Case law

United States v. Clayton-Kent Builders, Inc.

378 F. Supp. 1109 · District Court, M.D. Louisiana · Jun 26, 1974

They were never deposited or negotiated by Clayton-Kent and indeed they could not have been because Lavergne did not have sufficient funds in the bank to cover the checks, and the evidence points clearly to the fact that … While the evidence does not support this factual contention of Julyn, even if Julyn were cast in this posture, such an arrangement would not automatically immunize Julyn from liability under the statute.

Kimble v. Georgia Pacific Corp.

245 F. Supp. 2d 862 · District Court, M.D. Louisiana · Nov 7, 2002

Only Plaintiffs November 1999 termination and disparate treatment with regard to Greg Stephens’ pay clearly fall within the allowable time period. … In order to establish a prima facie case of sex discrimination, Plaintiff must establish that: a.) she belongs to a protected group; b.) she was at all time qualified for the position; c.) she suffered an adverse employment

Carballo v. Log Cabin Smokehouse

399 F. Supp. 2d 715 · District Court, M.D. Louisiana · Oct 28, 2005

The Court concludes that Carballo has established a prima facie case for pregnancy discrimination. First, Carballo was pregnant. Second, Carballo was qualified to perform her job as a waitress. … Clearly, a fact-finder can reach different conclusions of whether Carballo was discriminated against because of her pregnancy.

Vaughn v. St. Helena Parish Police Jury

261 F. Supp. 2d 553 · District Court, M.D. Louisiana · Oct 17, 2002

The City of Dallas *561 changed the ordinance terms so that anyplace of business that allowed women regularly to appear dancing in less than a full bikini would qualify as a sexually oriented business. … The principle is well-established.

Harris v. Browning-Ferris Industries Chemical Services Inc.

635 F. Supp. 1202 · District Court, M.D. Louisiana · May 9, 1986

Thus, La.R.S. 32:79 sets forth the duty of care for a lead vehicle driving on a roadway laned for traffic as follows: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following … Establishing of speed zones A.

Percle v. SFGL Foods, Inc.

356 F. Supp. 2d 629 · District Court, M.D. Louisiana · Dec 17, 2004

SFGL also states that (1) it has never had an office in Louisiana; (2) has never done business in Louisiana; (3) is not qualified to do business in Louisiana; (4) does not maintain ongoing personal or professional connections … Clearly, there is no general jurisdiction over the defendants under the facts of this case.

Plaisance v. State of Louisiana

District Court, M.D. Louisiana · Mar 16, 2021

Plaintiffs allege ongoing “economic distress,” but have not set forth specific evidence establishing that monetary damages are inadequate, or that an immediate injunction is necessary to forestall additional … Such relief “is particularly disfavored, and should not be issued unless the facts and law clearly favor the moving party.” Id.

Gruver v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

District Court, M.D. Louisiana · Jul 19, 2019

its constitutional immunity.’” … Amendment Immunity.

Louisiana Health Service & Indemnity Co. v. Rapides Healthcare System

213 F. Supp. 2d 650 · District Court, M.D. Louisiana · Apr 15, 2002

obligated to reimburse the individual or to pay for him or on his behalf the charges for the services rendered by the hospital shall pay those benefits to the individual when the itemized statement submitted to such entity clearly … Ieyoub, the Fifth Circuit found that Louisiana’s “any willing provider” statute “related to” an ERISA plan because it specifically referred to entities that constituted ERISA-qualified plans and because it mandated the structures

United States of America, for the use and benefit of Timberline Construction Group, LLC v. APTIM Federal Services, LLC, et al.

District Court, M.D. Louisiana · Feb 4, 2026

It asserts that “[t]his is clearly one of those situations.” (Id.) … Thermotek, Inc., 875 F.3d 765, 772 (5th Cir. 2017)); see, e.g., Pasco, 566 F.3d at 578 (allowing defendant to raise affirmative defense of qualified immunity at summary judgment); Lafreniere Park Found. v.

Derbes

District Court, M.D. Louisiana · Jan 14, 2026

Given that Defendant has met its burden of establishing that Landry qualifies as a “high-ranking” official, the burden shifts to Plaintiff to establish that there are extraordinary circumstances to require his deposition … There is no dispute that this former position does not qualify for the apex deposition doctrine.

Louisiana Real Estate Appraisers Board v. United States Federal Trade Commission

District Court, M.D. Louisiana · Apr 9, 2020

It does not appear that this testimony is relevant to whether the Board has state-action immunity from the antitrust laws. … If it does not staff another available and qualified economist, the FTC may hire one from the private sector.

Delouise v. Iberville Parish School Board

8 F. Supp. 3d 789 · District Court, M.D. Louisiana · Mar 25, 2014

Standing alone, § 1985 does not qualify for the four-year prescriptive period as it was enacted before 1990. … This limitation is articulated clearly for the first time in Plaintiffs opposition. (Doc. 41, at 15-16). .

Day v. Lea

599 F. Supp. 25 · District Court, M.D. Louisiana · May 11, 1984

. § 1983 grants a cause of action for damages to any person who under color of state law is deprived “of any rights, privileges, or immunities secured by the Constitution and laws” against the person causing the deprivation … It is well-established that gross negligence or recklessness or callous indifference to the harm inflicted is actionable under § 1983. Estelle v. Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976); Parker v.

Harris

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

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. … In order to establish a prima facie case of discrimination under the ADEA, Plaintiff must show that (1) she was a member of the protected class, (2) she was qualified for the position at issue, (3) she suffered an adverse

Burkette v. Travis

District Court, M.D. Louisiana · Nov 8, 2022

Plaintiff Has Failed to Establish Sufficient Grounds for Reconsideration of the Ruling Although it has been noted that the Federal Rules “do not recognize a ‘motion … fashioning a reasonable attorney’s fee is broad and reviewable only for an abuse of discretion, i.e., it will not be reversed unless there is strong evidence that it is excessive or inadequate, or the amount chosen is clearly

Sibley v. Dick

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

to establish jurisdiction.” … Focusing on circumstance number two, Plaintiffs cannot meet their burden to establish the capable-of-repetition doctrine exception applies.

Whitaker v. Fedex Freight, Inc.

899 F. Supp. 2d 496 · District Court, M.D. Louisiana · Sep 26, 2012

To establish a prima facie case of racial discrimination in employment, an employee must demonstrate that (1) she is a member of a protected class, (2) she was qualified for the position at issue, (3) she was the subject … In order to establish a prima facie case of discrimination based on age under the ADEA, plaintiff must establish that: (1) she is forty or older; (2) she was qualified for the position; (3) she was subjected to an adverse

Thomas

District Court, M.D. Louisiana · Feb 4, 2026

Defendant further asserts that “Plaintiff’s Response to the Request for Admission stating that her damages exceed $75,000.00 renders the jurisdictional amount in controversy clearly facially apparent.” (R. … Having considered the pleadings and the evidence in the record, the Court concludes that Defendant has not met its burden of establishing that the jurisdictional amount is satisfied based solely on Plaintiff’s qualified

United States v. Denison

508 F. Supp. 659 · District Court, M.D. Louisiana · Jan 30, 1981

The statute, if broken down correctly, grammatically speaking, clearly sets forth two requirements: “... … Section 1623(d) presents a narrow and highly qualified “out” for a person whose conscience makes him correct his false testimony in a judicial proceeding.