Case law

McIlhenny Co. v. Bulliard

33 F.2d 978 · District Court, W.D. Louisiana · Jul 23, 1928

(4) Should the prayer of respondent to modify the decree of June 7, 1926, so as to *980 eliminate the qualifying words required thereby in the use of the phrase “Made from tabasco peppers,” be granted? … My conclusion is that the decree went no further than was necessary under the circumstances, and, since it was admittedly violated, the complainant is entitled to such profits and damages as it may have established. 2.

Southern Lands, Inc. v. Henderson

24 F. Supp. 835 · District Court, W.D. Louisiana · Aug 23, 1938

amended bill for the reason it “does not allege facts constituting an action of a local nature, as defined by the Acts of Congress, sufficient to vest this court with jurisdiction”; that it did not state facts disclosing or establishing … I do not believe that defendants lost or waived anything by this qualified acceptance of service.

Barras v. Garber

District Court, W.D. Louisiana · Sep 25, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is “immunity from suit rather than a mere defense to liability” and should, therefore, be resolved at the earliest possible stage in the litigation. Porter v.

Adams v. Kaplan

District Court, W.D. Louisiana · Jan 8, 2025

Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person.” … Inc., 238 F.3d 636, 643 (5th Cir. 2001), the State has not waived its immunity by consenting to suit, nor has Congress abrogated the Eleventh Amendment immunity by enacting 42 U.S.C. § 1983. See Will v. Mich.

World Wide Street Preachers' Fellowship v. Town of Columbia

411 F. Supp. 2d 671 · District Court, W.D. Louisiana · Jan 25, 2006

If the moving party can meet the initial burden, the burden then shifts to the non-moving party to establish the existence of a genuine issue of material fact for trial. Norman v. … To qualify as a prevailing party the plaintiff must: (1) obtain actual relief, such as an enforceable judgment or a consent decree; (2) that materially alters the legal relationship between the parties; and (3) modifies the

Liles v. Riblet Products of Louisiana, Inc.

363 F. Supp. 358 · District Court, W.D. Louisiana · Sep 7, 1973

As the quid pro quo for subjecting the principal to liability for workmen’s compensation to his subcontractor’s employees, § 1032 of the Act grants the employer immunity from tort liability. … Consequently, the crucial issue we must determine is whether the escort service provided here was a part of Riblet’s business within the meaning of the statute, so as to establish workmen’s compensation benefits as the exclusive

Kaplan

District Court, W.D. Louisiana · Mar 20, 2026

, qualified immunity, and statutory immunity for discretionary acts. … Under federal law, to overcome qualified immunity, a plaintiff must show: “(1) that the officer ‘violated a federal statutory or constitutional right’ and (2) that ‘the unlawfulness of the[] conduct was clearly

Addington v. Bayou Dorcheat Correctional Center

District Court, W.D. Louisiana · Sep 18, 2023

In doing so, the Court also denied Wells’s assertion of qualified immunity. Id. at 19. … would have been on notice that he was violating clearly established law.”

Tippit

District Court, W.D. Louisiana · Jan 22, 2026

The Fifth Circuit has consistently held that 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 … Pope, 793 F.2d 1072, 1078 (9th Cir. 1986) (“[A] conspiracy between judge and prosecutor to predetermine the outcome of a judicial proceeding, while clearly improper, nevertheless does not pierce the immunity extended to

Harris v. State Farm Fire & Casualty Co.

178 F. Supp. 2d 680 · District Court, W.D. Louisiana · Sep 13, 2001

“A genuine issue of material fact exists when evidence shows the plaintiff was ‘clearly better qualified’ than [other] employees who were [promoted]. … To establish her prim a facie ease, Harris must show that (1) she was forty years of age or older at the time of the failure to promote, and, thus, a member of a protected class; (2) she applied and was qualified for the

McCrory v. Harp

31 F. Supp. 354 · District Court, W.D. Louisiana · Feb 9, 1940

prays that he be ordered to account for all revenues received from the properties subsequent to the date of qualifying as executor. … Tompkins, supra, we are of the view that this previous legal recognition becomes the more firmly established. Therefore, we must apply the Louisiana law of prescription (limitation, at common law).

U.S. Equal Emp't Opportunity Comm'n v. Mid S. Extrusion Inc.

341 F. Supp. 3d 653 · District Court, W.D. Louisiana · Oct 18, 2018

If the moving party can meet the initial burden, the burden then shifts to the nonmoving party to establish the existence of a genuine issue of material fact for trial. Norman v. … Wyant's testimony is in some respects corroborated by the email from Shore to Landry which clearly reflect a concern with "all the health problems he has."

Blacks United for Lasting Leadership, Inc. v. City of Shreveport

71 F.R.D. 623 · District Court, W.D. Louisiana · Jul 16, 1976

Comprising, as they do, a sizeable constituency, blacks clearly have influence — sometimes decisive — at the polls. … The individual plaintiffs are qualified, registered voters of Shreveport.

Carroll v. Sears, Roebuck & Co.

514 F. Supp. 788 · District Court, W.D. Louisiana · Apr 20, 1981

He simply assumes that if 20 of 100 whites are qualified to be mechanics, then 20 of 100 blacks are qualified for mechanics positions. But, Dr. … qualified labor market.”

Wells v. Freeport-McMoran, Inc.

715 F. Supp. 155 · District Court, W.D. Louisiana · Dec 8, 1988

These provisions clearly demonstrate that under Louisiana law, both TEST and Cooper contracted with the defendant to establish a principal-independent contractor relationship. … Louisiana law recognizes two exceptions to a principal’s immunity to vicarious liability for its independent contractor’s negligence.

Boudreaux v. Rice Palace, Inc.

491 F. Supp. 2d 625 · District Court, W.D. Louisiana · Jun 11, 2007

Administrative Appeals Judge decision 5 that there was no evidence of gross misconduct on the part of plaintiff as concerned the reasons for her termination of employment, and then failing to appeal such decision, defendants were clearly … Upon notification of a qualifying event, the plan administrator must notify each qualified beneficiary of his or her COBRA continuation rights.

North Louisiana Rehabilitation Center, Inc. v. United States

179 F. Supp. 2d 658 · District Court, W.D. Louisiana · Nov 8, 2001

Conclusion For the foregoing reasons, the Court concludes that the Magistrate Judge’s Order was not clearly erroneous and contrary to law. … Therefore, in order to qualify for relief under Section 530, Plaintiff must establish that “(1) [Plaintiff] has not treated any individual as an employee who holds a substantially similar position as those classified as independent

Tyson v. Daspit

District Court, W.D. Louisiana · Oct 1, 2020

When examining whether qualified immunity bars a claim, courts must ask whether the plaintiff has alleged the violation of a clearly established constitutional right, and whether the defendant’s conduct was objectively … reasonable in light of clearly established law at the time of the incident.

Young v. Bassett

District Court, W.D. Louisiana · Mar 4, 2024

They challenge the complaint for failure to state a plausible claim on which relief may be granted and as inadequate to defeat their claim of qualified immunity. … If the case is ever reopened, the court will consider the Rule 12(b)(6) and qualified immunity defenses raised by the motion.

Sharbino v. Richardson

334 F. Supp. 107 · District Court, W.D. Louisiana · Nov 11, 1971

. § 416 (i), to the establishment of a period of disability or under Section 223 of the Act, 42 U.S.C. § 423 , to disability insurance benefits. … In other words, this is a man who lacks the drive, the stamina, the motivation to do continuous work on * * * of the nature in which he was qualified to do, eight hours a day, forty hours a week.