Case law

Ragas v. Taylor-Seidenbach, Inc.

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

These actions clearly demonstrate that Plaintiff’s injury causing incidents—exposure to asbestos while maintaining the power plant of the drilling platform—sufficiently constitute the requisite operation for OCSLA jurisdiction … The defendant seeking to establish fraudulent assertion of Jones Act jurisdiction has a heavy burden, as the removing party must prove that there is no possibility that plaintiff would be able to establish a Jones Act claim

Lynch v. Fluor Federal Petroleum Operation, LLC

District Court, E.D. Louisiana · Mar 9, 2022

App. 1 Cir. 6/8/12); 93 So. 3d 754, 758 (“An employer seeking to avail itself of tort immunity bears the burden of proving its entitlement to immunity.”). 96 Rec. … Assuming that [the defendant] had a duty to ensure that employees did not bring guns on the premises, that duty is clearly to protect its customers and other employees; further, the murder did not take place

Johnson v. NCL (Bahamas) Ltd.

163 F. Supp. 3d 338 · District Court, E.D. Louisiana · Feb 19, 2016

Star Cruises, 121 from the Southern District of Florida, solely involved foreign seamen to whom the Convention clearly applied, as opposed to a U.S. seaman, to whom the Convention clearly does not apply. 122 Johnson argues … in question was just offshore from the coast of Louisiana and found the mere fact that the rig sat in international waters “more than twelve miles off the coast of the United States .. .insufficient in and of itself to qualify

Hicks v. Crown Zellerbach Corp.

49 F.R.D. 184 · District Court, E.D. Louisiana · Aug 8, 1968

No. 30 of Record), clearly indicates, and plaintiff’s counsel has repeatedly stated, that the basis for this suit is the charge filed with the EEOC on March 16, 1966. … Persons promoted shall go around a waived position in any job slot, and persons demoted shall likewise go around such a position on the way down; (5) Qualified employees shall be selected for training on the same basis as

United States v. Mahoney

355 F. Supp. 418 · District Court, E.D. Louisiana · Feb 14, 1973

The court stated ( 447 F.2d at 906 ): The facts of this case clearly fit within the framework of the law in this *426 field [the defense of entrapment]. … I do not believe that this conversation conclusively establishes a prior agreement to accept the drugs in question.

In Re Marine Leasing Services, Inc.

328 F. Supp. 589 · District Court, E.D. Louisiana · Jun 25, 1971

Tug Crochet, 422 F.2d 602, 609 (5th Cir. 1970) rehearing denied (1970), establishes that a party who violates the Coast Guard regulations requiring that an information card or “chemcard” be carried on the barge and readily … As such, the bareboat charterer qualifies as “owner” for purposes of the statutes relating to limitation of liability. See 46 U.S.C.A. § 186 ; Gilmore and Black, supra at p. 218.

Walker v. Pohlmann

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

subjects, or causes to be subjected, any . . . person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution … Although no such defense has been asserted, the Court further observes that the Fifth Circuit recently joined other Circuits to hold that there is no qualified immunity defense available

Monumental Task Committee, Inc. v. Foxx

157 F. Supp. 3d 573 · District Court, E.D. Louisiana · Jan 26, 2016

However, because a preliminary injunction is an extraordinary remedy, it “should not be granted unless the party seeking it has clearly carried the burden of persuasion on all four requirements.” … However, Schambeau insists that his team will have qualified and highly-skilled crane operators and riggers for this project, as well as high-quality equipment. Id. at 116.

In Re Vioxx Products Liability Litigation

760 F. Supp. 2d 640 · District Court, E.D. Louisiana · Oct 19, 2010

But on closer scrutiny it clearly is not. It is true that many of those who have done common benefit work have their own clients and have received or will receive a fee from them. … Accordingly, an assessment of 6% is clearly acceptable to them.

Shannon v. Jackson

District Court, E.D. Louisiana · Jun 27, 2023

are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … CONCLUSION Plaintiff has established her inability to pay fees under 28 U.S.C. § 1915(a)(1)(2).

Broussard v. Huntington Ingalls, Inc.

District Court, E.D. Louisiana · May 27, 2020

The contracts established the mandatory terms, conditions, and specifications, which were imposed on Avondale by the Navy. … Avondale has asserted a colorable federal defense In its Notice of Removal, Avondale has raised a federal defense by invoking the jurisprudential doctrine of government contractor immunity established

Perkins v. United States Deptartment of Agriculture

399 F. Supp. 1371 · District Court, E.D. Louisiana · Aug 5, 1975

Government defense of sovereign immunity or failure to exhaust administrative remedies with no certainty as to the steps required to exhaust such remedies. … Clearly, private employees had more than the mere right to have their EEOC record reviewed by courts.

Sandifer v. Unidentified Parties

District Court, E.D. Louisiana · Mar 6, 2025

The party offering the testimony must establish its reliability by a preponderance of the evidence. See Moore v. Ashland Chem. Inc., 151 F.3d 269, 276 (5th Cir. 1998). … Rule 702 also requires that an expert be properly qualified.

Hardy v. Scandinavian Airlines System

District Court, E.D. Louisiana · Jun 23, 2025

the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.”39 The Court is not concerned with whether the opinion is correct, but whether the preponderance of the evidence establishes … Robinson were qualified to offer an expert opinion on Defendant’s organizational safety culture, his opinion in this case is unreliable. Mr.

Montecino v. Louisiana

55 F. Supp. 2d 547 · District Court, E.D. Louisiana · Jun 28, 1999

The Court finds that the plaintiffs’ asserted interest here does not qualify as a protected property interest under the Fifth Amendment Taking Clause or under the Due Process Clause of the Fourteenth Amendment. 1. … The restriction on their speech, on their campaign plans, was clearly vindicated and lifted before the election ever took place.

Taylor v. E.I. DuPont de Nemours and Company

District Court, E.D. Louisiana · May 23, 2025

However, the LWCA’s exclusivity provision does not apply to qualifying intentional acts. See La. … Based on the previously discussed precedent, plaintiffs’ claim of an unsafe work environment clearly falls under the LWCA. Notably, plaintiffs fail to allege that DPE required Ms.

Sadeghpour

District Court, E.D. Louisiana · Aug 6, 2026

Jan. 5, 2016) (requiring plaintiff to “confirm that the requested information does not exist”); see Callais, No. 2018 WL 6517446, at *7 (ordering qualified representative to provide a sworn certification that no responsive … set[ ] forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that is claimed.’” (quoting Bowne, Inc. v.

Lewis v. Seashore

District Court, E.D. Louisiana · Jul 23, 2025

court “must sua sponte dismiss [the case] at any time if it determines that the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … CONCLUSION Plaintiff has established her inability to pay fees under 28 U.S.C. § 1915(a)(1)(2).

Louisiana Acorn Fair Housing v. Quarter House

952 F. Supp. 352 · District Court, E.D. Louisiana · Jan 9, 1997

It may not rest upon mere allegations made in its pleadings or conelusory allegations without setting forth specific facts establishing a genuine issue worthy of trial. Id. … The clear language of the preamble states that HUD intended the term dwelling to be “clearly broad enough” to include timeshare properties.

Smolensky v. McDaniel

144 F. Supp. 2d 611 · District Court, E.D. Louisiana · May 16, 2001

Plaintiffs proposed claims against McDaniel are clearly based on the same nucleus of operative facts as her initial claims against him. … General Electric apparently does not urge a qualified privilege in this case because plaintiff has alleged that Schaefer’s statements were not made in good faith.