Case law

Ross v. Medical Staff

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

dismissal of the complaint or any portion thereof if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … To the extent he seeks to make an equal protection claim, Ross should amend to allege facts to establish a claim under the Equal Protection Clause. III.

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.

White Hat v. Landry

District Court, W.D. Louisiana · Jul 30, 2020

In this case, the Attorney General maintains that Louisiana has not waived sovereign immunity nor was sovereign immunity abrogated by § 1983. (Doc. 30-1 at 5 (citing Champagne v. … The Court specifically rejected the defendant's argument that a “substantial part of the events” was established by either the enactment in Albany of statutes and orders establishing the system of compensatory payments,

Gilbert v. Webster Parish School Board

382 F. Supp. 8 · District Court, W.D. Louisiana · Jul 19, 1974

This is clearly objectionable and the intervenors’ plan is rejected. … Jackson, supra, 419 F.2d 1211 , at page 1218. *18 Clearly, Singleton calls for more than has been done.

SGC Land, LLC v. Louisiana Midstream Gas Services

939 F. Supp. 2d 612 · District Court, W.D. Louisiana · Mar 28, 2013

As discussed ad nauseam, Plaintiffs’ have clearly failed to establish that Chesapeake was a bad faith possessor qf the property. … It is also doubtful as to whether Plaintiffs could establish that Chesapeake has gained an economic benefit which qualifies as a civil fruit under La. C.C. art. 551. See Wagoner v.

Lester v. Secretary of Veterans Affairs

514 F. Supp. 2d 866 · District Court, W.D. Louisiana · Mar 7, 2007

Lester establishes a prima facie case by providing evidence “that she: (1) is a member of a protected class; (2) was qualified for her position; (3) was subject to an adverse employment action; and (4) ... others similarly … Lester has established the first two elements of her prima facie case — she is a member of a protected class and was qualified for her position.

Elie v. Hilton

131 F. Supp. 2d 835 · District Court, W.D. Louisiana · Jan 10, 2001

On 25 June 1997, following a public hearing, the School Board officially transferred Elie from the position of security guard to that of custodian, because Elie was no longer qualified for the position without a reserve deputy … Elie must establish the existence of a protected employment relationship with the Sheriffs Office. Courts have consistently held that Title VII clearly envisions “some employment relationship in discharge eases.”

Bartimo v. Horsemen's Benevolent & Protective Ass'n

592 F. Supp. 1526 · District Court, W.D. Louisiana · Aug 28, 1984

In other words, he’s not qualified to be a steward. He got a job because Gus Majolis appointed him, and Gus Majolis and Vincent Bartimo are extremely close. Q. … The fellow you’re talking about who’s not qualified to be a steward. A. General Hoban, H-O-B-A-N. Q. You say General? A. Yes, sir. Q. He’s a former general in the Air Force, is he? A.

Terrell v. Richardson

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

The Court interprets Plaintiffs’ reference to the Fourteenth Amendment as merely establishing that the Fourth Amendment is applicable to state actors via the Fourteenth Amendment. Morgan v. … Because “[t]here is no constitutional right to be free from malicious prosecution,” “qualified immunity bars [Plaintiffs’] § 1983 malicious prosecution claims against” Allgrunn, Henderson, and Banta. Id. at 246.

KIVA CONST. & ENGINEER. v. Intern. Fid. Ins. Co.

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 "[s]uretyship may be qualified, conditioned, or limited in any lawful manner." In Con-Plex v. Vicon, Inc., 448 So.2d 191 (La.

Glover v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Jul 22, 2024

With respect to claims of discriminatory termination, a plaintiff may make a prima facie showing of race discrimination by establishing that he: (1) is a member of a protected group; (2) was qualified for the position … The burden of establishing a prima facie case is not “onerous” … a plaintiff need only “prove by a preponderance the evidence that he was discharged from the position from which he was qualified ‘under circumstances

United States v. Daigle

894 F. Supp. 1002 · District Court, W.D. Louisiana · Aug 7, 1995

amount of the sanction is ‘overwhelmingly disproportionate’ to the damages caused by the wrongful conduct and thus ‘bears no rational relation’ to the goal of compensating the government for its loss, but rather appears to qualify … In Tilley, the property forfeited was clearly established as “the proceeds of illegal drug trafficking or directly traceable thereto.” 18 *1005 F.3d at 297, n. 2.

PHI, Inc. v. Office & Professional Employees International Union

624 F. Supp. 2d 548 · District Court, W.D. Louisiana · Oct 29, 2007

The court then turned its attention to the nature of the benefit at issue and concluded that “accrued vacation pay” qualifies as “wages” — and, therefore, an “amount then due” — under Section 23:631. … All this Court decides today is that PHI fails to establish that the pilots can be entitled to no relief under Section 23:631 as a matter of law.

Lawson v. Excel Contractors L L C

District Court, W.D. Louisiana · Jun 28, 2021

A plaintiff can do so by showing that; (1) “a discriminatory reason more likely motivated” the employer, Id.; (2) the employer’s “reasons is unworthy of credence,” Id.; or (3) he “is ‘clearly better qualified … Lawson is not “clearly better qualified” than Mr. Currie or Mr. Anderson. An employer’s failure to promote is a discrete act that is actionable under the ADEA and ADA. 29 U.S.C. § 621 et seq.; 42 U.S.C. § 12112(a).

LOUISIANA FORESTRY ASS'N, INC. v. Solis

814 F. Supp. 2d 655 · District Court, W.D. Louisiana · Dec 13, 2011

The territorial statute required termination and replacement of nonresident workers with qualified resident workers. Id. at 619, n. 1 . … Clearly, citizen-workers would be best protected and assured high wages if no aliens were allowed to enter.

Crochet v. ABC Insurance

777 F. Supp. 498 · District Court, W.D. Louisiana · Nov 8, 1991

Crochet qualified as a longshoreman and the barges were vessels within the meaning of the statute. … McMillan testified quite frankly that there was no set procedure for hooking up these hoses, and he had no problem at all with simply hooking the hoses to tuggers and pulling them around the decks, clearly in violation of

Stringer

District Court, W.D. Louisiana · Jan 21, 2026

However, the Court notes that in addition to the instant Motion, the individual Defendants have each filed separate motions to dismiss raising defenses including qualified immunity and failure to state a claim under … Because the language of the contract clearly and unambiguously binds the Quilt Shop as the sole lessee, the Court may not inquire further into the intent of the parties. See id. art. 2046.

Fuselier v. Everest National Insurance Co

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

Evidence should only be excluded in limine where it is “clearly inadmissible on all potential grounds.” Hull v. Ford, 2008 WL 178890, at *1 (S.D. Tex. 2008) (citing Hawthorne Partners v. … Finally, Rule 702 requires that a witness be qualified to offer expert opinions.

Sampy v. Unknown

District Court, W.D. Louisiana · Jul 14, 2025

of the complaint or any portion thereof if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person.”

Louisiana v. Becerra

District Court, W.D. Louisiana · Sep 21, 2022

The Head Start Mandate does not allow alternatives of natural immunity, social distancing, or additional testing. 86 Fed. Reg. 68066. … The party invoking federal jurisdiction bears the burden of establishing these elements. Id. at 561.