Case law

Constantine v. Southwestern Louisiana Institute

120 F. Supp. 417 · District Court, W.D. Louisiana · Apr 22, 1954

The requirement of equal treatment is clearly one of equal treatment in *421 respect to any one facility or opportunity furnished to citizens, rather than a 'balance in State bounty to be struck from the expenditures and … The State is under no compulsion to establish these colleges, yet if they establish them, the rights of white and Negro alike must be measured by the test of equality in privileges and opportunities.

Higginbotham v. Mobil Oil Corporation

357 F. Supp. 1164 · District Court, W.D. Louisiana · Apr 25, 1973

We find that the evidence clearly establishes that the fracture alleged by plaintiffs’ (and Mobil’s) expert witnesses could not have nucleated, propagated and gone to complete failure during that short period. … However, the language of Moragne, supra, itself clearly establishes that the action of wrongful death exists in General Maritime Law and there is no indication (even though the accident in that case occurred in the territorial

Johnson v. City of Opelousas

488 F. Supp. 433 · District Court, W.D. Louisiana · Apr 16, 1980

This Court feels that the infringement of the individual rights of parent and child involved herein is warranted by the pressing nature of the social need the ordinance was established to promote. … As mentioned above, in addition to meeting all four (4) requisites of 23(a), the Court finds that this action would qualify under subsection 23(b)(2). Rule 23; Huff v. N. D. Cass Co., 485 F.2d 710 (5th Cir.).

Mays v. Chevron Pipe Line Co.

163 F. Supp. 3d 362 · District Court, W.D. Louisiana · Feb 23, 2016

Mays’ statutory employers and thus entitled to tort immunity under Louisiana law. … analysis rejected by the Supreme Court, and allow a random mechanic who might be repairing a third party transport truck on land, used to transport product originating from an OCS platform, to claim longshoreman status — clearly

Lafayette Distributors, Inc. v. United States

397 F. Supp. 719 · District Court, W.D. Louisiana · Jul 23, 1975

Case law, then, clearly favors the taxpayer. … In A & N and here, the end product is the same: A voting trust is established.

Tasker

District Court, W.D. Louisiana · Jun 10, 2026

Under Louisiana law, an entity must qualify as a “juridical person,” which is defined as “an entity to which the law attributes personality, such as a corporation or partnership.” La. Civ. Code art. 24. … Plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Army & Air Force Exchange Service v. Neuman

278 F. Supp. 865 · District Court, W.D. Louisiana · Sep 12, 1967

Should she seek employment for a day to establish the negative fact that she cannot find it? Two days? A week? A month? … Clearly, the only meaningful way to position the parties in such a situation would be to require the party of interest to prove the positive fact — to require her employer to prove she could be employed.

Willis v. Cleco Corp.

927 F. Supp. 2d 372 · District Court, W.D. Louisiana · Feb 22, 2013

Willis was clearly not officially qualified for these positions according to the job posting. Therefore, she has failed to establish the second element of her prima facie case for the 2007 positions. 10 *380 b. Pretext. … Based upon the evidence presented, Willis has not made a showing that she was clearly more qualified than those that were selected for the positions.

Bass v. Retirement Plan of Conoco, Inc.

676 F. Supp. 735 · District Court, W.D. Louisiana · Jan 4, 1988

This is clearly a question of law. No facts relative to this issue are in dispute. C. … Rather, the standard was that established in ERISA for fiduciaries, therefore the issue was one of statutory interpretation.

Holland v. Monroe Police Dept

District Court, W.D. Louisiana · Sep 26, 2024

Here, the Monroe Police Department does not qualify as a juridical person. See Cozzo v. … The decision of when and whether to file criminal charges clearly falls within the scope of a district attorney’s prosecutorial duties protected by absolute prosecutorial immunity. See Imbler v.

Louisiana Education Ass'n v. Richland Parish School Board

421 F. Supp. 973 · District Court, W.D. Louisiana · Oct 26, 1976

Clearly, whether the Court rules on the evidence at the close of petitioner’s case is a matter within its discretion. … In the event that there is not a qualified person of the race specified during the transition period to achieve the 62% - 38% white - black ratio established within this order, and there is a qualified person of the other

Anthony v. School Board of Iberia Parish

692 F. Supp. 2d 612 · District Court, W.D. Louisiana · Feb 5, 2010

They further contend that they are each entitled to qualified immunity. All defendants additionally seek dismissal based on prescription. … The undersigned declines to address the defense of qualified immunity because this affirmative defense was not raised by the defendants in their Answer, [rec. doc. 25].

Hines v. Grand Casinos of Louisiana, LLC

140 F. Supp. 2d 701 · District Court, W.D. Louisiana · Feb 22, 2001

In the case of a party that is immune from suit, joinder is not feasible. See Pit River Home & Agric. Ass’n v. United States, 30 F.3d 1088 , 1100 (9th Cir.1994). … The text of Title VII defines an “employer,” and Congress clearly and unequivocally removed Indian tribes from that definition. See 42 U.S.C. § 2000e (2000).

Addington v. Bayou Dorcheat Correctional Center

District Court, W.D. Louisiana · Mar 31, 2022

Page 18 of 28 The next step in the qualified immunity analysis requires Plaintiffs to establish whether the right was clearly established. … Houston, 964 F.3d 374, 385 (Sth Cir. 2020) (citations omitted) (citing pre-2018 cases for clearly established law). Accordingly, Sergeant Wells is not entitled to qualified immunity at this stage. iv.

Green v. City of Monroe

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

Instead, Green cites legal jurisprudence addressing individual capacity liability and qualified immunity. … For starters, Dixon is not a medical expert sufficiently qualified to form an opinion on Dr. Anderson’s report. See Fed. R. Evid. 702.

Bauer v. United States

449 F. Supp. 755 · District Court, W.D. Louisiana · Feb 28, 1978

The Court stated: “It is, of course, well established that in order for a gift to be deductible under Section 170 it need not be made directly to a qualified donee. … However, it must at least be made ‘for the use of’ a qualified donee.

State of La. v. Department of Energy

519 F. Supp. 351 · District Court, W.D. Louisiana · Jul 7, 1981

The comprehensive system established by LOC was in operation, prior to the establishment of the two-tier system for regulating crude oil prices by CLC. In Grigsby v. … The only reservoir-wide LOC units that are the subject of this action require LOC approval prior to their establishment.

McCall v. Columbia Gas Development Corp.

635 F. Supp. 49 · District Court, W.D. Louisiana · Jan 24, 1986

The Court finds no merit to Consolidated’s argument that PBW effectively waived its tort immunity by entering into an indemnity contract with Columbia, citing Tran v. … The effect of the OAIA is to make the indemnity provision in the agreement void ab initio, thereby precluding any “waiver” of tort immunity by PBW.

Adams v. Gaudet

515 F. Supp. 1086 · District Court, W.D. Louisiana · May 27, 1981

qualified for the job being offered. … In this regard, we feel that the Conecuh decision would be most applicable in cases where the evidence shows that, judged by the governing standards for the job in question, the plaintiff was clearly more qualified than the

City of Alexandria v. CLECO CORP.

735 F. Supp. 2d 448 · District Court, W.D. Louisiana · Aug 3, 2010

R.S. § 2798.1(B) provides a form of qualified immunity to public officers: “Liability shall not be imposed on public entities or their officers or employees based upon the exercise or performance or the failure to exercise … Moreover, the Louisiana Supreme Court limited a subsequent case from the same circuit, which held that “Chaffin clearly establishes that, in some circumstances, a tort action may lie for unwarranted interference by an attorney