Case law

Peart v. Chaze

13 F.2d 908 · District Court, W.D. Louisiana · May 14, 1926

All of this I think clearly indicates a continuing desire that the' money should be paid to his mother. … The intent to designate the niece as residuary beneficiary is explicitly established.

Miner v. Johns

589 B.R. 51 · District Court, W.D. Louisiana · May 23, 2018

In reaching this conclusion the Prigge court noted that Congress added section 1322(f) to the Code, which clearly states that payments for 401(k) loans are not to be considered disposable income. Id. at 677 . … The "means test" utilizes the National and Local Standards established by the IRS for expenses in a given location.

Higginbotham v. Mobil Oil Corporation

360 F. Supp. 1140 · District Court, W.D. Louisiana · Jun 25, 1973

Francis Nell Higginbotham, is the duly qualified testamentary executrix of the Succession of Marshall K. … Higginbotham, the personal representative of his estate, and the duly qualified tutrix of Donna Joyce Higginbotham. 2. At the time of the accident, Marshall K.

Robinson v. Calcasieu Parish School Board

District Court, W.D. Louisiana · Apr 22, 2022

Texas Workforce Com’n-Civil Rights Div., 775 F.3d 685 (5th Cir. 2014), “We have held that a plaintiff may establish pretext by demonstrating that he was ‘clearly better qualified’ such that ‘the qualifications are … Indeed, an employee’s “better education, work experience, and longer tenure with the company do not establish that he is clearly better qualified.” Price, 283 F.3d at 723.

Sewell v. United States

629 F. Supp. 448 · District Court, W.D. Louisiana · Feb 24, 1986

Holton, who was the only qualified radiologist who testified, was of the opinion that the bone scan and the x-rays taken at the VA were inconsistent. Dr. … The plaintiff, of course, carries the burden of establishing these damages by a preponderance of the evidence.

Louisiana Ex Rel. Guste v. United States

656 F. Supp. 1310 · District Court, W.D. Louisiana · Dec 19, 1986

The plaintiffs’ position ignores the permissive nature of the revenue sharing authority established in § 8(g)(3). … Accordingly, MGF should have been aware that it could not qualify to receive disclosure of protected material under Paragraph 2(e) of the order.

United States v. Louisiana

952 F. Supp. 1151 · District Court, W.D. Louisiana · Jan 24, 1997

Lopez, Clark, and Allen clearly counsel otherwise. … Three well-established principles guide our analysis.

United States v. State of La.

952 F. Supp. 1151 · District Court, W.D. Louisiana · Jan 24, 1997

Lopez, Clark, and Allen clearly counsel otherwise. … Three well-established principles guide our analysis.

Fontenot v. United States (In re Fontenot)

153 B.R. 165 · District Court, W.D. Louisiana · Jan 25, 1993

The testimony clearly establishes the following facts: 1. Ms. Fontenot did not have the financial wherewithal to acquire the business. … Mere negligence does not establish willfulness. Gustin, 876 F.2d at 492 .

Broussard v. Missouri Pac. R.

47 F. Supp. 750 · District Court, W.D. Louisiana · Nov 27, 1942

Kennedy, who, at the time, was the duly qualified agent for service of process of Missouri Pacific Railroad Company, the corporation ; a second, reading in part: “ ‘John W. … Thompson, Trustee, Missouri Pacific Railroad Company, Debtor, through his designated and qualified agent for the service of process in Louisiana, H.

Francis v. Ouachita Parish Corrections

District Court, W.D. Louisiana · Sep 6, 2024

Here, the Court should dismiss Plaintiff’s claims against these entities and groups because they do not qualify as juridical persons. See Cozzo v. … 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

Rasmussen v. Metropolitan Life Insurance

675 F. Supp. 1497 · District Court, W.D. Louisiana · Dec 23, 1987

Clearly, the individual policy does not constitute a “plan” within the meaning of ERISA. … Clearly, this result is inconsistent with the policy and express language of ERISA.

Wright v. SOUTHWESTERN LIFE INSURANCE COMPANY

364 F. Supp. 981 · District Court, W.D. Louisiana · Aug 1, 1972

The evidence clearly shows that that phrase was not meant to give Wright an exclusive position with the Company in writing tax-sheltered annuities. … a) No service commissions will be allowed with respect to any policy unless the application on which it is issued is received by the Company at its Home Office in a contract year of the basic contract in which the Agent qualifies

Bourgeois v. United States Coast Guard

151 F. Supp. 3d 726 · District Court, W.D. Louisiana · Dec 17, 2015

Co., 1995 WL-110593 (E.D.La.1995) (“[a]s a person of Cajun descent, [the plaintiff] qualified as minority under the statute proscribing discrimination based on national origin.”). … The plaintiff further argues the foregoing evidence is clearly related to thé employment decisions at issue and, also, constitutes direct evidence of discrimination.

Sinclair v. Beacon Gasoline Co.

447 F. Supp. 5 · District Court, W.D. Louisiana · Jun 14, 1976

. § 201 , et seq., had a two-pronged purpose of establishing a minimum wage and setting forth a maximum workweek beyond which overtime compensation would be due to qualifying employees. 29 U.S.C. §§ 206 , 207. … Clearly, then, drivers of motor vehicles of private carriers of property by motor vehicle are not entitled to overtime compensation under 29 U.S.C. § 207 (a)(1).

Frazier

District Court, W.D. Louisiana · Mar 24, 2026

The plaintiff bears the burden of establishing that equitable tolling applies. Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998); see also Ramirez v. … Here, the Sabine Parish Sheriff’s Office does not qualify as a juridical person. See Cozzo v.

Purvis

District Court, W.D. Louisiana · May 7, 2026

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … 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

Grant v. Farm Credit Bank of Texas

841 F. Supp. 186 · District Court, W.D. Louisiana · Oct 27, 1992

Plaintiff clearly fails to state a cause of action for intentional infliction of emotional distress against any of the defendants. 2. … Indeed, Plaintiff fails to establish the existence of any contractual rights with which FCBT might of interfered.

Harrison v. Glendel Drilling Co.

679 F. Supp. 1413 · District Court, W.D. Louisiana · Feb 22, 1988

The facts in the present case, however, are clearly distinguishable from those in Parker . … On the contrary, the facts and authorities establish and recognize the need for local and state control of medical malpractice claims.

Johnson v. JP Morgan Chase Bank, N.A.

293 F. Supp. 3d 600 · District Court, W.D. Louisiana · Feb 14, 2018

Defendant argues that Plaintiff fails to establish a prima facie case of retaliation because he provides no evidence establishing that he participated in a protected activity. [Doc. No. 22-1, p. 21]. … Under this framework, an aggrieved employee must first establish a prima facie case of discrimination by demonstrating: "(a) she is disabled, has a record of having a disability, or is regarded as disabled, (b) she is qualified