Case law

Foster v. Principal Life Insurance Co.

280 F. Supp. 3d 871 · District Court, E.D. Louisiana · Nov 21, 2017

time in any occupation disqualifies a claimant from the LCDD benefit, and the evidence in the record supports Principal’s determination to deny Foster such benefit. 109 Moreover, Principal contends that the Group Policy clearly … A Benefit Payment Period will be established on the later of: a. The date the Member completes an Elimination Period; or b.

Grant v. Gusman

District Court, E.D. Louisiana · Mar 30, 2021

immunity. … immunity because “[t]he right at issue [] was clearly established and its contours ‘sufficiently clear’ that any reasonable official would understand that the Constitution forbids confining criminal defendants for a prolonged

In the Matter of: Jack'd Up Charters LLC

District Court, E.D. Louisiana · Sep 5, 2023

They reason here that “[t]here is still a dispute as to the location, course and trajectory of the fishing boat” and “a dispute as to whether the dredge pipes in tow were clearly above the water and visible at the time … nonmoving party may not rest upon mere allegations or denials in its pleadings.72 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Moore v. Napolitano

702 F. Supp. 2d 654 · District Court, E.D. Louisiana · Apr 27, 2010

to be “in good health, be able to climb towers, carry moderately heavy equipment when making installations in the field and operate forklift equipment.” 5 The position description specifically states that Moore “must be qualified … sparingly.” 7 Reconsideration “serve[s] the narrow purpose of allowing a party to correct manifest errors of law or fact or to present newly discovered evidence.” 8 To succeed on a Rule 59(e) motion, therefore, a party must “clearly

Raymond Flanks v. The City of New Orleans, et al.

District Court, E.D. Louisiana · Dec 22, 2025

Summary Judgment, which seeks dismissal of all claims pending against the City Defendants.2 Plaintiff opposes the motion.3 In a prior order, the Court addressed multiple issues raised in this motion, and granted Dillmann qualified … immunity on any state or federal constitutional claims brought against him.4 The remaining claims include state law claims against Dillmann for intentional or reckless infliction of emotional distress and negligence and

Bommarito v. Belle Chasse Marine Transportation LLC

District Court, E.D. Louisiana · Mar 17, 2022

The Jones Act itself does not define the term “seaman,” and courts once struggled to establish a definition. Id. at 355-56. … Bommarito does not qualify as a Jones Act seaman. R. Doc. 69. Mr.

Fernandez v. Engineering & Inspection Services, LLC

District Court, E.D. Louisiana · Sep 6, 2023

relating to immunity claim). … The Fifth Circuit precedent on waiver by conduct clearly requires far more to establish waiver by conduct than attendance of the initial preliminary conference before the magistrate judge in an automatically referred case

Times Picayune Publishing Corp. v. United States Department of Justice

37 F. Supp. 2d 472 · District Court, E.D. Louisiana · Mar 5, 1999

As will be discussed below, the Marshals Service has met its burden of establishing that the FOIA Exemption 7(C) applies. A. Ibas Mr. DeBartolo’s Mug Shot Taken “for Law Enforcement Purposes”? … Clearly this qualifies as “law enforcement purposes.” See Detroit Free Press Inc. v.

Payton

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

the complaint under 28 U.S.C. § 1915(e)(2),9 which considers whether it is (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune … App'x 427, 427 (5th Cir. 2013) (“A court may dismiss a claim as factually frivolous where the facts alleged are ‘clearly baseless,’ such as when the allegations are fanciful, fantastic, or delusional.”

O'Malley v. Pub. Belt R.R. Comm'n for the City of New Orleans

334 F. Supp. 3d 811 · District Court, E.D. Louisiana · Aug 9, 2018

shifts to the non-moving party to produce evidence or designate specific facts showing the existence of a genuine issue for trial." 5 Summary judgment is appropriate if the non-movant "fails to make a showing sufficient to establish … visually determine that the track is clear and give signals or instructions necessary to control the movement. 27 Defendant's Rule 525 states that, Shoving or pushing movements must be protected by a crewmember or other qualified

Jesco Construction Corp. v. Nationsbank Corp.

107 F. Supp. 2d 715 · District Court, E.D. Louisiana · Jul 18, 2000

Negligent Misrepresentation Under Louisiana law, in order to recover for negligent misrepresentation a plaintiff must establish the following essential elements: 1) a legal duty on the part of the defendant to supply correct … BACF qualifies as a “commercial lender” under the Louisiana Banking Law.

Palmore

District Court, E.D. Louisiana · Mar 30, 2026

A plaintiff must satisfy three elements to establish § 1983 liability: (1) deprivation of a right secured by the U.S. … Instead, Palmore must establish that Freeman “refused to treat [him], ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any

Paternostro v. Choice Hotel International Services Corp.

309 F.R.D. 397 · District Court, E.D. Louisiana · Aug 27, 2015

Pseudomonas infections usually occur in people with weakened immune systems and/or patients in the hospital. Id. … The rule clearly states that claims seeking injunctive or declaratory relief may be appropriate for Rule 23(b)(2) class certification. In Allison v.

Dyer v. New Orleans City

District Court, E.D. Louisiana · Jun 5, 2025

To prove race discrimination under Title VII in a case, such as this one, that relies entirely on circumstantial evidence, a plaintiff must establish that he: “(1) is a member of a protected class, (2) was qualified for … And for the first time in their reply, Defendants also claim that Dyer does not establish the third element because neither the purportedly discriminatory disciplinary charges nor the letter of reprimand qualifies as an

Durant v. Gretna City

District Court, E.D. Louisiana · Mar 23, 2021

immunity.15 On September 23, 2020, the Fifth Circuit affirmed the district court’s denial of qualified immunity.16 On December 14, 2020, Durant filed an amended complaint against Gretna, Brooks, Lawson.17 The Amended … motion to dismiss are, however, “considered part of the pleadings” if “they are referred to in the plaintiff’s complaint and are central to her claim.”50 “In so attaching, the defendant merely assists the plaintiff in establishing

Hill ex rel. Hill v. Lafourche Parish School Board

291 F. Supp. 819 · District Court, E.D. Louisiana · Jul 11, 1967

Additionally, such notice shall clearly state that both white and Negro students are required to make a choice, and that students desiring to remain in the school which they have been attending must so indicate by choosing … The defendants shall establish as an objective that the pattern of teacher assignment to any particular school not be identifiable as tailored for a heavy concentration of either Negro or white pupils in the school.

Jackson v. Avondale Industries Incorporated

District Court, E.D. Louisiana · Jun 29, 2020

presents the risk that Plaintiff may not survive to have her day in court; and 7) Hopeman cannot establish improper joinder to establish diversity jurisdiction because the non-diverse defendants remain viable in this case … had successfully asserted a colorable claim to government contractor immunity under Boyle).

Gary v. Northern Barge Line Co.

440 F. Supp. 260 · District Court, E.D. Louisiana · Mar 28, 1977

Amant on the morning of February 11, 1972, as “inner bottoms” not only supports the inference, but clearly establishes Avondale’s competent persons were not mislead by Vails’ description of those same spaces as “three main … To qualify as a competent person he obtained training from the Department of Labor. His training included instruction on the proper use of an explosimeter. Mr. St.

Dunn v. Folgers Coffee Company

District Court, E.D. Louisiana · Aug 29, 2022

The analysis first requires the plaintiff to establish a prima facie case of discrimination. Id. … First and foremost, the business cards clearly state that the nurse worked for “Premise Health” and held an email address “@premisehealth.com.” See Rec.

Six Flags Inc. v. Westchester Surplus Lines Insurance

535 F. Supp. 2d 744 · District Court, E.D. Louisiana · Feb 1, 2008

Liberty submits that this language clearly and unambiguously provides for the applicability of a Flood Sublimit. … Hearsay evidence and unsworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987).