Case law

Federal Sav. and Loan Ins. Corp. v. Shelton

789 F. Supp. 1367 · District Court, M.D. Louisiana · Mar 9, 1992

The court stated: Defendants must establish that the FDIC as receiver owed a duty to the officers to *1370 collect bad loans without negligence. … Thus, the Court questions whether it has subject matter jurisdiction to consider the affirmative defenses arising from post-takeover activity. 16 “The United States, as sovereign, ‘is immune from suit save as it consents

United States v. Louisiana

196 F. Supp. 3d 612 · District Court, M.D. Louisiana · Jul 26, 2016

LA goes further, contending that the Complaint contains “no allegations against the State of Louisiana or that the State of Louisiana caused the deprivation of a clearly established constitutional right of the Plaintiff.” … and “(2) with ‘each’ qualifying transaction,” in accordance with *644 § 20506(a)(6).

Davis Ex Rel. Davis v. East Baton Rouge Parish School Board

398 F. Supp. 1013 · District Court, M.D. Louisiana · Aug 21, 1975

The mere suggestion of this is preposterous and any such order would be clearly illegal. Section 214 of the Act establishes a priority of remedies, if indeed remedies were found necessary. … There is good reason for this as the present case clearly shows. The transition has been completed. There are no longer any plaintiffs in this suit.

Dantzler v. Jorden

District Court, M.D. Louisiana · Jun 17, 2025

Welborn Has Not Established that He is Entitled to Immunity In his Motion to Dismiss, Welborn also argues that he, too, has immunity for Plaintiff’s claims. … However, a clerk “enjoys only qualified immunity for those routine duties not explicitly commanded by a court decree or by the judge’s instructions.” Id. (citing Williams v.

Entertainment Software Ass'n v. Foti

451 F. Supp. 2d 823 · District Court, M.D. Louisiana · Aug 24, 2006

The Fifth Circuit has held that, for purposes of enjoining unconstitutional acts, a state official is entitled to 11th Amendment immunity unless the plaintiff can establish “some connection between [him and] enforcement of … Maleng, 325 F.Supp.2d 1180, 1184-85 (W.D.Wash.2004) (“Maleng ”) (noting that video games “are expressive and qualify for the protections of the First Amendment”); see James v.

Clark v. Roemer

777 F. Supp. 445 · District Court, M.D. Louisiana · Jun 12, 1990

‘to establish justice for all’.” … Sections 312.1, 312.2 and 312.3 establish the number of judges for each circuit and sets forth the number of judges which are to be elected from each election district or at-large by the “qualified electors” of that circuit

Williams v. McKeithen

121 F. Supp. 2d 943 · District Court, M.D. Louisiana · Oct 3, 2000

Counseling may be provided by qualified staff with appropriate background and training. 114. … and whose performance meets standards that LSU will establish and apply to all persons working in this program. c) The contract will clearly delineate areas of authority and responsibility for the DOC and LSU. d) LSU personnel

Woodfox v. Cain

926 F. Supp. 2d 841 · District Court, M.D. Louisiana · Feb 26, 2013

The parties also disagree about which test is more appropriate to establish underrepresentation. … we would conclude that the presumption established by the prima facie test was not rebutted.”

McNealy v. Emerson Electric Co.

306 F. Supp. 2d 613 · District Court, M.D. Louisiana · Feb 25, 2004

However, he failed to offer any evidence that he was more qualified than the persons who eventually received the positions. … The Court has also considered plaintiffs other arguments which are clearly speculative, conflict with the stipulated facts or are unsupported by evidence and finds these arguments to be without merit and insufficient to cause

Ellerbee v. State of Louisiana Division of Administration, Office of Technology Services

District Court, M.D. Louisiana · Jan 28, 2025

The parties do not dispute that Ellerbee is a qualified individual with a disability and that he was qualified to receive the services and benefits of the public entity.64 Defendants acknowledge Ellerbee claims accessibility … ; (2) Is retained exclusively for reference, research, or recordkeeping; (3) Is not altered or updated after the date of archiving; and (4) Is organized and stored in a dedicated area or areas clearly

iMortgage Services LLC v. Louisiana Real Estate Appraisers Board

District Court, M.D. Louisiana · Feb 27, 2023

There is no doubt that the Board qualifies as a state agency in this regard.81 Thus, the Board is entitled to indemnity by state funds. … Parker immunity and sovereign immunity are potential defenses for state entities.”101 Although related, “sovereign immunity and Parker immunity are distinct doctrines, providing different—if sometimes overlapping—spheres

United States v. Cotton Baking Co.

513 F. Supp. 223 · District Court, M.D. Louisiana · Apr 15, 1981

334 U.S. 110 , 68 S.Ct. 947 , 92 L.Ed. 1245 (1948) the Court noted that “the concerted action of the parent company, its subsidiaries, and the named officers and directors in that endeavor was a conspiracy which was not immunized … Clearly a vertical combination or combination of non-competitors may conspire to restrain unreasonably the interstate trade and commerce of third parties and thereby subject themselves to the prohibitions of the Sherman Act

Military-Veterans Advocacy, Inc. v. Landry

District Court, M.D. Louisiana · Sep 29, 2025

You may qualify for other veterans’ benefits beyond the benefits for which you are receiving services here. … The Governor also argues that he is immune from suit under the Eleventh Amendment. (Doc. 15 at 2).

Day v. Baton Rouge City Police

District Court, M.D. Louisiana · Nov 30, 2020

immunity doctrine” because the “undisputed facts demonstrate the any BRPD officers involved in [P]laintiff’s arrest are entitled to qualified immunity.” … “A municipality is not entitled to qualified immunity.” Estate of Sorrells v. City of Dallas, 192 F.R.D. 203 (N.D. Tex. Feb. 25, 2000) (citations omitted); see also Pearson v.

Firefighters' Retirement System v. Consulting Group Services, LLC

541 B.R. 337 · District Court, M.D. Louisiana · Sep 14, 2015

The McDonald factors are technically a test for Eleventh Amendment immunity. … The McDonald factors are technically a test for Eleventh Amendment immunity.

Rouse v. Ard

District Court, M.D. Louisiana · Jan 8, 2020

Lastly, Sheriff Ard is entitled to qualified immunity. … Dist., 891 F.3d 214, 220 (5th Cir. 2018) (qualified immunity protects officials from actions for money damages unless the official violates a clearly established right).

United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada Local 198 v. Myers

488 F. Supp. 704 · District Court, M.D. Louisiana · Mar 31, 1980

The legislative history of the Act very clearly sets forth the congressional intent as is shown in the following quotations: “The Employee Benefit Security Act is designed (1) to establish minimum standards of fiduciary conduct … This legislation is concerned with improving the fairness and effectiveness of qualified retirement plans in their vital role of providing retirement income.

Banks v. LeBlanc

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

deliberate indifference, the Court need not fully examine the qualified immunity defense. 41 R. … To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) that he has a qualifying disability; (2) that he is being excluded from 89 The medical records in this matter show consistent

Oliver v. Military Department, State of Louisiana

District Court, M.D. Louisiana · Mar 29, 2023

In some specific instances, Plaintiff’s arguments are clearly contrary to applicable law. … allege that she is a qualified individual with a disability, or that she is disabled as defined by the controlling statutes – the first step to establishing any federal or state disability discrimination claim.80 Further

York v. City of St. Gabriel

89 F. Supp. 3d 843 · District Court, M.D. Louisiana · Mar 4, 2015

Gabriel having been denied the right to vote or prevented from qualifying to run for office on account of race. (Tr. I at 83:24-84:8, 101:25-102:8). The Court can find no evidence in the record to establish that St. … As reviewed supra, in 2003, there were only two white candidates out of sixteen qualified on the ballot; in 2007, there were two white candidates out of twenty qualified on the ballot. (See Ex. P-3 at p. 37, tbl.1.1).