LA State v. Jefferson Parish School Board

Docket: 22-30143
Opinion Date: July 25, 2023
Judge: Don R. Willett
Areas of Law: Civil Procedure, Constitutional Law, Education Law

The Jefferson Parish School Board (JPSB) separately suspended two students for individually having a BB gun visible during virtual school. Each student’s family sued the school board, in part seeking a declaration that the school board’s virtual learning disciplinary policy is unconstitutional. Louisiana intervened, agreeing with the families on the constitutionality of JPSB’s policy and separately challenging JPSB’s disciplinary actions as ultra vires. JPSB settled with the families, ending the private suits. Louisiana wants to continue the case, citing its broad interest in compliance with its laws. The question before us is whether Louisiana has standing to do so.
 
The Fifth Circuit concluded that Louisiana does not have Article III standing and remanded the case to the district court to send back to the capable Louisiana state courts. The court explained that this case lies outside the limits of Article III standing. States undoubtedly have an interest in enforcing their laws. But when it comes to federal courts, Louisiana must claim an injury to a traditional, sovereign interest to invoke Article III jurisdiction. The two are distinctly dissimilar. Louisiana fails to point to “any precedent, history, or tradition,” establishing that its interest in compliance with its laws is the equivalent of an Article III sovereign interest in maintaining its right to govern in the face of competing authority. The state similarly fails to establish an injury to an established quasi-sovereign interest sufficient to show parens patriae standing. Louisiana’s claim of injury to a proprietary interest also falls short.

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Louisiana lawmakers override governor’s veto on gender-affirming care ban


www.houmatimes.com/news/louisiana-lawmakers-override-governors-veto-on-gender-affirming-care-ban/

US Court of Appeals for the Fifth Circuit Opinions
Johnson v. Cooper T. Smith Stevedoring

Docket: 22-30488
Opinion Date: July 14, 2023
Judge: Dana M. Douglas
Areas of Law: Admiralty & Maritime Law, Civil Procedure, Personal Injury

Plaintiff worked as a longshoreman as early as 1998 and worked regularly for Cooper from 2008 through the date of his injury on June 22, 2018, never going more than a week and a half without working. He performed various jobs including operating a front-end loader and track hoe, flagging cranes, and loading barges. Employer classified Plaintiff as a non-assigned employee, meaning he was not assigned to a specific vessel. Employer has other employees who are assigned to vessels.

Plaintiff was hurt when he fell to the deck of a ship he was working on. He filed suit against Employer in federal district court in November 2020, alleging that he was a seaman and a member of the crew, and bringing claims of Jones Act negligence, failure to pay maintenance and cure, and unseaworthiness. In the alternative, Plaintiff alleged that if he was not a seaman and was covered by the LHWCA.

The District Court found Plaintiff failed to cite evidence that showed a genuine dispute of material fact as to whether he was a seaman and, alternatively, as to vessel negligence.

The Fifth Circuit affirmed, finding that Plaintiff did not have a connection to the ship he was working on at the time he was injured, and that he could not establish vessel negligence.

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US District Judge in Louisiana Enjoins Federal Social Media Censors


storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.293.0_1.pdf