Case law

Bartie v. United States

216 F. Supp. 10 · District Court, W.D. Louisiana · Mar 28, 1963

ARE THE ACTS UPON WHICH THE COMPLAINT IS BASED WITHIN THE EXCEPTION TO SOVEREIGN IMMUNITY FOR TORT CLAIMS? … Clearly, the acts here complained of relating to the content and the wording of the bulletins and advisories, were determinations made by administrators involving policy, judgment and discretion.

McDaniel v. Packaging Corp of America

District Court, W.D. Louisiana · Oct 27, 2020

Furthermore, as described above, acceptance was clearly manifested by performance when Elite began the work described. … Accordingly, they have not met their burden of rebutting the presumption established under § 23:1061(A)(3).

Revell v. Prince Preferred Hotels Shreveport L L C

District Court, W.D. Louisiana · Mar 31, 2023

Factors relevant to this inquiry include the following: [W]hether material issues of fact are at issue, whether there has been substantial prejudice, whether the grounds for default are clearly established … For a salaried employee to qualify under the statute, he or she “must be compensated on a salary basis” of no more than $684 per week. 29 C.F.R. § 541.600.

Smith v. China Manufacturers Alliance L L C

District Court, W.D. Louisiana · Jul 3, 2025

The LPLA’s exclusivity for claims against the manufacturer of an allegedly defective product is “well-established” under Louisiana law. Rivers v. Remington Arms Co., 2018 WL 746392, at *2 (E.D. La. … 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.

Nordan-Lawton Oil and Gas Corp. of Texas v. Miller

272 F. Supp. 125 · District Court, W.D. Louisiana · Aug 22, 1967

The record clearly reflects, and lessee-operator admits, that well No. 5 was shut-in for a period of some 15 months, commencing around April 1, 1963, and ending May 30, 1964. … To determine this issue it is first necessary to resort to several well-established principles of law.

Volson v. U S Dept Veteran Affairs

District Court, W.D. Louisiana · Aug 17, 2020

Unlike Section 501 claims, the United States did not waive its sovereign immunity as to these claims. … In order to establish a prima facie case of employment discrimination based on disability under the Rehabilitation Act, Plaintiff must show: (1) that she is disabled; (2) that she is otherwise qualified to do her work;

Moparty

District Court, W.D. Louisiana · Mar 16, 2026

If dismissal is sought for a jurisdictional defect that centers upon the lack of congressional waiver of the government’s sovereign immunity, resolution is never appropriate by way of summary judgment but must be … established Constitutional rights.

Garlington v. Dear

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. Id. … RPDC does not qualify as a juridical person.

Taylor

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

First, a plaintiff must establish a prima facie case.” Dabbasi, 107 F.4th at 505. … To establish a prima facie case for age and gender discrimination claims, a plaintiff must demonstrate the following: “‘(1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class

Linn v. Ouachita American Job Center

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

ADA Legal Standard To establish a prima facie case of an ADA violation, a plaintiff must show that: (1) he is a “qualified individual with a disability”; (2) he was “excluded … The ADA generally prohibits an employer from “excluding or otherwise denying equal jobs or benefits to a qualified individual because of [a] known disability …”51 To establish a prima facie claim of a ADA claim,

Nunez

District Court, W.D. Louisiana · Oct 27, 2025

a prisoner must establish that his efforts to pursue a nonfrivolous action were hindered. … 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.

United States v. Winn

331 F. Supp. 3d 620 · District Court, W.D. Louisiana · Sep 20, 2018

There is sufficient evidence in the record to conclude that she clearly did not. Alternatively, Winn argues that La. Rev. … Winn also claims that the prosecution failed to establish that she had the requisite criminal intent to recklessly disregard the safety of others. Id.

Singleton v. City Marshal Office of Monroe

District Court, W.D. Louisiana · May 29, 2020

Since Marshal Highshaw was clearly a supervisor, Singleton need only show the first four elements. … Section 1983 provides that any person who, under color of state law, deprives another of “any rights, privileges or immunities secured by the Constitution and laws shall be liable to the party injured.” 42 U.S.C. § 1983

Wright v. United Parcel Service Inc (Ohio)

District Court, W.D. Louisiana · Mar 27, 2020

Wright was not Qualified for the Position UPS first asserts that Wright was not qualified for her position. … Wright responds that Small testified that Wright was qualified for the position. [Id., p. 46].

Nale v. Finley

District Court, W.D. Louisiana · Dec 7, 2020

Defendants contend that there is nothing in Wild’s report to establish Heidi Moon is qualified to diagnose “gangrene” or otherwise qualified to provide medical opinions. … Defendants contend that Wild clearly makes a credibility assessment, which should be stricken and excluded.

Beachem v. LaSalle Corrections L L C

District Court, W.D. Louisiana · Mar 27, 2024

Before Williams’ death, he had two asthma attacks that Defendants clearly ignored. … Immateriality is established by showing that the challenged allegations can have no possible bearing on the subject matter of the litigation.

Sylvas

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

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. B. … In , 509 U.S. 25, 35–36 (1993), the United States Supreme Court established a two-part test to state a viable claim regarding environmental tobacco smoke (“ETS”).

Hornsby-Goynes v. U S A A Casualty Insurance Co

District Court, W.D. Louisiana · Apr 1, 2021

Hornsby asserts USAA bears the burden of establishing the documents were obtained or prepared in anticipation of litigation and proving they are confidential. at 10-11. … Here, USAA establishes it produced the factual material in its claims files with relatively few redactions made after litigation was filed.

Garcia

District Court, W.D. Louisiana · Jun 24, 2026

Section 1225(b)(2)(A) further provides that, if an immigration officer determines that such an applicant for admission is not clearly and beyond a doubt entitled to admission, the alien “shall be detained” pending removal … Similarly, although Rodriguez-Guevara obtained approval of a Form I-360 SIJ petition, SIJ classification does not itself confer lawful immigration status, lawful permanent residence, or immunity from removal proceedings

York v. Acadia Land Co.

58 F.2d 1042 · District Court, W.D. Louisiana · Jul 30, 1931

Unquestionably, a very unfortunate situation has been created by the circumstances above detailed, but the court must attempt'to dispose of it under established rules of law and practice. … The receiver qualified and went into physical possession on March 30,-1916.