Case law

Vidrine v. United States

846 F. Supp. 2d 550 · District Court, W.D. Louisiana · Sep 30, 2011

Campbell was a chemical broker who had some not fully identified business arrangement with Broussard and AFI, not clearly established at trial. … This Court specifically finds the evidence establishes Mr.

Walker

District Court, W.D. Louisiana · Jul 6, 2026

department about the position, she never went through “proper procedure” to apply. 39 [Id. at pp. 11–12]; When asked by counsel about incident and if it was “[within] the last few years, like ’20-’22,” Walker responded by clearly … Therefore, the Court finds Walker has established a prima facie case of FMLA retaliation.

Thompson v. Link

District Court, W.D. Louisiana · Nov 27, 2019

immunity; (4) the claim is time-barred; and (5) Thompson is estopped from arguing that the search was unconstitutional. … Though the individual agent would not be the proper respondent, a plaintiff may establish standing to bring such a claim based on an unconstitutional search and threat of future use or dissemination of this information.

Bayard v. Traders & General Ins. Co.

99 F. Supp. 343 · District Court, W.D. Louisiana · Aug 18, 1951

The suit was against the insurer and two other defendants, one of which was the Consolidated Underwriters, a Missouri corporation qualified to do business in Mississippi and Louisiana. … But clearly this is not such a case." [ 292 U.S. 143 , 54 S.Ct. 636 .]

Katz v. McCarthy

District Court, W.D. Louisiana · Nov 1, 2022

Katz cannot establish a prima facie case for age discrimination. … Katz has established that there is a genuine issue of material fact as to whether he was qualified for the position. (4) Whether Dr.

Wallace v. House

377 F. Supp. 1192 · District Court, W.D. Louisiana · Jun 6, 1974

preliminary injunction, a permanent injunction, and other appropriate relief to enjoin the deprivation, under color of law, by the State of Louisiana (and in particular the Town of Ferriday) of the rights, privileges, and immunities … In Mills , the Court ordered fees paid to plaintiffs who had established that the corporation they were suing had issued misleading proxy statements, in violation of the Securities Exchange Act.

Shop Rite Inc v. U S Small Business Administration

District Court, W.D. Louisiana · Dec 19, 2024

SBA regulations establish the eligibility requirements for SBA small business loans, including size, location, and demonstrated need for credit. … Alternatively, Shop Rite argues that the SBA’s decision that it does not qualify for the affiliation waiver is arbitrary and capricious.®” 1. Statutory Authority.

Stringer

District Court, W.D. Louisiana · Feb 20, 2026

Plaintiffs further argue that Gleason is qualified because he is a licensed Professional Engineer and possesses a Ph.D. in Mechanical Engineering. … Thus, this Court finds that Gleason is qualified to serve as an expert in this matter due to his educational and professional experience.

Fedison v. Secretary of Health & Human Services

748 F. Supp. 449 · District Court, W.D. Louisiana · May 15, 1990

However, claimant was sentence to a prison term in 1965 for armed robbery and therefore could not qualify for this position. … The medical records in this ease clearly demonstrate Fedison’s ability to do an unlimited range of light work.

Simmons v. Jones

District Court, W.D. Louisiana · Feb 14, 2022

If a witness is qualified to testify, the court must then determine whether the proffered testimony is both relevant and reliable. … The Court finds that Defendants have not established that Dr. Willner lacks the requisite expertise regarding the administration of narcotics in a correctional setting.

Lain v. Entergy Louisiana L L C

District Court, W.D. Louisiana · Jul 14, 2021

The Court finds that Entergy has, at the very least, clearly articulated legitimate, non- discriminatory reasons for Lain’s demotion. Lain does not dispute that he was told he needed to advance to Sr. … The Court concludes that Lain has failed to establish pretext.

Alfred

District Court, W.D. Louisiana · Dec 30, 2025

of the document, along with their capacities; (4) the document’s subject matter; (5) the purpose for the production of the document; and (6) a specific explanation of why the document is privileged or immune … Once the privilege has been established, the burden shifts to the other party to prove any applicable exceptions.

Davis v. St. Louis Southwestern Ry. Co.

106 F. Supp. 547 · District Court, W.D. Louisiana · Aug 2, 1952

31st, 1951 at which time definite non-union was established with failure of the bone graft. … The arguments which have been made in support of that system are that they deal with matters involving expert judgment, which those semijudicial bodies are better qualified to handle than even the court, to say nothing of

Derise v. District Court

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

may dismiss them at any time if the allegation of poverty is untrue or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune … Derise’s complaint contains irrational and nonsensical allegations, lacking a concrete factual basis sufficient to establish a nonfrivolous claim.

Derise v. U S District Court

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

may dismiss them at any time if the allegation of poverty is untrue or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune … Derise’s complaint contains irrational and nonsensical allegations, lacking a concrete factual basis sufficient to establish a nonfrivolous claim.

Johnson v. Mansfield Hardwood Lumber Company

159 F. Supp. 104 · District Court, W.D. Louisiana · Jan 24, 1958

Its stock was closely held, was not traded on the open market, and had no established market value. … Where subsequent acts are relied upon as a defense in a case where fraud is clearly established, it is said the acts must stand upon the clearest evidence, must evince a purpose to waive or forgive the fraud, and must amount

Langsford

District Court, W.D. Louisiana · Dec 1, 2025

A plaintiff must establish that a prison official “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 … MPJ does not qualify as a juridical person; accordingly, the Court should dismiss Plaintiff’s claims against this entity. 8.

In re Llano Del Rio Co. of Nevada, Inc.

29 F. Supp. 916 · District Court, W.D. Louisiana · Sep 12, 1939

Clearly such a showing has not been made and I find as a fact that the required 75% of shareholders have not been proven to be farmers within the definition of Section 75. … I therefore think that the State Court is better qualified to deal with this situation, especially in view of the fact that it has had the matter in hand for something like three years.

Guillory v. Dwight

District Court, W.D. Louisiana · Jan 29, 2024

Under that framework, the plaintiff must first establish a prima facie case by showing, in the case of a discrimination claim, that (1) he is a member of a protected class; (2) he was qualified for the position; (3) he … To show pretext, plaintiff must demonstrate that defendant’s proffered explanation was false or unworthy of credence or that he was clearly better qualified than the applicant chosen for the promotion.

Collier v. Bernhard M C C Mechanical L L C

District Court, W.D. Louisiana · Mar 15, 2022

Collier has not established that he was treated differently than any other employee. … There was clearly some confusion regarding the details of Mr. Collier’s termination, as it appears that Mr. Lanney Jones may not have been aware that Mr. Collier worked on December 5, 2017, the day he was terminated.