Case law

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).

Babin v. Plaquemines Parish

District Court, E.D. Louisiana · Dec 11, 2020

Plaintiffs very clearly state that they do not argue that the jury’s verdict was inconsistent, as the jury found that Plaintiffs’ standby time qualifies as hours worked, but that no overtime wages were owed.50 Plaintiffs … According to the Fifth Circuit, the Supreme Court has “established the rule that even when only one issue is tainted by error or prejudice, a new trial must nevertheless be granted on all issues ‘unless it clearly appears

McDonnel Group, LLC v. Starr Surplus Lines Insurance Company

District Court, E.D. Louisiana · Sep 25, 2023

In Daubert, the Supreme Court established a two-part test for judges to perform in determining the admissibility of expert testimony. Daubert, 509 U.S. at 588. … McDonnel does not dispute that experts may not offer legal conclusions; however, it argues that the specific phrases in Caldarera’s report to which Defendants object are not legal conclusions, but “clearly simply

Course v. Walgreen Louisiana Co., Inc.

District Court, E.D. Louisiana · Aug 31, 2020

The party seeking removal has the burden of establishing “that federal jurisdiction exists and that removal was proper.” Id. B. … For an act to be considered voluntary, the plaintiff must clearly show his intention to abandon or discontinue his claims against the non-diverse defendants. Mumfrey v.

Dombrowski v. Pfister

227 F. Supp. 556 · District Court, E.D. Louisiana · Jun 15, 1964

If the evidence on this point should support the plaintiffs, they would be entitled to relief — even if the law were clearly constitutional. … The plaintiffs say that, judging by the criteria established in Com. of Pennsylvania v.

Billups v. Vilsack

District Court, E.D. Louisiana · Jul 2, 2024

To establish that he is a “qualified individual” plaintiff must show “1) that he could perform the essential functions of the job in spite of his disability or 2) that a reasonable accommodation of his disability would … Although Billups may or may not have been a qualified individual, who may or may not have had a reasonable accommodation available to him, because he abandoned the interactive process, he cannot establish a claim

Veritext Corp. v. Bonin

District Court, E.D. Louisiana · Oct 22, 2021

establishing a standard of competency for those persons engaged in it.” LA. STAT. ANN. § 37:2551(A) (2021). … The Court clearly states that “case law analyzing the Clean Hands Doctrine in antitrust cases, supra, scrutinized plaintiffs that also violated antitrust laws—not state statutes.” Rec.

Hartford Accident & Indemnity Co. v. Gulf Refining Co.

127 F. Supp. 469 · District Court, E.D. Louisiana · Dec 20, 1954

Since the facts as shown above establish negligence on the part of Black Warrior in the care of the cargo, it does not qualify for the relief provided under this clause. … Under this established admiralty doctrine, the right of contribution exists as between the mutual wrongdoers.

Continental Casualty Co. v. Associated Pipe & Supply Co.

310 F. Supp. 1207 · District Court, E.D. Louisiana · Jun 4, 1969

That statute clearly provides for such fees and they will be awarded in appropriate cases. D. … Oil Well Act Clearly, the services performed by Charping were covered by the Oil Well Act.

Fagan v. Lawrence Nathan Associates, Inc.

957 F. Supp. 2d 784 · District Court, E.D. Louisiana · Jul 9, 2013

party’s pleadings. 47 As to the fifth factor, the grounds for default are clearly established because Defendant was properly served with the summons and the complaint more than a year ago, and he continues to receive notice … purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.’ ” 57 Further, the obligation at issue must qualify

Saunders v. U.S. Department of Veterans Affairs

District Court, E.D. Louisiana · Oct 30, 2020

Saunders breach of contract claim clearly falls within the exclusive jurisdiction of the Court of Federal Claims. … Clearly, the OWCP concluded that plaintiff was entitled to FECA benefits. Plaintiff is not challenging this decision, nor is he challenging the amount or nature of the FECA award.

Piliego v. Montgomery

District Court, E.D. Louisiana · Dec 8, 2023

In their motion to dismiss, the DA Defendants argue that they are protected from civil suit under the doctrine of absolute immunity because their actions were clearly taken in their roles as prosecutors for the State. … All of these actions are an integral part of the judicial process, and therefore the DA Defendants are sheltered by absolute immunity from suit regarding these acts.

Floyd v. Dillmann

District Court, E.D. Louisiana · Jul 13, 2022

moves for dismissal of the § 1983 claims against him, arguing that he is entitled to judgment on the pleadings under Federal Rule of Civil Procedure 12(c) and to qualified immunity. … Floyd of his clearly established constitutional rights through misconduct that included but was not limited to coercing and fabricating confessions from Mr.

Patil v. Amber Lagoon Shipping GmbH & Co.

District Court, E.D. Louisiana · Dec 9, 2020

“However, although the LHWCA provides the exclusive remedies against employers and generally leaves them immune from suits in tort, it also provides a cause of action against a vessel owner … only unknown to the defendants through exercise of reasonable diligence – recall that neither Patil nor Kedziora saw any such foreign agent on the hold before the accident – but, more importantly, clearly

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.”

Usea v. Manuel

District Court, E.D. Louisiana · Oct 12, 2022

Manuel and Sheriff Craig Webre were dismissed with prejudice.1 The Court found that there were sufficient facts to support probable cause, and that even if there were not, Detective Manuel was entitled to qualified … rather than whether the claim was ultimately successful.”7 “To determine whether a claim is frivolous or groundless, [the Fifth Circuit has] stated that courts may examine factors such as: (1) whether the plaintiff established

State Ex Rel. Guste v. Lee

635 F. Supp. 1107 · District Court, E.D. Louisiana · Jun 3, 1986

In fact, a review of the CEQ NEPA regulations confirms that the Corps' action in the case at bar qualifies as "major." … This was clearly set forth in our earlier opinion at 596 F.Supp. at 657 . 32 . The Corps continues to assert that the determination of significance can be qualified by the status quo of the ecosystem being evaluated.

Beech v. HERCULES DRILLING CO., LLC

786 F. Supp. 2d 1140 · District Court, E.D. Louisiana · Mar 24, 2011

It is a long-established and widely-accepted principle that “course and scope” under the Jones Act is a broader standard than that applied to land-based employees. … The court held that “in order for an activity to qualify as being within the scope of employment, it must be a necessary incident of the day’s work or be essential to the performance of the work.”

Paulin v. United States Department of Homeland Security

District Court, E.D. Louisiana · Mar 30, 2022

is how an employee qualifies for a promotion to a new FQS position.12 Employees are considered “qualified” in their FQS position once they complete the “task book” that corresponds with that position … out to all who would listen that he was vastly—or even clearly—more qualified for the subject job.’”

Sherman v. Danos, LLC

District Court, E.D. Louisiana · Jul 1, 2024

For avoidance of doubt, nothing in this Contract is intended or shall be construed to create or establish any agency, joint venture, or partnership between the Parties. … While the Fifth Circuit has noted that the reality at the worksite and the parties’ actions in carrying out a contract can impliedly modify, alter, or waive express contract provisions,172 the MSC clearly states that no