Case law

Muslow v. Shreveport

District Court, W.D. Louisiana · Jun 12, 2019

regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Although his opposition does not express this argument clearly, Muslow appears to be alleging (1) that SPD failed to discipline Kolb after multiple excessive force complaints and lawsuits had been filed against him and

City of Alexandria v. Cleco Corp.

735 F. Supp. 2d 465 · District Court, W.D. Louisiana · Aug 17, 2010

Brown’s motion to file supplemental exhibits, because such filings were “not only clearly untimely, but also manifestly unfair to the movant.” (Doc. 202). … The city attorney thereafter filed a separate action to compel special counsel to establish his authority to act on behalf of the City Council. See id. at 132 .

Wilder v. Morgan

District Court, W.D. Louisiana · Mar 18, 2022

.”*8 Under Louisiana law, an entity must qualify as a juridical person to possess the capacity to be sued.2?7 A person may be either natural or juridical. … Section 1985(3) creates no rights, but “is a purely remedial statute, providing a civil cause of action when some otherwise defined federal right—the equal protection of the laws or equal privileges and immunities under

Willis v. Barry Graham Oil Service L L C

District Court, W.D. Louisiana · Nov 18, 2022

The language of Articles 2323 and 2324 clearly and unambiguously provides that comparative fault principles apply in “any action for damages” and apply to “any claim” asserted under “any law or legal doctrine or … Thus, to qualify for indemnity, a party must be free of actual fault. Fucich Contracting, Inc. v. Shread-Kuyrkendall & Assocs., Inc., No. CV 18-2885, 2019 WL 6877646, at *8 (E.D. La. Dec. 17, 2019).

Mason v. C B & I L L C

District Court, W.D. Louisiana · Nov 25, 2019

Indeed, a less exacting rule would also circumvent the statutory scheme, since Title VII clearly contemplates that no issue will be the subject of a civil action until the EEOC has first had the opportunity to … Accordingly, the plaintiff must show that (1) he is a member of a protected class; (2) he was qualified for the position at issue; (3) he suffered an adverse employment action; and (4) similarly situated employees outside

Hammer v. P H I Inc

District Court, W.D. Louisiana · Sep 17, 2019

Further, the stipulation “will be found only when the contract clearly contemplates the benefit to the third person as its condition or consideration.” Id. (citation omitted). … Therefore, Bell (which did not join or oppose Plaintiffs’ Motion for Summary Judgment) does not qualify as a third-party beneficiary of the AFS. Zurich is entitled to pursue subrogation against Bell.

Jacques v. Baker Hughes, a G E Co L L C

District Court, W.D. Louisiana · Apr 6, 2021

The Petition clearly establishes that Dresser ceased its operations in 2016 and, since this time, alleges no further activity taken by Defendants that would constitute a continuing tort. … Under this test, in order to qualify as an ultrahazardous activity, the Courts required that the conduct: (i) must relate to an immovable, (ii) must itself cause the injury, and the defendant must be engaged directly in

Aertker v. Dresser L L C

District Court, W.D. Louisiana · May 4, 2022

The Amended Complaint clearly establishes that Dresser conducted operations “through at least 2016.” [Doc. 16, ¶ 14]. … As Aertker has failed to establish the existence of a contractual breach, Corbello is unavailing. f.

H C & D L L C v. Cashman Equipment Corp

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

Finally, severance may be “neither clearly warranted nor clearly disallowed and is therefore committed to the court's discretion.” Id. at 405. … To qualify as “indispensable,” “a party must also be a ‘required’ party under Rule 19(a).” In re: Howmedica Osteonics Corp, 867 F.3d at 408.

Rock Creek Oil Inc v. Revenue

District Court, W.D. Louisiana · Sep 13, 2019

For the only specific penalty complained of — that imposed under Louisiana Revised Statute § 47:642 for failure to file a report — the statute clearly authorizes a fine of $250 for each reporting period, and reports … Accordingly, RCO also fails to establish a claim for government estoppel. 2 Italso contends that it was misled by conflicting information between the Department website and Louisiana Revised Statute § 47:635,

Louisiana v. Environmental Protection Agency

District Court, W.D. Louisiana · Mar 7, 2024

The Fifth Circuit has “cautioned repeatedly” that a preliminary injunction “should not be granted unless the party seeking it has ‘clearly carried the burden of persuasion’ on all four requirements.” … Cir. 1989) (“The filing of an application creates no vested right to a hearing; if the substantive standards change so that the applicant is no longer qualified, the application may be dismissed.”).

Collins v. Louisiana Department of Public Safety and Corrections

District Court, W.D. Louisiana · Oct 12, 2021

. § 1983 of the Civil Rights Act which provides redress for persons "deprived of any rights, privileges or immunities" by a person acting under color of state law. … There is no clearly defined law which would require the nurse to examine and question Plaintiff in a particular setting or in extreme privacy.

910 E Main L L C v. Edwards

District Court, W.D. Louisiana · Aug 21, 2020

The decision to grant an injunction is “an extraordinary remedy and should be granted only if the movant has clearly carried the burden of persuasion with respect to all four factors.” Allied Marketing Group, Inc. v. … qualify as property interests for purposes of procedural due process.”69 This protection reflects the fact that, once issued, a license or permit “may become essential in the pursuit of a livelihood.”70 Here, the Governor

Brumley

District Court, W.D. Louisiana · Feb 18, 2026

- established law; and, consequently, Plaintiffs’ declaratory claim also fails.8 The parties briefed all relevant issues, and the matter is ripe. … If a law is found to be not neutral and generally applicable, “the government has the burden to establish that the challenged law satisfies strict scrutiny.” Id. at 63.

Barrett v. Dresser L L C

District Court, W.D. Louisiana · Jan 6, 2021

The Complaint clearly establishes that Dresser ceased its operations in 2016 and, since this time, alleges no further activity taken by Defendants that would constitute a continuing tort.4 Accordingly, the Court dismisses … Defendants claim that Plaintiffs failed to establish that their alleged injuries were caused by an ultrahazardous activity because the third prong of the test is not met. The Court agrees.

Hargiss v. Princeton Excess & Surplus Lines Insurance Co

District Court, W.D. Louisiana · Feb 6, 2024

Accordingly, the only pleadings that qualified under that standard were those that met all the required conditions: pro se, in forma pauperis, and civil. Id. … The attorney’s acts clearly fell under this exclusion, but the court had to determine whether the employee’s acts were excluded as well. Id.

United States v. Gordon

638 F. Supp. 1120 · District Court, W.D. Louisiana · Jul 10, 1986

Clearly, the most “exploitive” act on the part of the OSI occurred Sunday afternoon when Agent Gravelee placed pictures of Sgt. … It is not psychology which establishes the norm for determining whether someone has a will — it is society which enforces its collective judgment through its legal system.

TS & C Investments, L.L.C. v. Beusa Energy, Inc.

637 F. Supp. 2d 370 · District Court, W.D. Louisiana · Feb 2, 2009

In support of this holding, M/V TESTBANK relied on the well-established rule set forth in Robins Dry Dock v. … A landowner, however, does not owe a duty under Article 667 to everyone: “Persons that do not qualify as proprietors, such as guests, contractors, and members of the public, may have a variety of remedies against a landowner

Wagner v. Hurst

District Court, W.D. Louisiana · May 21, 2019

REV, STAT. § 40:1231.1 et seq., governs claims of malpractice against qualified health care providers. … Expert testimony is usually required to establish the applicable standard of care. Schultz v. Guoth, 57 So.3d 1002, 1006-07 (La. 2011).

Logan v. Westfield Insurance Co

District Court, W.D. Louisiana · Jan 24, 2020

allegedly “violated the law” by not filling in the word “Lafayette” in his Daily Driver’s Log or any other omissions/mistakes contained in Smothers’ logs.32 Defendants assert that the Department of Transportation (“DOT”) establishes … jury that this accident affected their ability or chances to conceive a child biologically.45 Defendants contend that the Court should prohibit such statements or testimony because Plaintiffs’ fertility or infertility is clearly