Case law

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

Monroe Firefighters Ass'n v. City of Monroe

600 F. Supp. 2d 790 · District Court, W.D. Louisiana · Feb 23, 2009

“A job title alone is insufficient to establish the exempt status of an employee. … Other potential exceptions are clearly irrelevant. See, e.g., 29 C.F.R. § 541.602(b)(1)-(3),(6)-(7). 9 .

United States v. Certain Parcels of Land

57 F. Supp. 486 · District Court, W.D. Louisiana · Oct 25, 1944

Ringgold of her mortgage against the vendor, Kent Company, on the very same date as the sale by this company to the railway company, April 26, 1913, by its language is clearly the release of her mortgage and vendor’s lien … This would indicate a full title to property and not a qualified title.

Swift Ex Rel. Swift v. Rapides Parish Public School System

812 F. Supp. 666 · District Court, W.D. Louisiana · Feb 11, 1993

They insist that David is not violent while at school and that he clearly knows the difference between right and wrong. … The party challenging the placement “bears the burden of showing why the educational setting established by the IEP is not appropriate.” Id.

Ogden v. Police Jury of Concordia Parish

28 F. Supp. 402 · District Court, W.D. Louisiana · Jul 31, 1939

He offered himself at that time as an even more generous donor than Jose Vidal, who had qualified his public benefaction. Vidal had passed to him the reversionary interest; Davis conveyed unconditionally. … The donor never meant to be selfish, unless his selfishness is clearly expressed. Selfishness, on the part of the donor is not to be presumed.

Batiste v. Lafayette Parish

District Court, W.D. Louisiana · Jan 25, 2024

The prisoner must show that prison officials “‘refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any … Plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Brock v. Walden University & Affiliates

District Court, W.D. Louisiana · Jan 31, 2024

The RA states that “[nJo otherwise qualified individual with a disability . . . … The Resolution Agreement clearly states that Walden should approve a request for an Incomplete grade only if Brock had completed 80% of the required coursework.

Krispy Krunchy Foods L L C v. Jenna Marketing L L C

District Court, W.D. Louisiana · Apr 6, 2023

Considering the claims asserted by Jenna, information pertaining to the eventual equity investment by MPP on November 17, 2021 is clearly relevant under Rule 26. … “The courts have not given trade secrets automatic and complete immunity against disclosure, but have in each case weighed their claim to privacy against the need for disclosure.”

Semien v. Parker Drilling Offshore USA LLC

179 F. Supp. 3d 687 · District Court, W.D. Louisiana · Apr 5, 2016

However, under these facts, Parker Drilling’s “buddy system” *707 clearly failed. … Here, the testimony clearly established that all employees were, in fact, trained in Parker Drilling’s policy that when working at heights over 6 feet on a ladder, employees were required to use a safety harness or some other

Green v. City of Monroe

District Court, W.D. Louisiana · Mar 26, 2025

As to Dixon, the Court has already made clear that he is not a medical expert sufficiently qualified to form an opinion on Dr. … On that basis, Green has not established that his EMTALA defense is not frivolous or warrants any consideration.

Weber v. Fletcher

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

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. Id.

In Re the Complaint of Taira Lynn Marine Ltd. No. 5

349 F. Supp. 2d 1026 · District Court, W.D. Louisiana · Jul 6, 2004

Justice Rehnquist stated that Rule 56(c) “mandates the entry, of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an … The legislature, and not the judiciary, should determine immunity from prosecution and liability. Furthermore, when a cause of action sounds solely in tort, tort law and not contract law should apply.

Dugas v. Ace American Insurance Co

District Court, W.D. Louisiana · Jun 23, 2020

The district court denied the deputy’s motion for summary judgment based upon qualified immunity. … The district judge granted summary judgment to the City on the basis of qualified immunity, and the widow appealed.

Hart Silas v. Colvin

District Court, W.D. Louisiana · Dec 15, 2021

Therefore, he did not establish this criterion for recovery under the statute. The Commissioner offered no argument on this point. … A party who obtains reversal or remand of an adverse Social Security ruling pursuant to the fourth sentence of Section 405(g) qualifies as a prevailing party for purposes of the EAJA.12 Ms.

Wier v. Texas Co.

79 F. Supp. 299 · District Court, W.D. Louisiana · Aug 18, 1948

servitudes at varying stated levels may be held by different owners in the same land, it is only now that we see that the deed we have to interpret in this case leaves the plaintiffs the owners of the property in fee; but qualified … So, it follows clearly that the plaintiffs never had the minerals; and their action being petitory in character their suit falls; they had no title at all.

Julia Cosmetics, Inc. v. National Broadcasting Co., Inc.

355 F. Supp. 938 · District Court, W.D. Louisiana · Feb 27, 1973

Defendant has never qualified to do business in Louisiana with its Secretary of State. … Washington. . . clearly establish that this *946 type of service in such cases does not unduly burden interstate commerce, but meets all the essential requirements of due process.”

Davis v. American Security Insurance Co

District Court, W.D. Louisiana · Sep 20, 2021

Ap. 14, 2015) (same as Lee in that the plaintiff might have qualified as a third-party beneficiary under the policy language; however, the losses that she claimed did not exceed the lender’s interest). … American Security argues that Plaintiffs have failed to establish an existing claim for relief.

Poor Boy Tree Service Inc v. Winnfield

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

Further, Defendants argue that Plaintiffs’ invoices do not qualify as an open account under Louisiana law. … Further, the requirements to establish an open account are not present.

Williams v. Zordan

District Court, W.D. Louisiana · Sep 29, 2023

The second amended complaint clearly includes a recitation of events that happened with regard to service attempts earlier that day, a point in time that clearly preceded the filing of the second amended complaint. … Williams has failed to articulate what rights, privileges or immunities were violated by the Sheriff’s alleged failure to instruct, supervise, or control.

Alexander v. Frost Lumber Industries, Inc.

88 F. Supp. 516 · District Court, W.D. Louisiana · Feb 1, 1950

Differently, however, the cases furnished us by defendant, supra, are all straight tort cases — with no legal relation established under the Employers’ Liability Act, Act No. 20 of 1914. … The facts which the Court used to qualify plaintiff as a servant were these.