Case law

J.M.C. v. Louisiana Board of Elementary & Secondary Education

562 F. Supp. 2d 748 · District Court, M.D. Louisiana · Jun 13, 2008

As such, in March 2005, authorities determined that E.G.C. qualified for special education services in the East Baton Rouge Parish School System. … The Court however finds that the Plaintiffs’ steps outlined above quite clearly do not mirror those set forth under the IDEA. 9 *757 b.

Cooperative Benefit Administrators, Inc. v. Ogden

265 F. Supp. 2d 662 · District Court, M.D. Louisiana · Apr 28, 2003

The summary judgment evidence conclusively establishes CBA’s right recover overpayments to Ogden under the theory of unjust enrichment. … CBA asserts further that Ogden failed to provide it with requisite documentation demonstrating a qualified IRA rollover of her funds in order to prevent those pension benefits from being used to offset her disability benefits

Newton v. Illinois Central Railroad Company

District Court, M.D. Louisiana · Dec 12, 2023

Title VII Race Discrimination – Termination To prove race discrimination under Title VII, a plaintiff must establish that he is (1) “a member of a protected class” (2) “was qualified for the position … satisfied here, and the Court will assume arguendo that Newton was qualified for the position he held.

Pullins v. Hancock Whitney Bank

District Court, M.D. Louisiana · Mar 25, 2020

There are no allegations that Plaintiff applyied and qualified for credit and was then denied credit by Defendant. … Kan. 1999)(“[d]efendants, a bank and two of its employees, clearly are not covered by [Title II]”); Terry v. Lasalle Nat’l Bank, 1985 WL 4242, *3 (N.D.

Hunter v. United States

District Court, M.D. Louisiana · Dec 12, 2019

The plan was to send Delaney and Grunewald ahead of the others to establish a perimeter around the apartment complex to prevent Blackburn’s escape. … Sovereign Immunity and the FTCA Absent Congressional consent, sovereign immunity bars suits against the United States. See Block v. North Dakota ex. Rel. Bd. of Univ. & Sch.

Mealey v. City of Baton Rouge / Parish of East Baton Rouge

District Court, M.D. Louisiana · Sep 30, 2025

To overcome a qualified immunity defense, a plaintiff must satisfy a “two-prong test,” which consists of showing (1) a constitutional violation under current law, and (2) that the defendants’ actions … were objectively unreasonable in light of the law that was clearly established at the time of the actions complained of.

Rushing v. Yeargain

District Court, M.D. Louisiana · Jul 11, 2022

This is clearly not true when looking at Blanche’s career as a whole (see, e.g., Doc. 85-40 at 9; Doc. 85-34 at 7), and, when one turns to the cited document and page number, Blanche merely states that, although he has … This opinion and the other non- redacted portion of Wallis’ report are Wallis’ opinion that the Faculty Senate failed to follow its own by-laws and established parliamentary procedures.

Nelson v. Landry

District Court, M.D. Louisiana · Feb 2, 2024

Defendant clearly objects to showing others an identification that reads “SEX OFFENDER” in big orange letters because of the social consequences of that message rather than for religious or political reasons. … The fact that a license plate was found to be government speech did not immunize it from a compelled speech analysis.

Randall v. Bay Insurance Risk Retention Group, Inc.

District Court, M.D. Louisiana · Feb 22, 2021

In short, the disputed allegations are clearly material, and, on this ground alone, Defendants’ motion could be denied. See Omega Hosp., LLC v. United HealthCare Servs., Inc., No. 16-560, 2020 WL 7049857, at *13 (M.D. … In doing so, the court reasoned that “the Parish’s state law discretionary immunity defense ha[d] no bearing upon the subject matter of the litigation” insofar as the plaintiff had not asserted any state law claims.

Louisiana Generating LLC v. Illinois Union Insurance

121 F. Supp. 3d 588 · District Court, M.D. Louisiana · Aug 5, 2015

LA Gen’s arguments, meanwhile, primarily use the plain reading approach; they argue that the three costs fall clearly within the common meanings of the terms used in the policy, particularly “remediation costs.” … Based on a plain reading of “mitigate,” “abate,” and “remediation costs,” coupled with the extrinsic evidence available, the installation on unit 3 qualifies under the policy.

Hicks

District Court, M.D. Louisiana · Jul 29, 2026

The district judge ruled on various Rule 12 motions, and the action faced various stays in light of asserted qualified immunity defenses and appeals of the district judge’s rulings. (See R. … Plaintiff has not established any legal basis for an award of sanctions in light of the representation of the Defendants.

Frank v. O'Malley

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

Bowen, the Fifth Circuit held that the statute and the underlying Congressional intent “clearly allows an adjustment for changes in the cost of living,” but “does not absolutely require 6 R. … Full or partial remittance of the awarded fee is contingent upon a determination by the Commissioner that Plaintiff does not owe any qualifying, pre-existing debt(s) to the United States of America.

Mealy v. Gautreaux

District Court, M.D. Louisiana · Dec 1, 2020

It clearly provided notice to Defendant of its contents and these included alleged deficiencies in EBRPP’s healthcare which bear on Plaintiff’s claims. … If being offered solely for the purpose of establishing notice and not for the truth of its contents, then the HMA report is not hearsay under Fed. R. Evid. 801(c)(2).

Summers v. State of Louisiana, Department of Health and Hospitals

District Court, M.D. Louisiana · Sep 27, 2022

The party invoking federal jurisdiction bears the burden of establishing these elements. … Civil commitment procedures are established in Title 28 of the Louisiana Revised Statutes. Under La.

D.B. v. CorrectHealth East Baton Rouge, LLC

District Court, M.D. Louisiana · Aug 5, 2020

The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements. Where, as here, a case is at the pleading stage, the plaintiff must clearly ... … As the Fifth Circuit recently explained: To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) that he is a qualified

Thornton

District Court, M.D. Louisiana · Jul 29, 2026

The amended complaint should clearly set out what Plaintiff is claiming each named defendant did or did not do to harm her and under what statutory provisions she is seeking recovery.66 It should also contain sufficient … stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or showing that the materials cited do not establish

Gantt v. Boone, Wellford, Clark, Langschmidt & Pemberton

559 F. Supp. 1219 · District Court, M.D. Louisiana · Mar 17, 1983

By the terms of that paragraph it clearly agreed to cover whatever amount of Turner’s taxes, estimated and accrued by Turner, that Turner did not have cash on hand to cover. … For these reasons, plaintiff has failed to establish the liability of the Omni defendants. II.

Williams v. Genesis Energy, LLC

District Court, M.D. Louisiana · Mar 31, 2021

Additionally, Oris argues he can establish a prima facie case of racial discrimination because: (1) he is a black man and thus, a member of a protected class; (2) he was qualified for the position of lead operator based … Under Title VII, a prima facie case of racial discrimination is established once the plaintiff has proven: (1) he is a member of a protected class; (2) he was qualified for his position; (3) he was subjected to an adverse

St. Pierre v. DuPont Specialty Products USA, LLC

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

“A plaintiff can do so by showing that: (1) a discriminatory reason more likely motivated the employer; (2) the employer’s reason is unworthy of credence; or (3) he is clearly better qualified than the person selected … Pierre has established a prima facie case of age discrimination. 2 Moreover, if St.

Abshire v. Livingston Parish

District Court, M.D. Louisiana · Mar 30, 2023

Likewise, Plaintiffs failed to establish that Mr. Abshire was “disabled,” as is required to receive damages under this statute. (Id. at 9–10.) To qualify as “disabled,” Mr. … Here, Plaintiffs clearly allege that Mr. Abshire had cancer, (Doc. 1 at ¶¶ 22–24).