Case law

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.

Billeaud Planters Inc. v. Union Oil Co. of Cal.

144 F. Supp. 564 · District Court, W.D. Louisiana · Sep 11, 1956

Montgomery were exceptionally well qualified experts and computed the drainage as reasonably and correctly as it could be computed. … The evidence clearly shows that Mr. Bates did so determine from the Conservation Department in 1950 (Tr. 82 and 83). Plaintiffs’ own witness, Mr.

Courville v. Citgo Petroleum Corp

District Court, W.D. Louisiana · Dec 2, 2022

Louisiana Products Liability Act.1 In its First Defense, Citgo asserts that all of Plaintiffs’ claims against Citgo are precluded by the exclusivity provisions in the Louisiana Worker’s Compensation Act (“LWCA”) because it qualifies … No. 48-1 p. 7] The change orders to the contract agreed to by CITGO and Turner clearly confirm and acknowledge that the CITGO/Turner Industries contract no. 4600010139

Williams v. Cain

942 F. Supp. 1088 · District Court, W.D. Louisiana · Oct 9, 1996

We note that Congress did not clearly express an intention of retroactivity for the AEDPA General Reforms. … Williams reasons that the jury was “death-qualified” to exclude jurors opposed to the death penalty.

In Re of Two-J Ranch, Inc.

534 F. Supp. 2d 671 · District Court, W.D. Louisiana · Feb 11, 2008

Clearly, the drydock here does not fit that description. … De Los Santos, 451 U.S. 156 , 101 S.Ct. 1614 , 68 L.Ed.2d 1 (1981), to establish the contours of the duty owed by Luhr to Mr. King.

James v. Conn

District Court, W.D. Louisiana · Jun 1, 2023

Rather, the plaintiff must show that officials refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton … facts which tend to establish deliberate indifference on the part of the defendant.

Bergeron v. Sabine Dredging & Construction Co.

281 F. Supp. 223 · District Court, W.D. Louisiana · Feb 29, 1968

Under LSA-R.S. 12:202A(3), Sabine, at the time of qualifying to do business in this state, consented to be sued in Louisiana through service of process upon its appointed agent as long as any liability growing out of or connected … Co., 359 U.S. 227 , 79 S.Ct. 664 , 3 L.Ed.2d 756 (1959), and the record at this stage does not clearly establish a bareboat charter of the vessel by T. L.

Dresser Industrial Valve Operations v. Equal Employment Opportunity Commission

613 F. Supp. 1 · District Court, W.D. Louisiana · Jan 9, 1984

The amendments clearly require more specificity. … The Sixth Circuit has criticized the "some basis in fact” requirement as contrary to "well-established law.” EEOC v. K-Mart Corp., supra, at 1063, fn. 7.

Louisiana v. Becerra

District Court, W.D. Louisiana · Nov 30, 2021

The rejection of natural immunity as an alternative is puzzling. Natural immunity is the immunity of people who have been infected with the COVID-19 virus. … conclude that natural immunity provides equivalent or greater protection against severe infection than immunity generated by COVID-19 vaccines.

Lewis v. Manufacturers Casualty Ins. Co.

107 F. Supp. 465 · District Court, W.D. Louisiana · Sep 24, 1952

That is exactly why Congress established and ordained this Court. … (a Pennsylvania citizen) and qualify to do business here; but, it must, being under the protection of Louisiana laws, assume the obligations of Louisiana laws, which do not discriminate among insurers.

Giddens v. City of Shreveport

901 F. Supp. 1170 · District Court, W.D. Louisiana · Aug 24, 1995

Adopting the “state action rule” used by federal courts in defining the applicability of the Sherman Act, Reppond held that “immunity from the state anti-monopoly statutes will only extend to local government activities performed … Furthermore, this lawmaker’s remarks regarding the clearly understood purpose of the recent amendment are unhelpful to plaintiffs’ position.

United States v. Stevens

778 F. Supp. 2d 683 · District Court, W.D. Louisiana · Apr 27, 2011

They contend that a severance is necessary because the evidence is “so clearly inter-related that it will be extremely difficult for the trier of fact to compartmentalize the evidence with respect to each defendant.” … To the extent that Gilmore objects based on lack of relevancy as to the charges against him and on the basis that the evidence is unfairly prejudicial, the Court finds that the evidence is clearly relevant evidence as to

Farmer v. Bailey

District Court, W.D. Louisiana · Sep 23, 2025

Jeannie Irvine, Jermaine Tyler, and Joe Toler are entitled to qualified immunity as to the alleged denial of medical care.28 The Court denied Sheriff Moses’ motion to dismiss the state law claims of negligent hiring and … Rule 57 of the Federal Rules of Civil Procedure established that it applies to the DJA.

Lowry v. Atlantic Refining Co.

231 F. Supp. 775 · District Court, W.D. Louisiana · Jul 16, 1964

LeBourgeois Unit No. 1 established by the Commissioner of Conservation of Louisiana. … While Marcie was named as testamentary executrix with seisin of the property, she had not qualified as such.

Celestine

District Court, W.D. Louisiana · Oct 10, 2025

Thus, despite the damages sought, which clearly exceed the jurisdictional threshold under Section 1332, this case does not fall within the Court’s diversity jurisdiction. … The Eleventh Amendment establishes the sovereign immunity of the states, providing that no state may be sued “either in its own courts, courts of other states, or federal courts…without the state’s consent.”

Robertson v. Iberia Comprehensive Community Health Center Inc

District Court, W.D. Louisiana · Sep 13, 2023

(“FTCA”), the United States is immune from suit except to the degree that sovereign immunity has been waived.?? … Plaintiff presented no evidence to rebut McLurkin’s testimony, which clearly established that McLurkin had made the appropriate diagnosis and ordered the appropriate diagnostic treatment.

Bates v. Normand

District Court, W.D. Louisiana · Feb 26, 2021

Finally, Normand argues that amendment is futile because he has qualified immunity, which he raises in his Motion to Dismiss. That Motion will be denied as moot pursuant to Fed. R. Civ. … He argues in his Motion to Dismiss is that he is entitled to qualified immunity and that Bates has failed to allege sufficient facts to state claims against Normand.

Price

District Court, W.D. Louisiana · Sep 2, 2026

On July 20, 2025, D&G initiated the next step in the appeals process and filed a request for reconsideration with the Qualified Independent Contractor, C2C Solutions, Inc. … D&G contends that this provision clearly establishes that it is owed interest, but the Secretary argues that whether interest is owed under Section 1395ddd(f)(2)(B) is determined by the process set forth in

United States v. Savoie

594 F. Supp. 678 · District Court, W.D. Louisiana · Oct 5, 1984

To establish his violation of section 6700, we need to make only one additional finding: that those statements concerned “material matter.” … But even if we put that fact aside Savoie qualifies as a preparer.

Sinegal v. United States

District Court, W.D. Louisiana · Feb 5, 2025

The legal conclusion of deliberate indifference must rest on facts clearly evincing "wanton" actions on the part of defendants. See Johnson v. Treen, 759 F.2d 1236, 1237 (5th Cir. 1985). In Smith v. … The fact that this inmate was “LGBTQ with a sexual abuse history” is not enough to establish deliberate indifference to Sinegal’s safety.