Case law

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.

Blank

District Court, M.D. Louisiana · Oct 31, 2025

And again, it matters not that LSP is a state agency that may otherwise be entitled to Eleventh Amendment Immunity. … Unlike the present case, Russell involved Rule 45 subpoenas to “Felony Judges” who had previously been dismissed as defendants on grounds of sovereign immunity.

Guy v. LeBlanc

District Court, M.D. Louisiana · Aug 30, 2019

This Circuit recognizes a “closely circumscribed” and “narrow” exception: a court may decline to adopt a state limitations period “only when another federal statute ‘clearly provides a closer analogy, and ‘when the … A public entity’s assurance that it will not violate the ADA and RA in the future does not immunize it from liability for past violations. See 42 U.S.C. § 12182; 29 U.S.C. § (a).

Lewis v. United States of America

District Court, M.D. Louisiana · Mar 21, 2024

Milton Lane is a long-established, gravel timber road within or above the 500-year floodplain (Id. at 5.) … Such claims would clearly fall under the CWA’s savings clause. See 33 U.S.C. § 1365(e).

Wells v. East Baton Rouge School System

District Court, M.D. Louisiana · Aug 8, 2024

Although Wells states that he is a disabled veteran, he does explain his disability or state facts to support that his disability would be “qualifying.” … Docs. 24, 30 (dismissed based on Eleventh Amendment immunity).

Garig v. Travis

District Court, M.D. Louisiana · Mar 22, 2022

Sovereign Immunity 1. … (See Doc. 48 at 34–38.)9 Thus, Plaintiff’s allegations are insufficient to qualify for the Ex Parte Young exception to the rule of sovereign immunity.

National Risk Retention Ass'n v. Brown

927 F. Supp. 195 · District Court, M.D. Louisiana · Jun 3, 1996

DISCUSSION Summary Judgment Summary judgment is appropriate if the moving party establishes that there is no genuine issue of material fact and that he or she is entitled to judgment as a matter of law. 3 Neither party contends … However, if a risk retention group fails to qualify under the provisions of the federal Risk Retention Amendments of 1986, the commissioner may apply any state law that may be preempted by the federal Risk Retention Amendments

Tanner v. East Baton Rouge Parish Sheriff's Office

District Court, M.D. Louisiana · Oct 19, 2021

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.”

Tassin v. Sears, Roebuck and Co.

946 F. Supp. 1241 · District Court, M.D. Louisiana · Dec 5, 1996

The LPLA establishes the elements of each of these claims. 1. … And the reason — let me qualify. Question: Go ahead.

Outley v. Batiste

District Court, M.D. Louisiana · Nov 18, 2020

other.”10 Defendants previously filed a motion for summary judgment seeking dismissal of Plaintiff’s claims due to Plaintiff’s failure to exhaust administrative remedies or, alternatively, on the basis of qualified … immunity since Defendants had no knowledge of any threat posed by Guidry to Plaintiff.11 The Court denied that motion because Plaintiff had sufficiently exhausted administrative remedies and because there

James Bourgeois Contractor, Inc. v. Anderson

District Court, M.D. Louisiana · Aug 19, 2025

CDL Mktg., Inc., 878 F.2d 806, 809 (5th Cir. 1989) (preliminary injunctive relief “is an extraordinary remedy and should be granted only if the movant has clearly carried the burden of persuasion with respect to all … DISCUSSION To succeed on a preliminary injunction, Plaintiff must establish a substantial likelihood of prevailing on the merits. See Barton, 613 F. App’x at 427.

State of Louisiana v. RLI Insurance Company

District Court, M.D. Louisiana · Sep 15, 2020

This allegation is insufficient to establish complete diversity among the parties and Lexon has failed to meet its burden of establishing diversity jurisdiction. … There is clearly no ‘substantial federal constitutional question’ before this Court and Pullman is wholly inapplicable.

In RE MINOR CHILD v. Livingston Parish School Bd.

470 F. Supp. 2d 647 · District Court, M.D. Louisiana · Nov 1, 2006

examples of “material alterations” of the legal relationships cited by Buckhan-non. 55 Plaintiffs statement to the contrary is a clear misrepresentation of the record solely to gain a financial windfall when the Plaintiff is clearly … The Court held that a party does not have to succeed on the central issue to qualify for attorney’s fees.

Hains v. Pointe Coupee Parish Government

District Court, M.D. Louisiana · Nov 7, 2023

deny a preliminary injunction is discretionary with the district court.25 However, because a preliminary injunction is an extraordinary remedy, it “should not be granted unless the party seeking it has clearly … Here, the Parish has no such immunity. The law is clear that “[a] parish government is not an arm of the state and is, therefore, not entitled to sovereign immunity.”°4 Thus, TitleMax is inapplicable here.

Labranche v. Louisiana Department of Justice

District Court, M.D. Louisiana · Apr 1, 2021

Federal subject matter jurisdiction may generally be established in two ways. … Considering that sovereign immunity is similar to a subject matter jurisdiction bar, the district court should have considered the sovereign immunity issue and reached a conclusion, even if technically improperly presented

Randolph v. East Baton Rouge Parish School System

District Court, M.D. Louisiana · Dec 10, 2020

Motion to Alter or Amend Judgment/New Trial “A Rule 59(e) motion ‘calls into question the correctness of a judgment.’”12 “A Rule 59(e) motion must clearly establish either a manifest error of law or … United States, 891 F.2d 1154, 1159 (5th Cir. 1990)(“Motions for a new trial … must clearly establish either a manifest error of law or fact.”). 19 Gasperini v.

James v. City of Plaquemine, Louisiana

District Court, M.D. Louisiana · Sep 17, 2019

Specifically, the complaint here fails to separate Plaintiff’s claims into distinct causes of action or clearly differentiate between his state and federal claims. … Discretionary Function Immunity Defendants move for the dismissal of the state-law claim for “failure to properly hire, train, supervise, and monitor officers . . . due to the immunity provided

Hornsby v. AlliedSignal Inc.

961 F. Supp. 923 · District Court, M.D. Louisiana · Jan 15, 1997

The plant manager in Ford said that the responsibility for safety and maintenance and operations was properly delegated to qualified supervisors. 22 The Ford court also noted that the plant manager’s testimony indicated that … The facts before this Court in the instant case, however, are distinguishable from Ford. *929 In Ford, the evidence clearly indicated there was a possibility of recovery because there were several parties who stated that

Tyler v. Smith

472 F. Supp. 2d 818 · District Court, M.D. Louisiana · Oct 31, 2006

The JWOD Act established the Committee for Purchase from People Who Are Blind or Severely Disabled. … Clearly, it is an individual’s status as a client of a sheltered workshop which triggers the exemption.

Allied World National Assurance Company v. Nisus Corporation

District Court, M.D. Louisiana · May 3, 2024

An objection that states the limits that have controlled the search for responsive and relevant materials qualifies as a statement that the materials have been “withheld.”59 Nisus’ responses do not satisfy Fed … At issue was whether an expert’s immunity from discovery can be restored when the redesignation to non-witness status occurs after the expert has offered opinions.