Case law

Taliaferro v. Schiro

669 F. Supp. 763 · District Court, W.D. Louisiana · Sep 9, 1987

Both agreements establish a method for registering and ranking applicants for referral through the hiring hall. … Each of the plaintiffs clearly has suffered emotional distress as a result of the actions of the defendants.

Harrison v. Christus St. Patrick Hospital

432 F. Supp. 2d 648 · District Court, W.D. Louisiana · May 4, 2006

Law “A state-court action may be removed to federal court if it qualifies as a ‘civil action ... of which the district courts of the United States have original jurisdiction,’ unless Congress expressly provides otherwise. … The state claims clearly raised questions of federal health care policy, especially when viewed in the context of the dozens of nearly identical state law claims in the dozens of similar lawsuits filed in courts all over

De La Cruz Jimenez v. USA

District Court, W.D. Louisiana · Apr 7, 2022

Louisiana law provides that "[a]ny medical malpractice claimant must establish, by a preponderance of the evidence: (1) the defendant's standard of care, (2) the defendant's breach of that standard of care, and (3) a causal … He should also clearly state which defendants he is proceeding against in the instant matter.

Trahan v. Lafayette Parish School Board

244 F. Supp. 583 · District Court, W.D. Louisiana · Aug 13, 1965

course, functions and duties distinct from those of the executive department, but in carrying out a national policy we have the same objective. * * * Absent legal questions, the United States Office of Education is better qualified … A plan of desegregation valid and in keeping with the law as it existed on June 21st, clearly spelled out in Lockett, supra, is none the less valid, in the opinion of this judge, on June 22nd, because another school district

United States v. Mercantile Nat. Bank

67 F. Supp. 759 · District Court, W.D. Louisiana · Sep 3, 1946

Davis, 5 Cir., 7 F.2d 269 , which-seemed to qualify the doctrine of the Berkshire Case [Southern Pacific Co. v. … The following language is taken from a House Report on the Act: “When it is considered that the policy of terminating liability on claims by the Government against individuals and corporations has been established in the

RSL Funding, LLC v. Everett

519 B.R. 644 · District Court, W.D. Louisiana · Oct 7, 2014

Pruco Assignment Corporation (“PRUCO”) assumed the settling defendants’ obligation to make the periodic payments to Everett pursuant to a “non-qualified assignment” agreement (“PRU-CO Assignment”) which Everett signed. … Hence, RSL failed to establish that it suffered damages as a result of its reliance on any untrue representations.

Sallier v. Bass

District Court, W.D. Louisiana · Oct 16, 2024

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 … 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.

Ziler v. USA

District Court, W.D. Louisiana · Jul 1, 2022

ANALYSIS “The basic rule of federal sovereign immunity is that the United States cannot be sued at all without the consent of Congress.”!4 Because “[sJovereign immunity is jurisdictional in nature,”! … > Congress’ “waiver of [sovereign immunity] must be unequivocally expressed in statutory text and will not be implied.”!° The FTCA expressly waives sovereign immunity and 13 ECF No. 16. 14 Block v.

Roberson v. Iberia Comprehensive Community Health Center Inc

District Court, W.D. Louisiana · Apr 21, 2020

nevertheless clearly establishes Iberia Comprehensive separated her not because she requested or would be entitled to a FMLA leave, but rather, because her conduct violated Iberia Comprehensive’s conduct and discipline … Even assuming Roberson can establish a prima facie case under the FMLA and, further, assuming Roberson appropriately requested FMLA leave prior to her separation, the evidence clearly establishes Iberia Comprehensive separated

Jonathan G. Ex Rel. Charlie Joe G. v. Caddo Parish School Board

875 F. Supp. 352 · District Court, W.D. Louisiana · Dec 20, 1994

Clearly, if a state adopts a disciplinary procedure that does not comport with IDEA, the aggrieved party is entitled to relief under that statute. … Yet the record establishes that a special education counselor participated in the relatedness determinations, as required by state regulations.

Jackson v. Whitman

642 F. Supp. 816 · District Court, W.D. Louisiana · Aug 15, 1986

No procedures have been established to challenge the censorship of mail. No log of all incoming and outgoing mail has been established. … The evidence clearly demonstrated that the inmates were not informed of their right to these services and that these services and materials were not supplied.

LaCour v. Beauregard Parish

District Court, W.D. Louisiana · Jan 19, 2022

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. … Facts to establish deliberate indifference on the part of each named defendant who allegedly failed to provide medical care; and 9.

Innovative Manpower Solutions, LLC v. Ironman Staffing, LLC

929 F. Supp. 2d 597 · District Court, W.D. Louisiana · Mar 7, 2013

In fact, the information [plaintiff] alleges [defendant] misappropriated does not qualify as trade secrets. … In addition, the testimony establishes that Marcell had a long-standing personal relationship with the three clients at issue (which predated his employment at Innovative), and that their contact information was clearly known

Guidry v. South Louisiana Contractors, Inc.

444 F. Supp. 850 · District Court, W.D. Louisiana · Sep 22, 1977

The evidence adduced at the trial clearly showed that plaintiff’s connection with the MR. BILL during the two week period immediately preceding the accident was tenuous and insubstantial. … The employer covered by the Longshoremen’s & Harbor Workers’ Compensation Act enjoys the same immunity from a contribution claim asserted by a third party tortfeasor who has been cast for injuries to an employee.

Rent-A-Center, Inc. v. Barker

633 F. Supp. 2d 245 · District Court, W.D. Louisiana · Jun 11, 2009

Thus, the Court reviewed the arbitrator’s fact-findings, and the factual inferences deduced from them, by a “clearly erroneous” standard of review and applied the de novo standard of review to examine the arbitrator’s legal … Although RAC's written policy established lifting requirements for Account Managers individually, Barker testified that co-workers assisted each other when lifting heavy objects. Depo. Of Barker, p. 38; 81-83. 10 .

Webster v. Seahorse Fleet, Inc.

637 F. Supp. 151 · District Court, W.D. Louisiana · Jun 19, 1986

Whether plaintiff can establish seaman status as a matter of law on the basis *153 of his connection with the Saltón Seahorse without reference to the fleet concept will not be decided now for the following reasons. … While anchor handlers may always qualify as seamen, a diver does not become a seaman just because he is a diver.

Parnell v. Rapides Parish School Board

425 F. Supp. 399 · District Court, W.D. Louisiana · Sep 30, 1976

Rather, given the totality of circumstances of the political context which includes bloc voting, a one-party system, and the vestiges of a long history of racial discrimination, the LeBlanc plan clearly stacks the deck against … Neither courts nor police juries nor school boards are furnished with any specialized caliphers which enable them to extract from the general language of the law any mathematical formula which establishes what range of percentage

Taylor v. Louisiana

District Court, W.D. Louisiana · Apr 30, 2025

Before the court is Deputy Ruffin’s Motion for Summary Judgment (Doc. 32) that challenges the claims against her on the merits, raises qualified immunity, and argues that the claims are untimely. … Harm to reputation alone is insufficient to establish Section 1983 liability because a damaged reputation alone does not implicate any liberty or property rights protected by the Due Process Clause. Paul v.

United States v. Reinhart

975 F. Supp. 834 · District Court, W.D. Louisiana · Aug 11, 1997

I conclude that the government has established that the defendants have molested children&emdash;establishing a crime of violence&emdash; and that these acts are reasonably connected to the pending charges. … However, Reinhart has proposed no qualified third-party custodian who could assume these important duties. This deficiency is fatal to Reinhart’s pretrial release.

Johnson v. Iberia Medical Center Foundation

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

In the failure-to-promote context, a plaintiff may establish pretext by demonstrating they were “clearly better qualified (as opposed to merely better or as qualified)” than the chosen employee. discrimination.”) … Here, Plaintiff cannot show she was “clearly better qualified” than Marie Delcambre.