Case law

Normand v. Cox Communications, LLC

848 F. Supp. 2d 619 · District Court, E.D. Louisiana · Jan 30, 2012

Indeed, while the Supreme Court did not clearly define the contours of the comity doctrine in Levin, it delineated several factors that compel federal abstention here. … LEXIS 91580 (S.D.N.Y.2010), aff'd, 659 F.3d 215 (2d Cir.2011) (Privileges and Immunities *627 Clause challenge); Swift Frame v. City of San Diego, 2011 WL 4381711 , 2011 U.S. Dist.

Bussie v. Governor of Louisiana

333 F. Supp. 452 · District Court, E.D. Louisiana · Sep 10, 1971

Steimel is eminently qualified to perform as Special Master in this case. Lastly, Mr. Gravel argues that there was “no reason to use single member districts” and that he “thinks it is unconstitutional.” … It is well settled that the findings of fact of the Special Master are binding upon the Court unless found to be clearly erroneous. Locklin v. Day-Glo Color Corp., 429 F.2d 873 (C.A.Ill.—1970); Leader Clothing Co. v.

Turner v. Murphy Oil USA, Inc.

234 F.R.D. 597 · District Court, E.D. Louisiana · Jan 30, 2006

That requirement is clearly met in this case, which involves a single accident. … Kaltofen is well-qualified in the area of testing of environmental contamination. In this case, Mr.

Dameron v. Tangipahoa Parish Police Jury

315 F. Supp. 137 · District Court, E.D. Louisiana · May 25, 1970

[A]s a general rule, whenever a state or local government decides to select persons by popular election to perform governmental functions, the Equal Protection Clause of the Fourteenth Amendment requires that each qualified … voter must be given an equal opportunity to participate in that election, and when members of an elected body are chosen from separate districts, each district must be established on a basis that will insure, as far as is

Jefferson v. Lead Industries Ass'n, Inc.

930 F. Supp. 241 · District Court, E.D. Louisiana · May 31, 1996

BACKGROUND Plaintiff Letetia Jefferson, individually and as the duly qualified legal tutrix of Schanta Jefferson (“plaintiff’), filed this action for damages resulting from Schanta Jefferson’s alleged lead poisoning by ingestion … Hence, the LPLA clearly applies to Jefferson's claims. 2 . The same is trae if the claim were for negligent misrepresentation. See Abbott v. Equity Group, Inc., 2 F.3d 613 at 624 n. 38 (5th Cir.1993).

Collins v. Benton

District Court, E.D. Louisiana · Jul 2, 2020

(crediting a medical bill auditor as qualified to render an opinion when she had been employed as a hospital bill auditor for five years). 69 Rec. … clearly cannot do under Louisiana law.

McCraney v. Progressive Paloverde Insurance Company

District Court, E.D. Louisiana · Mar 15, 2023

This certification of the Attorney General shall conclusively establish the scope of office or employment for purposes of removal. 28 U.S.C. § 2679 … at 135 (“Congress clearly intended the FTCA, with all of its exclusions and limitations, to provide the sole remedy for persons injured by federal employees acting within the scope of their employment.”).

Whitfield v. Woodgroup PSN

District Court, E.D. Louisiana · Sep 5, 2019

A factfinder can infer pretext upon a showing that the unsuccessful employee was “‘clearly better qualified’ (as opposed to merely better or as qualified) than the employees who are selected.” Id. … “Obviously, work experience is one component of defining who is more qualified, but greater experience alone will not suffice to raise a fact question as to whether one person is clearly more qualified than another.”

Smith v. Spinks

District Court, E.D. Louisiana · Nov 19, 2024

authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly … To possess such a capacity under Louisiana law, an entity must qualify as a “juridical person.”

Rios v. Westport Linen Services, LLC

District Court, E.D. Louisiana · Sep 30, 2019

While in the original complaint Rios clearly pled that he “felt that he was qualified” (R. … Doc.1-5, ¶V), in the First Amended Complaint, Rios more clearly alleges that he was “more qualified” than Jeremy Frye his Caucasian supervisor who had at that moment held the position of Maintenance Lead (R.

United States v. McKenna

791 F. Supp. 1101 · District Court, E.D. Louisiana · Apr 27, 1992

In Bourgeois , the defendants argued that the trial court erred by restricting cross-examination of the Government’s witness regarding his immunity agreement. … The Court further indicated that upon establishing or in the event that Bruno proved to be a difficult witness, the Court would permit defense counsel to use leading questions to establish whatever they had in mind.

Walter

District Court, E.D. Louisiana · Jan 9, 2026

You weren’t able to establish a blood type? A. No, sir. … O’Neal was personally involved in the alleged constitutional violations, thereby entitling O’Neal to qualified immunity.73 This Order and Reasons addresses Williams’ pending motion to dismiss Plaintiff’s § 1983 claims

Taylor v. LeBlanc

District Court, E.D. Louisiana · Aug 19, 2021

But the article itself (which Taylor attached as an exhibit to his original complaint) is clearly dated February 27, 2020. R. Doc. No. 1-1, at 1. … Judicial Immunity “[J]udicial immunity is an immunity from suit, not just from ultimate assessment of damages.” Mireles v.

LBC Fixed Income Fund I 2020, LLC v. Watkins Healthcare Group, LLC

District Court, E.D. Louisiana · Nov 12, 2024

26 Neither is “hearsay,” which is defined as an out-of-court statement “offer[ed] in evidence to prove the truth of the matter asserted in the statement.”27 “[E]vidence should not be excluded before trial unless it is clearly … Daniels, 723 F.3d 562, 579 (5th Cir.), on reh'g in part, 729 F.3d 496 (5th Cir. 2013) (“[U]nder Rule 902(11), the authenticity of business records may be established by written declaration of the custodian provided to opposing

In Re Vioxx Products Liability Litigation

650 F. Supp. 2d 549 · District Court, E.D. Louisiana · Aug 3, 2009

In order to qualify for interim payments, eligible claimants must fulfill specific registration and filing obligations. Id. … See, e.g., Settlement Agreement § 9.2.4 (establishing that the Court shall appoint a Fee Allocation Committee); § 9.2.5 (establishing that the Court shall "provide appropriate notices governing the procedure by which [it]

Carpenters Local Union No. 1846 of the United Brotherhood of Carpenters v. Pratt-Farnsworth, Inc.

511 F. Supp. 509 · District Court, E.D. Louisiana · Apr 2, 1981

An employer must establish the designated unit as clearly inappropriate before setting aside a Board’s certified unit. … Labor policy clearly does not require, however, that a union have freedom to impose direct restraints on competition among those who employ its members.

Marcelle v. Southern Fidelity Insurance

954 F. Supp. 2d 429 · District Court, E.D. Louisiana · Jun 19, 2013

Summary judgment is proper if, as here, the party opposing the motion *436 fails to establish an essential element of his case. See Celotex Corp. v. … Clearly, an insured making a claim under his policy is doing so because he has been bothered. . See The American Heritage Dictionary. .

Gulf Fleet Tiger Acquisition, L.L.C. v. Thoma-Sea Ship Builders, L.L.C.

282 F.R.D. 146 · District Court, E.D. Louisiana · Apr 5, 2012

Accordingly, the Court finds diversity jurisdiction has not been established in this matter. … Therefore, § 1359 clearly applies to any agreement or transaction devised to manufacture jurisdiction, including settlement agreements.”). . See Toste Farm Corp. v.

Shaw v. Garrison

391 F. Supp. 1353 · District Court, E.D. Louisiana · Mar 4, 1975

The en banc court clearly rejected this line of argument, although without fully enunciating their reasons for doing so. … Plaintiff may or may not be able to prove such allegations at trial, but they are clearly sufficient to state a cause of action under § 1983 against each of the defendants.

Nichols v. Jazz Casino Co., LLC

District Court, E.D. Louisiana · Sep 19, 2019

The party seeking removal has the burden of establishing that federal jurisdiction exists and that removal was proper. Id. … There is no language in the complaint qualifying that these federal laws are mentioned only as guide-posts for interpreting Louisiana state law.