Case law

Dumas

District Court, M.D. Louisiana · Jan 23, 2026

Third, Plaintiff argues that Gautreaux acted with gross negligence by failing to read the documents relevant to the sale of Plaintiff’s property such that Gautreaux should not be entitled to qualified immunity. … Plaintiff argues: In this case defendant Gautreaux’s action clearly show gross negligence. Defendant Gautreaux received a Writ of Fieri Facias, a letter attached to the Writ from U.S.

Clark v. Edwards

District Court, M.D. Louisiana · Jun 22, 2020

systems (including from smoking, cancer treatment, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, or use of corticosteroids or other immune weakening medications), diabetes, serious … qualifying conditions.

Ball v. Hudson Insurance Company

District Court, M.D. Louisiana · Sep 28, 2023

Wicks’s employment file, personal file, risk management file, or any other pertinent company file related to the instant collision, are clearly relevant to the instant case.” (R. Doc. 12-1 at 5). … The Court will require GTS to produce, without further objection other than that based on a privilege or immunity, responsive manuals and/or guides sought by Requests for Production Nos. 10-14.

Richards

District Court, M.D. Louisiana · Jul 23, 2026

Applicable Law & Analysis The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products.” La. R.S. § 9:2800.52. … Rev. 565, 575–76 (1989) (“[A] seller may be the only defendant available . . . if the alien manufacturer, because of his foreign status, is not subject to service of process or is immune from enforcement of a judgment.

Tassin v. Ryan's Family Steakhouse, Inc.

509 F. Supp. 2d 585 · District Court, M.D. Louisiana · Aug 28, 2007

Plaintiff also argues the panel decision was without merit because it was in manifest disregard of the law, arguing that the panel decision was “arbitrary and capricious.” 38 Under clearly established jurisprudence in the … it cannot be simply arbitrary and capricious. 41 The manifest disregard analysis requires two steps. 42 First, “the error must have been obvious and capable of being readily and instantly perceived by the average person qualified

Brumfield Towing Service, Inc. v. City of Baton Rouge

911 F. Supp. 212 · District Court, M.D. Louisiana · Jan 4, 1996

Clearly, however, the anti-trust laws are in no way implicated in such transactions. … City of Eau Claire, 471 U.S. 34 , 105 S.Ct. 1713 , 85 L.Ed.2d 24 (1985), the City of Baton Rouge is immune from federal antitrust liability for its activities in this area (assuming those activities could be so characterized

Water Craft Management, L.L.C. v. Mercury Marine

638 F. Supp. 2d 619 · District Court, M.D. Louisiana · Jul 21, 2009

While the Watermeier court found fraud to be present as a threshold matter, the court also held that “the plaintiffs failed to establish the cause of their losses. … Also, the testimony plaintiffs wanted to give as lay opinions is testimony which is usually given by experts qualified under Rule 702 of the Federal Rules of Evidence.

Rushing

District Court, M.D. Louisiana · Mar 30, 2026

Discretionary Function Immunity The discretionary function immunity defense “must be proven by the Defendants.” (Id. at 1.) … “Here, Plaintiff has clearly ignored the Court’s Ruling and Order, amending his Complaint to add claims against Crain, asserting the Court must have implicitly granted him leave to re-assert allegations against Crain.

Shaw Industries, Inc. v. Brett

884 F. Supp. 1054 · District Court, M.D. Louisiana · Nov 3, 1994

protected by its provisions by defining' a “consumer transaction” as “any transaction involving trade or commerce to a natural person, the subject of which is primarily intended for personal, family, or household use.” 18 Clearly … The officer’s action is justified, and he is entitled to a privilege of immunity, if he acted within the scope of his corporate authority and in the reasonable belief that his action was for the benefit of the corporation

Williams v. E.I. du Pont de Nemours & Co.

180 F. Supp. 3d 451 · District Court, M.D. Louisiana · Apr 11, 2016

The high court referred to “material adversity” because: An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and … And requiring a doctor’s note is certainly not an ultimate employment decision so as to qualify as an ad *464 verse employment action for purposes of a discrimination claim.

Graves v. Cain

District Court, M.D. Louisiana · Oct 11, 2019

Defendants argue that there can be no finding of the deliberate indifference required to overcome their Qualified Immunity defense. … Defendants devote much of their Objection to the argument that Plaintiff fails to establish subjective knowledge. However, Plaintiff has alleged sufficient facts to overcome Rule 12(b)(6) dismissal.

International Brotherhood of Boilermakers v. Delta Southern Co.

602 F. Supp. 625 · District Court, M.D. Louisiana · Jan 21, 1985

While the dispute may not have arisen until after termination of the employment relationship, it clearly arose from the employment relationship. … holding to a defense “aris[ing] solely during the course of the judicial process [involving] whether the judicial process has been abused by either party or at all or whether an equitable defense to the main dispute has been established

Kelly v. 18th Judicial District Court

District Court, M.D. Louisiana · Jun 10, 2025

A court may dismiss a claim as factually frivolous only if the facts are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional. … It did not establish that she was clothed with the authority of state law.

Blacher v. Gautreaux

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

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” Id. at 32-33. … Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person.”

Bullock v. Pizza Hut, Inc.

429 F. Supp. 424 · District Court, M.D. Louisiana · Mar 30, 1977

Oral reasons were assigned at that time, and we here reiterate that although we felt that plaintiff established a prima facie case, it was not established by a preponderance of the evidence that plaintiff’s firing was based … This is clearly an inappropriate factor under the law. Brennan v. Prince William Hospital Corp., 503 F.2d 282 (4th Cir. 1974); Hodgson v. Brookhaven General Hospital, 436 F.2d 719 (5th Cir. 1970).

George v. Louisiana Department of Public Safety & Corrections

272 F. Supp. 3d 855 · District Court, M.D. Louisiana · Sep 29, 2017

established federal law. … Nichols, 274 F.3d 829, 840 (4th Cir. 2001) (“Youngberg clearly establishes that a hospital’s obligation to protect the safety of its patients is measured by the professional judgment standard, and there is no reason to think

United States ex rel. Manuel v. Livingston Management, Inc.

932 F. Supp. 2d 674 · District Court, M.D. Louisiana · May 10, 2012

further contends that plaintiffs have failed to allege that any payments from the government were conditioned upon certification of compliance with the income requirements, which is a prerequisite in the Fifth Circuit to establish … The contents are clearly discussed in the paragraph above, and the employees alleged to have submitted the false claims are clearly identified.

Jones v. Letcher

District Court, M.D. Louisiana · Sep 6, 2024

Though the Court cannot address qualified immunity on screening, the rationale of Aucoin coupled with the fact that the complaint is verified (R. … Doc. 4, p. 15) likely forecloses the qualified immunity defense on a motion to dismiss. 18 R. Doc. 4, p. 10. 19 Farmer v.

Wilson v. Wilson

532 F. Supp. 152 · District Court, M.D. Louisiana · Jul 25, 1980

This suit is clearly the same cause of action as the first suit. … In the case at hand, defendant has failed to convince the Court that the normal rules of res judicata should be qualified or rejected.

United States v. Mack

145 F. Supp. 3d 635 · District Court, M.D. Louisiana · Nov 10, 2015

Specifically, the Fifth Circuit has held: “A person who is stopped or detained illegally is not immunized from prosecution for crimes committed during his detention period.” United States v. … The Defendant claims that his custodial status coupled with clearly coercive police procedures demonstrate that his consent was not voluntary.