Case law

Dow Chemical v. Consumer Product Safety Commission

459 F. Supp. 378 · District Court, W.D. Louisiana · Nov 1, 1978

The proposition that the injury need not occur prior to judicial review has been clearly announced in the jurisprudence. E. g., Flemming v. … A substantive rule establishes a standard of conduct which has the force of law.

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.

Gentry v. Bodan

347 F. Supp. 367 · District Court, W.D. Louisiana · Aug 24, 1972

Gentry is the duly qualified and acting Trustee of said bankrupt estate; b. Shane Quality Jewelers, Inc., the bankrupt, as aforesaid, was the Lessee of the defendant, Alvin L. Bod-an; c. … is true if the lien is valid, for the policy of the Act is to allow secured creditors — those having liens upon specific property of the bankrupt — to have their claims satisfied first except where the intent of the Act clearly

Automotive Leasing Specialists, L.L.C. v. Little

392 B.R. 222 · District Court, W.D. Louisiana · Jun 10, 2008

In re CPDC, Inc., 337 F.3d at 441 . *228 “If a finding is not supported by substantial evidence, it will be found to be clearly erroneous.” … When a finding of fact is premised on an improper legal standard, that finding loses the insulation of the clearly erroneous standard and is subject to full de novo review.

State Farm Mut. Automobile Ins. v. Grimmer

47 F. Supp. 458 · District Court, W.D. Louisiana · Oct 15, 1942

The State Farm Mutual Automobile Insurance Company, an Illinois corporation, qualified to do, and doing the business of writing and entering into contracts of casualty insurance covering automobiles, sues and prays for a … He establishes and negates facts so that the truth will be provable in court and 'false testimony rebutted.

Berry v. Ouachita Parish

District Court, W.D. Louisiana · Apr 3, 2020

App’x 302, 306 (5th Cir. 2013) (“[Plaintiff’s] subjective belief that [the Defendant] discriminated against him is clearly insufficient to demonstrate pretext.”). … , whether Berry can establish pretext.

Giddens v. City of Shreveport

912 F. Supp. 953 · 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.

Rodgers v. Lafayette General Medical Center

District Court, W.D. Louisiana · Feb 11, 2020

The McDonnell Douglas framework requires Plaintiff to first establish a prima facie case of discrimination by showing: (1) she was a member of a protected class; (2) she was qualified for her position; (3) she was discharged … Rodgers argues that she was not solely at fault in the scheduling incident, LGMC clearly believed the error warranted Ms. Rodgers’ termination.

Fleming v. Llanito

District Court, W.D. Louisiana · Mar 21, 2025

Plaintiff claims he never received a court hearing to establish if the surrender was legal. He claims probable cause was not shown to determine if the surrender was legal. … Section 1983 prescribes redress for conduct by any person who, under color of state law, acts to deprive another person of any right, privilege, or immunity secured by the Constitution and laws of the United States.

Yazdi v. Lafayette Parish

District Court, W.D. Louisiana · Sep 30, 2019

immunity in their Answer. … [Doc. 32 at 3] As qualified immunity has thus not been raised at this time, the Court will not address it now.

Williams v. Red River Beverage Group

District Court, W.D. Louisiana · Nov 19, 2020

Accordingly, Red River’s argument that Williams cannot establish a prima facie case of discriminatory discharge because he cannot prove he was qualified for his sales position is unavailing. … To do so, he can show that “(1) a discriminatory reason more likely motivated the employer, (2) the employer’s reason is unworthy of credence, or (3) he is clearly better qualified than the person selected for the

Hardmon v. U L Coleman

District Court, W.D. Louisiana · Mar 31, 2020

The Court construes this statement as an allegation that Plaintiff was qualified for his position. … Regarding the third element, Plaintiff’s allegation that he was terminated from his employment clearly qualifies as an adverse employment action. Id. at 7; see Stone v. La. Dept. of Revenue, 590 F.

Willis v. Barry Graham Oil Service L L C

District Court, W.D. Louisiana · Oct 20, 2022

Here, the first and third parts of the test are clearly satisfied. The controversy took place on an artificial structure located in the OCS of Louisiana. … Egorov clearly indicates that the Extension Act should not apply to such a case.”) In Delozier, 498 F.

Mercer v. Life Insurance Co. of North America

874 F. Supp. 2d 610 · District Court, W.D. Louisiana · Jun 18, 2012

Allison for the Veterans Administration clearly indicates that Mr. Mercer could not sustain work on an 8-hour a day basis, day-in and day-out. Id. … LINA, however, clearly misconstrued the Plan, insofar as it purported to require proof of Mercer's inability to perform all of the material duties of his occupation.

Follis v. Louisiana Workforce L L C

District Court, W.D. Louisiana · Jul 25, 2023

a prisoner must establish that his efforts to pursue a nonfrivolous action were hindered. … A liberal construction of plaintiff's allegations fails to support a Fourteenth Amendment violation as the claim before the court is clearly barred by the Parratt/Hudson doctrine.

Redford v. KTBS, LLC

135 F. Supp. 3d 549 · District Court, W.D. Louisiana · Sep 28, 2015

Prima Facie Case Generally, a plaintiff can establish a prima facie "case of discrimination by showing that: (1) he is a member of a protected group; (2) he was qualified for the position at issue; (3) he was discharged or … Redford states that Lee clearly violated the KTBS social media policy by responding to viewers multiple times on the official KTBS Facebook page.

Isreal v. Raeford Farms of Louisiana, LLC

784 F. Supp. 2d 653 · District Court, W.D. Louisiana · Mar 28, 2011

But negotiations are not required to establish a custom or practice. The parties in Allen never negotiated the issue. … The employer bears the burden to show that the meal time qualifies for this exception from compensation. Id.

Wardrop v. Louisiana Workforce L L C

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

rather a prisoner must establish that his efforts to pursue a nonfrivolous action were hindered. … A liberal construction of plaintiff's allegations fails to support a Fourteenth Amendment violation as the claim before the court is clearly barred by the Parratt/Hudson doctrine.

Duncan v. Nunez

District Court, W.D. Louisiana · Nov 7, 2019

“A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the … Duncan argues that the response is inadequate because the Defendants “clearly have the records to admit RFA #10, and it should therefore be deemed admitted.”

Tems v. Jefferson

District Court, W.D. Louisiana · Aug 26, 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. Id.