Case law

Adams v. DeVille

District Court, W.D. Louisiana · May 17, 2021

It is well established that “suit by private parties to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment.” … Furthermore, there is no provision waiving immunity in the MLSSA.

Haley v. DeSoto Parish School Board

District Court, W.D. Louisiana · Apr 27, 2022

This is a legal conclusion which does not qualify as competent summary judgment evidence. See Cutting v. Underwater Techs. USA, Inc. v. Eni U.S. … Furthermore, the Defendants maintain that there is no evidence to support the argument that Brewer falls outside the protection of statutory immunity under the exception which states, “[t]he immunity from liability established

Jabr v. Rapides Parish School Board Ex Rel. Metoyer

171 F. Supp. 2d 653 · District Court, W.D. Louisiana · Sep 27, 2001

Judgment on the pleadings is appropriate only if the moving party clearly establishes that no material issue of fact remains to be solved, and that it is entitled to judgment as a matter of law. See Adams v. … Clearly, a School Board practice that permits the school principal to tender New Testament Bibles to fifth grade students has the purpose of promoting and approving Christianity.

Mullins v. De Soto Securities Co.

3 F.R.D. 432 · District Court, W.D. Louisiana · Apr 27, 1944

We have already said, however, in 45 F.Supp. 871 , at page 878, that “the Louisiana rule is clearly the same as the federal rule found in 23(b) of the Rules of Civil Procedure.” We are of the same opinion still. … We believe that a joint trial of all the issues involved, with qualified and classified admission of the evidence as to the various parties, will permit of a final judgment which will be representative of the legal rights

Bel v. United States

310 F. Supp. 1189 · District Court, W.D. Louisiana · Mar 16, 1970

The burden of going forward with the evidence to establish dominant life-motives is on plaintiffs. … If the decedent had purchased a life insurance policy, initially retaining the ownership in himself, and thereafter assigned it to his children, there clearly would have been a “transfer” of an interest in the policy.

Fusilier v. Zaunbrecher

District Court, W.D. Louisiana · Mar 13, 2019

They also assert that the CPSO employees are entitled to qualified immunity, and that certain unspecified claims have prescribed. Id. at 10–15. … “In Louisiana, the one-year prescriptive period established in Civil Code Article 3492 applies to § 1983 claims.” Marceaux v. Lafayette City-Parish Consol. Gov’t, 921 F.Supp.2d 605, 645 (W.D. La. 2013).

Kiva Construction & Engineering, Inc. v. International Fidelity Insurance

749 F. Supp. 753 · District Court, W.D. Louisiana · Oct 31, 1990

Clearly, then, the terms of the performance bond speak only to finishing the job in the event that Kiva failed to do so. … Civil Code article 3040 provides that “[sjuretyship may be qualified, conditioned, or limited in any lawful manner.” In ConPlex v.

United States v. Glaspie

993 F. Supp. 448 · District Court, W.D. Louisiana · Jan 25, 1998

These facts clearly justify any intrusion that the defendant may have suffered as a result of Officer Geheb’s brief questioning. … Attorney’s office could grant immunity, and no signs of coercion).

Fietz v. SOUTHLAND NAT. INS. CO.

484 F. Supp. 2d 535 · District Court, W.D. Louisiana · Apr 10, 2007

Clearly, this is not a claim of products liability or one requesting punitive damages. … Texas recognizes a qualified privilege against claims of defamation.

Lippton v. Davis

District Court, W.D. Louisiana · Aug 15, 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, Benton Police Department does not qualify as a juridical person. See Cozzo v.

Fehr Baking Co. v. Bakers' Union

20 F. Supp. 691 · District Court, W.D. Louisiana · Aug 23, 1937

Plaintiff, a Delaware corporation, alleging that it had qualified to do business in this state, brought this suit against the local bakers’ union of Lake Charles, Louisiana, “with Pat Trahan as president,” W. R. … The following facts, I believe, are substantially established: Plaintiff is a citizen of the State of Delaware, operating bakeries in Houston and Beaumont, Texas.

Robertson v. Unknown

District Court, W.D. Louisiana · Sep 26, 2023

It is clearly established law that prison staff cannot cause the unnecessary and wanton infliction of pain. Id. at 320. … Under the objective component, the prisoner must demonstrate that the alleged wrongdoing was objectively "harmful enough" to establish a constitutional violation. Id.

Estelle v. Secretary of Health and Human Services

751 F. Supp. 110 · District Court, W.D. Louisiana · Oct 6, 1989

He would not qualify as a pilot and should avoid, I think, other jobs such as climbing to dangerous heights, operation of a dragline, or similar type occupations. (Tr. 220). Dr. … Under either Nieves or Cook , the evidence clearly shows that Estelle’s vision loss constitutes a significant limitation in addition to his I.Q. scores.

State of Louisiana v. Caremark P C S Health LLC et al.

District Court, W.D. Louisiana · Oct 29, 2025

However, it remains the removing party’s burden to establish federal jurisdiction exists. … Louisiana also attempts to assert its Eleventh Amendment immunity. “The Eleventh Amendment grants a State immunity from suit in federal court by citizens of other States, and by its own citizens as well.” Union Pac.

REFINERY EMPLOYEES'UNION v. Continental Oil Company

160 F. Supp. 723 · District Court, W.D. Louisiana · Apr 2, 1958

The Act did establish the Federal Mediation and Conciliation Service specifically to provide assistance to employers and unions in the settlement of labor disputes ( 29 U.S.C.A. §§ 171-178 ). … In these clauses there is language to be applied for determining an appropriate remedy, e. g., if there is a dispute as to whether or not a certain employee qualifies for a vacation without pay, the arbitrator certainly has

Pratz v. Louisiana Polytechnic Institute

316 F. Supp. 872 · District Court, W.D. Louisiana · Jul 10, 1970

The order of priority established in Schedule 45 of the Board’s Resolution is effective only when on-campus space is not available. … Here, students may choose any educational institution for which they are qualified and their basic domicile is not altered by such choice.

In Re DeSoto Crude Oil Purchasing Corporation

35 F. Supp. 1 · District Court, W.D. Louisiana · Oct 1, 1940

The corporation established offices at Shreveport and the board of directors held meetings in these offices, in the First National Bank Building. … As was clearly pointed out in the decision in Gurewitz v.

Arvie v. Vidrine

District Court, W.D. Louisiana · Sep 22, 2021

A legally sufficient complaint must establish more than a “sheer possibility” that plaintiffs' claim is true. Id. … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

Cloos v. Commissioner of Social Security

District Court, W.D. Louisiana · Mar 30, 2022

338 (a plaintiff must clearly allege facts demonstrating each element required to show standing); FW/PBS, Inc. v. … seeking nonmonetary relief, if the agency conduct is otherwise subject to judicial review.”71 If a plaintiff cannot meet the requirements of the APA, the suit must be dismissed.72 Waiver of the Government’s sovereign immunity

Bull v. Allstate Insurance Co.

649 F. Supp. 2d 529 · District Court, W.D. Louisiana · Aug 25, 2009

Clearly, fed *542 eral funds would have been used if Allstate had chosen to honor the 2431 Egret Street SFIP. … In order to qualify for this exception, the insured must first prove that the duplicate policy was not “knowingly created.”