Case law

Mayo v. Zurich General Accident & Liability Ins. Co.

106 F. Supp. 579 · District Court, W.D. Louisiana · Aug 16, 1952

No doubt the real reason was that he would have had to. sue that fellow-citizen alone without being permitted to let the jury know there was any liability insurance, a requirement clearly intended to protect the insurer from … It provided that any one who had qualified to do business in the State should, for all purposes, be held “to be domiciled in” Oklahoma, and if they “declared in writing before any court” of the State a different domicile,

Holder v. Cooley

District Court, W.D. Louisiana · Jul 27, 2023

Judge With respect to Judge Lori Landry, it is well established that judges enjoy absolute immunity from liability for damages arising out of performance of their … To establish a constitutional violation, an inmate must show that he suffered a qualifying adverse retaliatory act.

Wilson v. Ogden

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

To overcome an officer’s claim of qualified immunity, a plaintiff must show “(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly

Evans v. North Street Boxing Club

83 F. Supp. 2d 744 · District Court, W.D. Louisiana · Dec 16, 1999

As the law is clearly established on the issue of individual liability under Title VII, it was unreasonable for Evans to bring a claim against Ward and West under Title VII, entitling them to attorneys fees. … Whether NSBC qualifies as an employer is beyond the scope of the motion before the court.

State of La. v. Department of Energy

507 F. Supp. 1365 · District Court, W.D. Louisiana · Feb 20, 1981

It was to control inflation by limiting the price of oil then being produced to an established “ceiling price”. … On the other hand, there may be LOC units that clearly qualify, but not because they are LOC units.

Cudd v. Great American Insurance Company

202 F. Supp. 237 · District Court, W.D. Louisiana · Feb 21, 1962

D.Penn., 1958), the Court held that, notwithstanding the third-party defendant’s immunity from judgment, but recognizing that an injured party can make but one recovery and invoking principles of equity, the amount paid to … Mitigation of damages has been held allowable where the relationship of joint tort-feasors has not been judicially established.

Viator v. Gordon's Trucking Co.

875 F. Supp. 369 · District Court, W.D. Louisiana · Feb 8, 1995

When Thibodeaux’s view was impaired, he could easily have required clearance from Viator before lowering a load of trees in the drop area not clearly visible to him. … The testimony established that Thibodeaux and Viator had working radio communication with each other.

Trotter v. Ruff

District Court, W.D. Louisiana · Jul 9, 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. … Here, Shreveport Police Department does not qualify as a juridical person. See Cozzo v.

Brewington v. United States

District Court, W.D. Louisiana · Jun 6, 2023

The “plaintiff has the burden of . . . establishing that the [DFE] does not apply.” Spotts v. United States, 613 F.3d 559, 569 (5th Cir. 2010) (citing St. Tammany Par., ex rel. Davis v. Fed. Emergency Mgmt. … The decision is clearly one that involves judgment or choice.” Green v. United States, No. CIV.A. 94-5706, 1995 WL 574495, at *4 (E.D. Pa. Sept. 22, 1995).

Capers v. Walmart Louisiana L L C

District Court, W.D. Louisiana · Jul 22, 2025

He submits that this statement establishes “discriminatory bias.” See id. Alternatively, Mr. … He asserts that “[n]one of the challenged exhibits are accompanied by an affidavit or declaration from a custodian of records or other qualified witness establishing that the documents are what [Walmart] claims them to

United States ex rel. General Electric Co. v. Southern Construction Co.

229 F. Supp. 873 · District Court, W.D. Louisiana · May 8, 1964

For clearly, the new and changed language of subpárt (b) must be read and interpreted in pari materia with the long-established and unaltered expressions which Congress allowed to stand intact in subpart (a). … “So, notwithstanding Congress’ failure, in amending subpart (b), to repeat for a third time in the same short section the qualifying words ‘for which claim is made’, which if done would have been a burdensome redundancy,

Washington v. T. G. & Y. Stores Co.

324 F. Supp. 849 · District Court, W.D. Louisiana · Apr 9, 1971

Defendant would have us hold that this dicta establishes the requirement of prompt service of the charge on the employer as jurisdictional in nature. … known to our society, for it deals not with just an individual’s sharing in the ‘outer benefits’ of being an American citizen, but rather the ability to provide decently for one’s family in a job or profession for which he qualifies

Service MacHine & Shipbuilding Corp. v. Edwards

466 F. Supp. 1200 · District Court, W.D. Louisiana · Feb 13, 1979

The parish’s interests in keeping out fugitives and in solving crimes are clearly more important than the justifications offered in Shapiro. … SECTION 8: The Police Jury shall establish an office for the administration and enforcement of this ordinance, and may prescribe forms to be completed, identification cards to be issued and records to be maintained.

Craft v. Max Access L L C

District Court, W.D. Louisiana · Aug 7, 2023

liability.2 In its First Affirmative Defense, Lemoine asserts that all of Plaintiffs’ claims against Lemoine are precluded by the exclusivity provisions in the Louisiana Worker’s Compensation Act (“LWCA”) because it qualifies … The Court refers to this concept of an exclusive remedy through worker’s compensation benefits as “tort immunity.”

Drefchinski v. Regan

589 F. Supp. 1516 · District Court, W.D. Louisiana · Jun 25, 1984

Drefchinski did not indicate anywhere on the 1040 form that her war tax deduction was qualified in any way. … She cites several cases in an attempt to establish that a war tax deduction is not wholly without legal basis.

Bell v. Cactus Wellhead L L C

District Court, W.D. Louisiana · Sep 12, 2024

Green, 411 U.S. 792 (1973), “whereby a plaintiff must first establish a prima facie case of discrimination. … Bell can establish a prima facie case by providing evidence that he: “(1) is a member of a protected class; (2) was qualified for h[is] position; (3) was subject to an adverse employment action; and (4) was replaced by

Parish v. National Collegiate Athletic Association

361 F. Supp. 1214 · District Court, W.D. Louisiana · Mar 27, 1973

Clearly, the plaintiffs have standing in this matter for they are directly affected by any ruling the NCAA promulgates that declares them ineligible to compete in interscholastic athletics in the school of their choice. … The Association assists, advises and aids in the effort, establishes standards and supervises and coordinates what the fielded teams do.

Federal Home Loan Bank Board v. Hague

664 F. Supp. 245 · District Court, W.D. Louisiana · Jun 16, 1987

While such a claim may be a defense to a later attempt by the FHLBB to seek contempt for violation of the order, it is clearly not relevant at this time. … Both entities enjoy sovereign immunity from such suits and may not be sued directly. Rather, the exclusive party against whom a claimant may proceed here is the United States. Vernell v. U.S.

Crawford v. Roadway Express, Inc.

485 F. Supp. 914 · District Court, W.D. Louisiana · Feb 26, 1980

However, Mike Jackson testified that at the time of this incident, he, Jackson, was qualified to drive into the city and was an unassigned employee. … The evidence clearly establishes that Crawford was subject to calculated and blatant retaliation in direct violation of Title VII.

InPwr Inc v. Olson Restoration L L C

District Court, W.D. Louisiana · Jun 23, 2022

In short, LCMH clearly believes that the Inskeep Email is evidence of the fraudulent activity it seeks to expose,5 but LCMH does not show that the Inskeep Email was made in furtherance of that fraudulent activity. … Application of law governing waiver of privilege In its reply brief, LCMH raises the argument that the Inskeep email does not qualify for protection under laws governing inadvertent disclosures because, in