Chem. LP

384 F. Supp. 3d 613 · District Court, M.D. Louisiana · May 31, 2019

Here, Plaintiff argues that Guba considered her to be "substantially limited with her bad back", and his "illegal efforts" to have her subjected to Shell's return-to-work examinations "show this clearly". … Qualified Individual The second element of a prima facie case for a violation of the ADA is that *640 plaintiff must show that she is qualified for the job position. 195 An individual is "qualified" under the ADA if she can

Hall v. Louisiana

973 F. Supp. 2d 675 · District Court, M.D. Louisiana · Sep 27, 2013

Certain political subdivisions (usually counties) in Arizona, Hawaii, Idaho, and North Carolina also qualified for coverage. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.

Keybank National Ass'n v. Perkins Rowe Associates, LLC

823 F. Supp. 2d 399 · District Court, M.D. Louisiana · Oct 11, 2011

Thus, the most important consideration— the intent of the parties — clearly weighs against finding a novation. … The work performed under the medical office building contract thus qualifies as a separate “work” under § 4808(B).

Repath v. LeBlanc

District Court, M.D. Louisiana · Nov 2, 2021

First, Defendants contend that Plaintiff’s official capacity claims seeking monetary damages are barred by Eleventh Amendment immunity. (Doc. 14-1 at 3-4). … Finally, and in any event, Defendants contend that Plaintiffs’ individual capacity claims must be dismissed because Defendants are shielded by qualified immunity. (Id. at 8-13).

Advocacy Center v. Stalder

128 F. Supp. 2d 358 · District Court, M.D. Louisiana · Jul 30, 1999

Ford’s records but also *362 ready access to all records of qualified inmates in the future. The defendants also have moved for summary judgment. In their motion, they claim that since the records of Mr. … In return, the state must establish a protection and advocacy system to investigate reports of abuse and neglect of these individuals.

Brumfield v. Cain

854 F. Supp. 2d 366 · District Court, M.D. Louisiana · Feb 23, 2012

Specifically, both Atkins and Ford had been decided and clearly established before that date. … There is no federally-established, bright-line cutoff for persons to qualify as mentally retarded, even using an objective IQ test as the measure for the intellectual functioning prong.

Hall v. Louisiana

108 F. Supp. 3d 419 · District Court, M.D. Louisiana · Jun 9, 2015

The Court has held in a prior ruling in this matter that sovereign immunity does not bar suit here against the State of Louisiana, or any other Defendants who may claim to be alter egos or arms of the State. … Citizens and voters within the City of Baton Rouge are the only qualified electors to vote for a judge of the City Court. (Doc. 359 at ¶ 215).

Hammond v. Jacobs Field Services

932 F. Supp. 2d 660 · District Court, M.D. Louisiana · Feb 9, 2012

First, the discussion set forth earlier in this opinion establishes that after plaintiff returned to work from an extended medical leave, he was no longer “qualified” for his position. … Plaintiff has provided no summary judgment evidence that Jacobs’ decision to terminate him for violating a clearly established security rule was a pretext for discrimination other than his self-serving testimony that he believed

Doe v. Jindal

853 F. Supp. 2d 596 · District Court, M.D. Louisiana · Feb 16, 2012

Uncertain meanings inevitably lead citizens to steer far wider of the unlawful zone ... than if the boundaries of the forbidden areas were clearly marked. Grayned v. … James Doe, a resident of Iberia Parish, pled guilty in another state to the qualifying charge of having a sexual encounter with a minor.

City National Bank v. 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.)

Moore v. Circle K Stores, Inc.

District Court, M.D. Louisiana · Aug 21, 2024

Each such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such designation. … Plaintiff failed to submit any document wherein she admits, denies, or qualifies Defendant’s proffered statements of undisputed fact; thus, they are deemed admitted as not properly controverted under the Local Rules of

Corley v. State Ex Rel. Division of Administration, Office of Risk Management

816 F. Supp. 2d 297 · District Court, M.D. Louisiana · Sep 13, 2011

The record contains uncontested facts which establish the plaintiffs prima facie case. Plaintiff is a member of a protected class and was qualified for her position. … The evidence shows that the defendants clearly supported the plaintiff’s request and would allow leave for the plaintiff to attend classes.

Lee v. Sun Life Assurance Co. of Canada

20 F. Supp. 2d 983 · District Court, M.D. Louisiana · Sep 21, 1998

Thus, a “plan” clearly exists under this standard. … A multiple employer trust is an arrangement whereby employers with too few employees to qualify for group rates on their own may subscribe to a trust, which “pools” the employers’ premiums and issues a policy covering the

United States v. Edwards

72 F. Supp. 2d 668 · District Court, M.D. Louisiana · Oct 26, 1999

The remainder of the jurors were deemed qualified for service as grand jurors. … The Government further contends that the statistical data clearly shows that the defendants’ Sixth Amendment guarantee of a right to a grand jury selected from a fair cross-section of the community was not violated by the

Payne v. Fontenot

925 F. Supp. 414 · District Court, M.D. Louisiana · Aug 16, 1995

But, because of that choice, they do not qualify under the video gaming device licensing statute to operate video poker machines at that bar. … Even if the strict scrutiny or undue burden standard applied to this ease, the regulation and the Division’s application of it clearly pass both.

Dilley v. State of Louisiana

District Court, M.D. Louisiana · Oct 16, 2024

In its Motion, DPSC/LSP asserts it is entitled to Eleventh Amendment immunity as an arm of the state because it has neither invoked the Court’s jurisdiction nor clearly waived its right to this immunity … Here, DPSC/LSP has successfully established that it did not waive its Eleventh Amendment immunity as an arm of the State of Louisiana.

Knight

District Court, M.D. Louisiana · Feb 27, 2026

The opposing party must also specifically reference the paragraph number of each fact being admitted, denied, or qualified. Id. … Under the LWCA, a statutory employer is afforded the same tort immunity as direct employers. La. R.S. 23:1061(A)(1).

Butler v. Exxon Mobil Corp.

838 F. Supp. 2d 473 · District Court, M.D. Louisiana · Jan 20, 2012

To prevail on an ADA discrimination claim, Plaintiff must establish a prima facie case that (1) he is disabled within the meaning of the ADA, (2) he is qualified and able to perform the essential functions of his job, and … “To establish a prima facie case of age discrimination, a plaintiff must show that (1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the time of discharge; and (4) he was