Labat v. Waldmeier
Citations
- 106 La. 53
Syllabus
<p>Syllabus.</p> <p>Where a party claims to have purchased a grocery and bar, but it appears that the vendor remained in actual possession and apparent ownership; that the lease and the licenses were unchanged; and that the barkeeper employed in the place was ignorant of the sale, and where no actual damage is proved, none will be allowed, for a seizure, under a judgment against the vendor, which did not interfere with the business and was released after forty-eight hours. The seizing creditor was not at fault, under the circumstances, in assuming that the judgment debtor was still the owner of the property.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the mere potential of being asked to work in New York City is plainly inadequate
- holding that determining impact relies on where the discriminatory act is felt and not where acts leading to discrimination occur that give rise to a NYCHRL claim
- holding that it would too broadly expand the scope of NYCHRL to accept that mere interactions non-resident employees have with New York City fulfill the impact requirement
- emphasizing that the plaintiff has the responsibility to establish subject matter jurisdiction in a 12(b)(1) motion to dismiss
- dismissing claim because “[a]ll of the discriminatory conduct occurred at Ballysheer [Southampton], far from the five boroughs of New York City”
- “‘If the affidavits submitted on a fact-based 12(b)(1) motion reveal the existence of factual problems’ related to jurisdiction, the plaintiff must present evidence of his own to counter the defendant’s - 6 - evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monkoe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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