Case law

Brown v. St Martinville Parish Jail Medical Dept

District Court, W.D. Louisiana · Apr 13, 2022

He should amend to comply with Rule 8 and to provide facts to establish what EACH defendant did that displayed a subjective intent to cause harm. … Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person.”

Dupree v. J. Ray McDermott & Co.

369 F. Supp. 1055 · District Court, W.D. Louisiana · Jan 28, 1974

It is further undisputed that if either Larry Jones or Frank Gibbons would qualify as an insured under paragraph (c) then McDermott would also qualify as an insured under paragraph (d) with respect to that person since it … All of these acts were clearly independent acts of negligence relating to his failure of general supervision.

Thomas v. East Carroll Parish

District Court, W.D. Louisiana · Jul 24, 2025

Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. Id. … Here, the Court should dismiss Plaintiff’s claims against these Defendants because they do not qualify as juridical persons. See Henderson v. Mid States Servs., Inc., 67 F.

Milburn v. Proctor Trust Co.

54 F. Supp. 989 · District Court, W.D. Louisiana · Apr 15, 1944

any such foreign corporation”; and (c) consequently, when the plaintiffs initiated their action in the state court the act could not be used by them as a bar to the counterclaim of the defendant, the counterclaim being clearly … Therefore, the initiation by these plaintiffs of their main suit cannot under the law become an implied waiver by them, as individuals, of the established law for the general good.

Kemp v. Powers

District Court, W.D. Louisiana · Dec 10, 2024

The complaint lacks an arguable basis in fact if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless. Rogers v. … They have qualified immunity for routine duties not explicitly commanded by a court decree or by a judge’s instructions. Clay v. Allen, 242 F.3d 679, 682 (5th Cir. 2001); Tarter v.

Federal Deposit Insurance Corp. v. Caplan

874 F. Supp. 741 · District Court, W.D. Louisiana · Jan 11, 1995

Rather, the case establishes that fraud or self-dealing can convert a negligence claim against a fiduciary into a personal claim. Id. … Thus the disorder qualified as the necessary condition. In L & M Hair Care Products, Inc. v.

Doyle v. Division No. 1127 of Amalgamated Ass'n of Street, Electric Ry. & Motor Coach Employees of America

76 F. Supp. 655 · District Court, W.D. Louisiana · Apr 29, 1947

It has been proved clearly that the camp-shuttle operations were apart, separate and distinct, from the more exacting inter-city transportation. … There is another type of co-complain.ant — not ex-service men, who are seeking to be given preference without ever having .qualified as inter-city drivers.

Breen v. Caddo Correctional Center

District Court, W.D. Louisiana · Sep 5, 2024

contentions are clearly baseless. Id. … A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for

Magnolia Island Plantation L L C v. Lucky Family L L C

District Court, W.D. Louisiana · Nov 20, 2020

capacity—and alternatively, that the Sheriff violated a clearly established constitutional right and therefore cannot satisfy the qualified immunity defense. … Notwithstanding this finding, summary judgment would be appropriate if Sheriff Whittington were to establish that he is entitled to protection from suit under qualified immunity.

Williams v. Kimbrough

295 F. Supp. 578 · District Court, W.D. Louisiana · Jan 28, 1969

Clearly Williams’s and Cockerham’s dismissals were the result of faculty desegregation. Phillips admitted that he so informed the teachers that this was so, by letter and in person. … A further factual hearing may be necessitated to establish the quantum of damages, if any. Intervenor-plaintiffs should present a proper decree. 1 .

Julien v. Kaplan City Police

District Court, W.D. Louisiana · Jun 22, 2023

To prevail on an excessive force claim, Plaintiff must show an injury that resulted directly and only from a clearly excessive use of force, and the excessiveness of which was clearly unreasonable. Trammell v. … He should provide, if available, court minutes to establish whether any probable cause determinations were made with respect to the arrest of which he complains.

Phillips v. Whittington

District Court, W.D. Louisiana · Dec 2, 2019

The opinion itself is a public record and does not qualify for any privilege or immunity. … Bates No. 0540-0680: These documents and communications are clearly protected by the attorney-client privilege, attorney work product immunity, or both.

Eaton v. Woodlawn Manor Inc

District Court, W.D. Louisiana · Oct 5, 2021

“[T]he PREP Act is, at its core, an immunity statute; it does not create rights, duties, or obligations.” Dupervil, 516 F.Supp.3d at 251. … Here, weighing these factors clearly indicates that the Court should decline to exercise supplemental jurisdiction.

Jackson v. Guissinger

589 F. Supp. 1288 · District Court, W.D. Louisiana · Jun 12, 1984

The agency did not provide Jackson with a pretermination opportunity to establish eligibility for Medicaid on other grounds. … The total sum clearly exceeds the applicable standard of need and the lump sum rule is thus applicable to the whole amount.

Shreveport Long Leaf Lumber Co. v. Wilson

38 F. Supp. 629 · District Court, W.D. Louisiana · May 2, 1941

Wilson’s citizenship in Arkansas precedes that in Louisiana, and we subscribe to the presumption that a - legal domicile once gained continues until another is clearly and legally acquired. … Truman, Arkansas, was closed, the last withdrawal being in March, 1940; that concurrently a bank account was opened by the. defendant at Spring-hill, Louisiana; that during the years 1939-1940 the defendant took steps to qualify

Lunday-Thagard Co. v. United States Department of the Interior

620 F. Supp. 3 · District Court, W.D. Louisiana · Dec 6, 1984

The DOI would have us dismiss the suit for want of subject matter jurisdiction, arguing that Congress has not waived the *4 United States’ sovereign immunity for claims based upon section 210 of the ESA. … Union Oil Co. of Cal., 567 F.2d 984 (TECA 1977), “clearly indicate the inapplicability of 28 U.S.C. § 2401 (a) ..., since they state unequivocally that no federal limitation period applies.”

Morris v. Graphic Packaging International L L C

District Court, W.D. Louisiana · Oct 17, 2019

Morris opposes GPI’s Motion for Summary Judgment, contending that the unsigned Purchase Order cannot qualify as a written contract under LA. REV. … Under these principles, the undisputed facts in the record clearly establish the existence of a written contract which was accepted by performance.

Coreil v. Pearson

242 F. Supp. 802 · District Court, W.D. Louisiana · May 28, 1965

From the foregoing cases it is to be noted that the Supreme Court has established a dual test to determine whether a court may assert personal jurisdiction over a nonresident defendant without depriving him of due process … Casualty Co. of New York, 129 So.2d 816 , (La.App. 1961), (waiver of State’s immunity from liability); General Motors Acceptance Corp. v.

Breckeen v. Soileau

District Court, W.D. Louisiana · Aug 5, 2024

The two officers moved to dismiss the complaint asserting qualified immunity. Id. The district court denied the officers’ motions and the Fifth Circuit upheld that denial. … was ‘clearly established’ at the time of the defendant[s'] alleged misconduct.’”

Gulf Refining Co. of Louisiana v. Phillips

5 F.2d 514 · District Court, W.D. Louisiana · Feb 20, 1925

, if not derived from the United States, al-, though that franchise is the business of interstate commerce, is subject to state taxation as a part of its property,” The taxes sought to be imposed in the present ease are clearly … The matter, by the Constitution and laws of the state, is left to the discretion of the school authorities, subject to the approval of the property taxpayers' qualified to vote under the law, and I am convinced that all requirements