Case law

United States v. Edwards

119 F. Supp. 2d 589 · District Court, M.D. Louisiana · Jul 27, 2000

_ 83.Some of the government’s witnesses in this case are testifying as part of plea bargaining agreements or under a grant of immunity from prosecution. … What is your opinion about the use of plea agreements or granting immunity for this purpose? _.

United States v. Edwards

79 F. Supp. 2d 645 · District Court, M.D. Louisiana · Nov 30, 1999

Defendants claim that the defendants are immune from federal prosecution because the “statutory immunity granted to the defendants in exchange for their state grand jury testimony is binding on the federal government.” 44 … Moreover, there is insufficient evidence to establish any such “joint” state/federal investigation. Mr.

Bennett v. Taylor

505 F. Supp. 800 · District Court, M.D. Louisiana · Dec 31, 1980

In order to qualify for federal aid, roads on all systems must meet established federal criteria. … Highway projects completed prior to that date are immune from its provisions. Scottsdale Mall v.

Provident Life and Accident Ins. Co. v. Sharpless

253 F. Supp. 2d 874 · District Court, M.D. Louisiana · Mar 19, 2003

doctors’ affirmative response to question 11(a) qualified the doctors to receive a higher benefit, even though in fact the corporation was adding the amount of the premiums to their taxable income. … Had the responses to the question shown what actually occurred, i.e., the premiums were included as part of the doctors’ taxable income, the doctors who obtained the policy would not have qualified for $15,000.00 in coverage

Hensley v. Harrell

District Court, M.D. Louisiana · Sep 22, 2023

Doc. 30, Plaintiff is clearly requesting permission to file an amended complaint (R. Doc. 30, p. 1), and the amended allegations follow beginning on page two of the document. 3 R. … Defendants also argue that the statement regarding “playing games” is futile because Defendants did not have actual knowledge of the danger posed to Plaintiff and would be entitled to qualified immunity. R.

Barlow v. Safety National Casualty Corp.

856 F. Supp. 2d 828 · District Court, M.D. Louisiana · Mar 6, 2012

The defendants seek dismissal of the plaintiffs complaint on the grounds that (1) the pursuit of indemnity does not qualify as a “debt” under the Fair Debt Collection Practices Act and, therefore, her claims invoking the … To state a claim under the FDCPA, a plaintiffs allegations must establish that the money being collected qualifies as a “debt.” See 15 U.S.C. § 1692a(5).

James v. STATE OF LA. LEGISLATIVE FISCAL OFFICE

822 F. Supp. 349 · District Court, M.D. Louisiana · Apr 20, 1993

Although defendant Rombach accepted plaintiffs offer to speak to a black intern regarding a body odor problem, it is not clearly established that defendant Rombach made derogatory inquiries of plaintiff regarding the body … Absent evidence that qualified blacks and females applied for vacant positions at the LFO, plaintiffs observation does not create an inference that she was terminated because of racial or sexual discrimination at the LFO.

Motley

District Court, M.D. Louisiana · Aug 6, 2026

Doc. 33 at 2), but does not clearly state when this request occurred. … Ex parte Young provides jurisdiction over official-capacity suits because it can prevent Eleventh Amendment immunity. See McCarthy ex rel. Travis v. Hawkins, 381 F.3d 407, 410 (5th Cir. 2004).

Alleman v. Harness

District Court, M.D. Louisiana · Apr 25, 2025

Sovereign Immunity 1. … This is clearly commercial speech.

Smith v. City of Baton Rouge

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

At the very least, the BPRD officers are entitled to qualified immunity, as the Court cannot say that every reasonable officer in these defendants’ position would know, beyond doubt, that his conduct was unlawful under … clearly established law.

Weis v. DSM Copolymer, Inc.

160 F. Supp. 3d 954 · District Court, M.D. Louisiana · Feb 2, 2016

The 29-page Report issued by Magistrate Judge Bourgeois is well reasoned and defendants’ arguments relative to error clearly lack merit, particularly in view of the response made by plaintiffs. … Even if DSM established this element, it has failed to establish a causal nexus exists between DSM’s actions under color of federal office and the Plaintiffs’ claims. IV.

Cobbins v. Graham

District Court, M.D. Louisiana · Mar 13, 2025

The LSP Defendants answered the suit, raising the affirmative defense of qualified immunity. R. Doc. 25 (Second, Third, and Fourth Affirmative Defenses). … The LSP Defendants’ Motion for Summary Judgment based on qualified immunity was denied by this Court, which denial was affirmed by the United States Fifth Circuit Court of Appeals. Cobbins v.

Molden v. Georgia Gulf Corp.

465 F. Supp. 2d 606 · District Court, M.D. Louisiana · Nov 14, 2006

by some Plaintiffs. 22 The toxicology of phenol is well established in the scientific literature and in the industry. … b) the chances of members of the public at large of developing the disease; (4) A monitoring procedure exists that makes the early detection in the disease possible; (5) The monitoring procedure has been prescribed by a qualified

Clark v. Edwards

725 F. Supp. 285 · District Court, M.D. Louisiana · Aug 31, 1988

established statewide. … Apparently, it did not clearly do *304 so.

Childers v. State of Louisiana

District Court, M.D. Louisiana · Jun 16, 2025

It asserts that Plaintiff Pitts was not clearly more qualified than the candidates who were promoted over him. (Id. at 14–18.) … Defendant argues that Childers’ time on the job does not equate to being better qualified, and he has therefore not shown that he is clearly better qualified.

Boone v. DuBose

718 F. Supp. 479 · District Court, M.D. Louisiana · Aug 11, 1988

Thus, a case “arises under” federal law when a “right or immunity created by the Constitution or laws of the United States [is] an element, and an essential one, of the plaintiffs cause of action.” … Agrico, C.A. 86-360-B, in which a motion to remand was denied because the plaintiffs had clearly chosen to plead federal claims. Powers v. S. Cent.

Schexnayder v. CF Industries Long Term Disability Plan for It's Employees

553 F. Supp. 2d 658 · District Court, M.D. Louisiana · Apr 2, 2008

The evidence clearly establishes that Plaintiff is completely disabled due to degenerative disc disease and spinal steno-sis and debilitating pain. Hartford ig *668 nored the medical evidence of Mr. … by education, training or experience; and 2. not working for wages in any occupation for which You are or become qualified by education, training or experience.

Urda v. Valmont Industries Inc.

District Court, M.D. Louisiana · Sep 21, 2021

Applying Washington law, Aldridge argues that it did not “clearly and specifically” waive its statutory employer immunity because the contract language is too broad. (Id.) … The Brown court ruled that this broad language failed to clearly express a specific intent of the employer to waive its RCW 51 immunity. Id. at 240.

Hoyt v. LeBlanc

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

the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing … immunity.

E.B. v. Landry

District Court, M.D. Louisiana · Mar 30, 2021

The court at the pleading stage bases its decision on the allegations of the complaint, and the complaint must “clearly. . . allege facts demonstrating” each element of standing. Id. (citing Warth, 422 U.S. … As to the Attorney General, Plaintiffs also fail to establish standing.