Case law

Larche v. Hannah

176 F. Supp. 791 · District Court, W.D. Louisiana · Jul 12, 1959

Let the power once be established, and there is no knowing where the practice under it would end.’ … These authorities, therefore, clearly establish additional reasons why plaintiffs should be granted immediate relief.

Pappion

District Court, W.D. Louisiana · Dec 16, 2025

The record clearly indicates that Plaintiff was not qualified for the position, he had multiple instances of absenteeism, and he lacked leadership qualities. … Additionally, Plaintiff has not demonstrated that Defendant’s proffered explanation was false or unworthy of credence, or that Defendant was clearly better qualified than his co-worker.

Celestain v. Vermilion Parish School Board

364 F. Supp. 618 · District Court, W.D. Louisiana · Jun 26, 1972

(Emphasis supplied) It further clearly stated the rule that: “In addition if there is any such dismissal or demotion, no staff vacancy may be filled through recruitment of a person of a race, color, or national origin different … He is fully qualified for this position as well. He has declined these offers.

Louisiana College v. Sebelius

38 F. Supp. 3d 766 · District Court, W.D. Louisiana · Aug 13, 2014

Alternatively, Defendants argue that any burden is too attenuated to qualify as substantial. D. … GuideStone established the GuideStone Plan as a multiple-employer, self-insured health plan that qualifies as a "church plan” and thus is not subject to ERISA.

Gray v. Hartford Accident & Indemnity Co.

31 F. Supp. 299 · District Court, W.D. Louisiana · Feb 2, 1940

Moreover, and finally, the following language from the Quatray case qualifies definitely the holding of Sincer v. … Also, all related matters growing out of one occurrence, this highway accident, will be settled, definitely and clearly, in one action.

Rickey v. United States

427 F. Supp. 484 · District Court, W.D. Louisiana · Nov 16, 1976

Although this Article by its terms creates only a right in the corporation to have the first chance to redeem such shares, testimony at the trial clearly established that all the shareholders considered the corporation obligated … It was not until the 1973 case of Estate of Crawford, supra, that a court had clearly held that an estate could file such an agreement.

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Oct 3, 2024

Kelly also asserts qualified immunity “[t]o the extent Plaintiffs intended to also assert § 1983 claims against [Kelly] in his individual capacity;” (Id. at p. 3) however, as Kelly is named only in his official capacity … , the Court need not address the issue of qualified immunity.

Joseph v. R B D C

District Court, W.D. Louisiana · Sep 18, 2024

RDC does not qualify as a juridical person; accordingly, the Court should dismiss Plaintiff’s claims against RDC. 3. … 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

Crandell v. Cain

421 F. Supp. 2d 928 · District Court, W.D. Louisiana · Aug 25, 2004

That evidence (the State now concedes) established a prima facie case under Castaneda (the relevant “clearly established Federal law”) and its progeny, and the State presented no evidence (in the State court proceedings) … Johnson, 138 F.3d 1007, 1012 (5th Cir.l998)(counsel need not pursue an issue that “would have been futile in light of existing state law and the right was not clearly established under federal law”); Lucas v.

U.S. Equal Employment Opportunity Commission v. Council for the Advancement of Social Services and Education d/b/a CASSE Community Health Institute

District Court, W.D. Louisiana · Jan 5, 2026

Chumley’s comment, the third element of the retaliation claim is clearly met. Therefore, the EEOC has established a prima facie case for the retaliation claim. … Therefore, the EEOC has established that Johnson was qualified.

Consolidated Aluminum Corp. v. C.F. Bean Corp.

639 F. Supp. 1173 · District Court, W.D. Louisiana · Jul 16, 1986

Surveys performed following the accident established that the Texaco pipeline was clearly marked and buried to its required depth or greater, particularly in the area of the break. 36. … Even if this Court were to assume that the pipeline was mislaid as Bean contends, the evidence clearly establishes that Bean did not follow the requirements for dredging over and around Texaco’s pipeline, and that Bean’s

Poynter v. United States

55 F. Supp. 2d 558 · District Court, W.D. Louisiana · Jun 29, 1999

The primary goal of the procedures established by the F.T.C.A. is to facilitate satisfactory administrative settlements. Johnson v. United States, 704 F.2d 1431 (9th Cir.1983). Mr. … Finally, Defendants contend that Plaintiffs’ F.T.C.A. claims are barred by the discretionary function exception to the F.T.C.A. 28 U.S.C. § 2680 (a) provides an exception to the general waiver of sovereign immunity under

Eversull v. Valley Farmers Co-Op Inc

District Court, W.D. Louisiana · Aug 9, 2021

Valley Farmers filed its motion for summary judgment asserting all claims should be dismissed as Eversull could not establish he was a qualified individual under the ADA. … “To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability, was regarded as disabled or has a record of having a disability; (2) that he was qualified for the

Metoyer v. AMERICAN EAGLE AIRLINES, INC.

806 F. Supp. 2d 911 · District Court, W.D. Louisiana · Apr 18, 2011

His profane, abusive, and disrespectful behavior — even the limited amount he admitted to in his deposition, much less the more extreme conduct Defendant alleges he actually engaged in— was clearly inappropriate, and sufficiently … the communications are protected by this qualified privilege.

Morris v. Coker

923 F. Supp. 2d 863 · District Court, W.D. Louisiana · Feb 11, 2013

Not every factor need be met in order to establish vicarious liability. Miller v. Keating, 349 So.2d 265, 268 (La.1977). … They argue that these cases establish that the words “the Insured” are ambiguous and therefore must be construed against the insurer.

Reeves v. International Telephone & Telegraph Corp.

357 F. Supp. 295 · District Court, W.D. Louisiana · Apr 27, 1973

These regulations establish certain basic criteria which an employee must meet to be considered exempt under the Act. … Clearly Reeves in no way was a white-collar employee.

Thomisee

District Court, W.D. Louisiana · Nov 3, 2025

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. … The prisoner must show that prison officials “‘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 any

North Central Utilities, Inc. v. Consolidated Pipe & Supply Co.

62 F.R.D. 676 · District Court, W.D. Louisiana · Apr 12, 1974

Plastics, Inc., a Mississippi corporation, which has its principal place of business in Mississippi and is not qualified to do business in Louisiana. … La.R.S. 13:3201(d), as interpreted in the cited decisions, clearly renders U. S. Plastics amenable to process.

Williams v. James

34 F. Supp. 61 · District Court, W.D. Louisiana · Jul 26, 1940

The venue in this case is clearly established as the plaintiffs have residence in this district. Judicial Code, Section 51, 28 U.S.C.A. § 112 (a). … We have been unable to imagine a factual situation where Rule 4 (f) could be applied at all, if it be qualified 'as being of substantive jurisdiction and as not being merely procedural.

United States v. Bossier Parish School Board

220 F. Supp. 243 · District Court, W.D. Louisiana · Aug 20, 1963

Clearly, notwithstanding its protests to the contrary, the Government hiere is attempting to accomplish indirectly that which it cannot do directly, namely, to eliminate alleged discrimination against federal children on … The remaining interest it asserts-is that of preserving an efficient military establishment.