Case law

Ariza v. Loomis Armored US, LLC

132 F. Supp. 3d 775 · District Court, M.D. Louisiana · Sep 23, 2015

Moore: the first did not list a weapon as a requirement, but a second iteration quite clearly did. (Id. at 9, 100, 103-04.) And though “three doctors had ... approved ... … Rather clearly, Defendant ignores the fact that Plaintiff need not actually be disabled to win at trial.

Nesom v. Brown & Root USA, Inc.

790 F. Supp. 123 · District Court, M.D. Louisiana · Apr 14, 1992

Since the policy by its own terms does not affect these requirements, it does not affect any offsets which qualify or limit those requirements. … To allow the offset proposed by UNUM would clearly affect the. amount of plaintiff’s worker’s compensation benefits.

Holliday v. U.S. Bank, National Association

District Court, M.D. Louisiana · Aug 15, 2022

Bank and Trans Union concerned a stay of discovery in light of a qualified immunity defense afforded to government officials. See Nelson v. Louisiana Dep't of Pub. … Bank and Trans Union, which are private entities, do not and cannot raise the defense of qualified immunity.

Ball v. LeBlanc

988 F. Supp. 2d 639 · District Court, M.D. Louisiana · Dec 19, 2013

Plaintiffs Failed to Introduce Evidence into the Record to Establish that They are Qualified Individuals with Disabilities 105. … In sum, the Court concludes that Plaintiffs have failed to establish that they are qualified individuals with a disability. See Chevron Phillips Chem. Co., 570 F.3d at 614 . 116.

United States v. Phillips

563 F. Supp. 267 · District Court, M.D. Louisiana · May 16, 1983

(i) MAKE. — The term “make”, and the various derivatives of such word, shall include manufacturing (other than by one qualified to engage in such business under this chapter), putting together, altering, any combination of … The defendant’s guilt has not been established beyond a reasonable doubt. Defendant’s motion for judgment of acquittal as to Count II is hereby GRANTED. .

Waguespack v. Medtronic, Inc.

185 F. Supp. 3d 916 · District Court, M.D. Louisiana · May 6, 2016

The Noerr-Pennington doctrine confers federal antitrust immunity to parties exercising the First Amendment right to petition the government for redress of grievances. City of Columbia v. … In Lindsey's Employment Agreement, the non-competition clause contains no territory whatsoever, which clearly violates § 921(C).

Commonwealth Life Insurance v. Neal

521 F. Supp. 812 · District Court, M.D. Louisiana · Aug 28, 1981

The “Advance Seminar” in 1977 comes closer to qualifying as a “special training” expense. … Because Neal had a top sales record, he was qualified to attend virtually all of them.

Plumbar v. Landry

District Court, M.D. Louisiana · Aug 26, 2021

The Court held that “unlike various government officials, municipalities do not enjoy immunity from suit—either absolute or qualified—under § 1983.” Id. at 165. “Official-capacity suits . . . … Therefore, absolute immunity does not apply. B.

Adams v. Louisiana Department of Corrections

District Court, M.D. Louisiana · Sep 24, 2024

They assert summary judgment is warranted because Howard is entitled to qualified immunity.72 The qualified immunity defense operates to protect public officials who are performing discretionary … If proven, Plaintiff’s right to be sheltered from violence was violated, and this right was clearly established at the time of the violation.

Kennedy v. Electricians Pension Plan

755 F. Supp. 700 · District Court, M.D. Louisiana · Jan 17, 1991

This action has been filed timely. (5) The Decision of the Trustee As noted, it is now undisputed that plaintiff qualifies in every respect for prior service credit. … Their inter *708 pretation is, nevertheless, absolutely and clearly wrong.

Shanklin v. Dow Chemical Co.

494 F. Supp. 351 · District Court, M.D. Louisiana · Jul 30, 1980

Under McDonnell Douglas, the complainant in a Title VII suit must carry the initial burden of establishing a prima facie case of racial discrimination. … A careful review of the entire record in this case clearly shows that the plaintiff has failed to make a prima facie or other showing of racial discrimination on the part of the defendant Dow.

George v. Davis

365 F. Supp. 446 · District Court, M.D. Louisiana · Oct 23, 1973

The entire screening process is directed toward obtaining the best qualified teachers without regard to the race of the applicant. … On the contrary, every bit of evidence produced clearly establishes the fact that the objectives of Singleton and its progeny have been accomplished by the methods used by the respondents in hiring and managing its teaching

In Re Exxon Coker Fire

108 F. Supp. 2d 628 · District Court, M.D. Louisiana · Aug 4, 2000

finds that the elbow does not qualify as plumbing. … Exxon failed to establish that the inspections involve the design and construction work completed in 1962-1963.

Anyanwu v. State of Louisiana

District Court, M.D. Louisiana · Jul 31, 2020

To state a claim for discriminatory discharge, Plaintiff must establish that she: (1) is a member of a protected class; (2) was subjected to an adverse employment action; (3) was qualified for her position; and (4) was … The Court finds that Plaintiff has failed to plead sufficient details to establish a claim for discriminatory discharge. 3.

Hudson v. Louisiana State Board of Elementary and Secondary Education (BESE)

District Court, M.D. Louisiana · Mar 31, 2023

, qualified immunity, and fail as a matter of law. … While it is true that a State may waive its immunity by voluntarily participating in federal spending programs, merely receiving federal funds does not establish a valid waiver. See Fields v. Dep't of Pub.

Terrebonne Parish Branch Naacp v. Jindal

274 F. Supp. 3d 395 · District Court, M.D. Louisiana · Aug 17, 2017

To establish Article. … It also presumes that the white majority has the sole right to determine who is “qualified,” while clearly, the black community, over the course of many years, has voted for black candidates they think are qualified who consistently

Isom v. Louisiana Office of Juvenile Justice

District Court, M.D. Louisiana · Dec 3, 2021

In Louisiana, an entity “must qualify as a juridical person” to be capable of being sued.” Harris, 2019 □□□ 2617175, at *2 (citing Dejoie v. Medley, 945 So.2d 968, 972 (La. App. 2 Cir. 2006)). … When Congress has not established a limitations period for a federal claim, courts “borrow the most analogous period from state law.” Frame v. City of Arlington, 657 F.3d 215, 223 (5th Cir. 2011).

Minnis v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College

55 F. Supp. 3d 864 · District Court, M.D. Louisiana · Oct 21, 2014

Further, it is well-established that termination qualifies as an adverse employment action. See Burlington Industries, Inc.,. 524 U.S. at 768 , 118 S.Ct. 2257 . … Here, as discussed previously, Minnis’s termination is clearly an adverse employment action.

George v. Honeywell International, Inc.

328 F. Supp. 2d 627 · District Court, M.D. Louisiana · Aug 6, 2004

White believed that Sorrell, who is an African-American, was the most qualified and appropriate candidate for the position. 5 Following Sorrell’s selection in 2001, plaintiff began to complain to several of his Honeywell … There was no evidence of discrimination and Honeywell has clearly established a non-discriminatory reason why the panel did not select the plaintiff.

Goring v. Board of Supervisors of Louisiana State University

932 F. Supp. 2d 642 · District Court, M.D. Louisiana · Apr 13, 2010

Claims Related to Goring’s Involvement with the BLSA Goring does not clearly lay out the claims she brings regarding her dealings with the Black Law Students Association (“BLSA”). … To establish a prima facie case of disparate treatment, Goring must show that: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she was subject to an adverse employment action; and (4)