City of New Orleans v. Bilgery
Citations
- 108 La. 191
Syllabus
<p>Syllabus.</p> <p>1. Defendant Ras no right to enjoin the execution of a judgment in a petitory action in favor of the plaintiff which is absolute and unconditional in its-terms as to ownership and right of possession, and. force plaintiff to await a decision upon unliquidated claims touching matters upon which the defendant had simply reserved 'his rights.</p> <p>2. Where the District Court has set aside an injunction which it had granted-upon the ground that it was an injunction against the execution of a judgment of the Supreme Court, absolute and unconditional, in its ternas, it should refuse an appeal to the party cast and force him to apply to the-Supreme Court for relief. When, however, it has, in fact, granted a suspensive appeal, it should not (so long as the order of appeals stand) oust the appellant from his possession secured by his appeal, by placing the property in the hands of a private individual, styled a sequestrator, and enjoining the</p> <p>^ appellant from acts of possession.; particularly, is this the case, wher'd the sheriff had in his hands a writ of possession from the inception of the proceedings.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying same standard at summary judgment to discrimination claims under the ADA and Rehabilitation Act
- granting defendant summary judgment where criticism regarding plaintiff’s Chinese accent were in the context of performance reviews and her language skills were reasonably related to her job performance
- disregarding factual “assertions that are supported only by the affidavit [the plaintiff] submitted in conjunction with her papers opposing the [defendant’s] motion and which are similarly contradicted by the record”
- reciting elements of prima facie failure to accommodate claim under the Rehabilitation Act: “(1) [the plaintiff] has a disability; (2) the defendant had notice of the disability; (3) she could perform the essential functions of the job with reasonable accommodation; and (4
- manager’s alleged com- ments about employee’s Chinese accent, including that she needed to speak English, did not demonstrate that non-discrimi- natory reasons for termination were pretextual
- noting “poor performance” is a legitimate reason for termination
Source: CourtListener parenthetical corpus (CC0).
Judges: Nioholls
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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