Case law

United States v. New Orleans Chapter, Associated General Contractors of America, Inc.

238 F. Supp. 273 · District Court, E.D. Louisiana · Feb 17, 1965

C.A., requires a “plain, concise and definite written statement of the essential *275 facts constituting the offense charged,” it is also clearly established that evidence need not be pleaded in an indictment. … The rules of evidence to be applied here are well-established in Louisiana jurisprudence as well as at common law.

Blount v. Wright National Flood Insurance Company

District Court, E.D. Louisiana · Feb 14, 2023

As claims for judicial interest in lawsuits brought against FEMA are barred by sovereign immunity, the claim for pre and post-judgment interest must also be dismissed.22 Plaintiff’s claim for breach of contract … Jan. 16, 2019) (stating that “[t]he Fifth Circuit has clearly held that federal law preempts state law tort claims arising from claims handling by a WYO insurer”). 21 Howell-Douglas, 24 F.

In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico

168 F. Supp. 3d 908 · District Court, E.D. Louisiana · Mar 10, 2016

Plaintiffs contend that BP’s interpretation is contrary to OPA’s purpose of expanding the scope of liability beyond traditional maritime standards and would exclude entire categories of claims that were clearly intended to … For one thing, it seems doubtful that the government’s concerns about industry-wide safety measures would qualify as a "substantial threat of a discharge of oil” under OPA. See 33 U.S.C. §§ 2701 (14), 2702(a). .

Louisiana Corral Management, LLC v. Axis Surplus Insurance Company

District Court, E.D. Louisiana · Jan 11, 2023

To carry its burden to establish work product protection, Defendant must substantiate all actual assertions about the claim. … “Good cause” exists when disclosure will result in a clearly defined and serious injury to the party seeking the protective order.41 The party seeking the protective order bears the burden of showing that a protective

Matthews v. International House of Pancakes, Inc.

597 F. Supp. 2d 663 · District Court, E.D. Louisiana · Jan 23, 2009

took place under conditions establishing an inference of discrimination. … Therefore, the Plaintiffs’ allegations are insufficient to establish a claim for racial discrimination under § 1981, because the IHOP Entities were not Matthews’s employer.

Brown v. Social Security Administration

District Court, E.D. Louisiana · Dec 13, 2019

Pecos Cty., Tex., 88 F.3d 341, 343 (5th Cir. 1996) (“Because sovereign immunity deprives the court of jurisdiction, the claims barred by sovereign immunity can be dismissed only under Rule 12(b)(1) and not with prejudice … App’x 130, 133 (5th Cir. 2014) (“It is well established that Rule 12(b)(6) dismissals are made on the merit.”).

Mahon v. Madisonville Town

District Court, E.D. Louisiana · Mar 5, 2021

Plaintiff asserts that Defendants are not entitled to qualified immunity with regard to his Section 1983 and Fourteenth Amendment claims because Defendants’ actions lacked objective reasonableness. Id. at 10-13. … As the Fifth Circuit explained, consideration of such documents is appropriate because “[i]n so attaching, the defendant merely assists the plaintiff in establishing the basis of the suit, and the court in making the elementary

New Orleans City v. BellSouth Telecommunications, Inc.

728 F. Supp. 2d 834 · District Court, E.D. Louisiana · Jul 26, 2010

It is well established that the starting point for the interpretation of any statute is the language of the statute itself. … If the City or Council desired to receive additional compensation from all pre-existing franchises they would not have included this qualifying phrase.

Sencial

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

conclusions or mere conclusory statements.55 In sum, “[f]actual allegations must be enough to raise a right to relief above the speculative level.”56 It is well established … Even if Plaintiff’s claim that Officer Galvez committed perjury was not barred under Heck, this claim would still fail, as “a police officer is entitled to absolute immunity when testifying as a witness in criminal legal

Vault Corp. v. Quaid Software Ltd.

655 F. Supp. 750 · District Court, E.D. Louisiana · Feb 12, 1987

Clearly, the copyright rights to these underlying programs belong to their publishers, not Vault. 29. … However, “it is not completely immune from such a mishap.” Micro-Sparc, Inc. v. Amtype Corp., 592 F.Supp. 33 , 35 n. 8 (D.Mass.1984).

In Re Chinese Manufactured Drywall Products Liability Litigation

759 F. Supp. 2d 822 · District Court, E.D. Louisiana · Dec 16, 2010

An “all risk” policy is an insurance policy where all risks are covered unless clearly and specifically excluded. See Dawson Farms, LLC v. Millers Mut. Fire Ins. … The Court cannot speculate as to whether some of these secondary losses might qualify for coverage under the ensuing loss provision.

AMC Liftboats, Inc. v. APACHE CORPORATION

622 F. Supp. 2d 355 · District Court, E.D. Louisiana · Mar 5, 2008

Accordingly, under the Tanksley decision, A.M.C. is barred from qualify *362 ing under the Meloy exception to LOIA because, by settling Trahan’s claim, it eliminated the possibility of being exonerated from liability for … Expro asserts that the exception established in Marcel v. Placid Oil Co., 11 F.3d 563 (5th Cir.1994) (“the Marcel exception"), does not apply in this situation. A.M.C. did not dispute that assertion.

Williams v. Department of Social Services State of Louisiana

District Court, E.D. Louisiana · Aug 3, 2023

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 his inability to pay fees under 28 U.S.C. § 1915(a)(1)(2).

Magee v. Reed

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

immunity, (3) plaintiff’s due process claim related to bond failed to show that Reed was “causally connected” to plaintiff’s bail problems, and (4) plaintiff’s Monell claim failed to … Immateriality is established by showing that the challenged allegations “can have no possible bearing upon subject matter of the litigation.” Bayou Fleet P'ship, LLC v. St.

Barthelemy v. CHS-SLE Land, L.L.C.

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

Next, Plaintiff argues that she has clearly articulated her claim of gender discrimination in the Complaint.60 Plaintiff contends that the Complaint alleges that Plaintiff was one of the few women hired by Defendant, that … The burden is clearly on the plaintiff to show good cause as to why service was not effected timely,77 and the plaintiff must demonstrate “at least as much as would be required to show excusable neglect, as to which simple

Markiewicz v. Galloway, Johnson, Tompkins, Burr and Smith APLC

District Court, E.D. Louisiana · Oct 18, 2022

It is clear from Markiewicz’s deposition testimony that she cannot establish that the significant amount of time that she took off in 2018 would have qualified for FMLA leave. … The remarks clearly evince Albert’s displeasure with Markiewicz’s significant leave in 2018 and her concern that it could happen again in 2019.

In re Shell Oil Refinery

155 F.R.D. 552 · District Court, E.D. Louisiana · Oct 20, 1993

This is a sub-specialty in which few attorneys qualify. … The fee requested is clearly reasonable and justifiable under the lodestar analysis, no one appearing at the settlement hearing opposed the fee, and it is supported by a percentage analysis.

Beckendorf v. Fleischman

District Court, E.D. Louisiana · Mar 18, 2025

A plaintiff must satisfy three elements to establish § 1983 liability: (1) deprivation of a right secured by the U.S. … It clearly states that any exception to the lights out at lockdown, 10:30pm guideline is at the discretion of the supervisor.

Morgan Guaranty Trust Co. v. M/V Grigorios C. IV

615 F. Supp. 1444 · District Court, E.D. Louisiana · Aug 20, 1985

Both domestic and foreign ship mortgages can qualify as preferred mortgages under the Ship Mortgage Act. … Even assuming that Mobil is entitled to a maritime lien for the oil supplied to the Grigorios by Mobil South Africa, that oil was clearly not supplied in the United States.

Se Prop. Holdings, LLC v. Unified Recovery Grp., LLC

357 F. Supp. 3d 537 · District Court, E.D. Louisiana · Nov 30, 2018

The nonmovant may not rest upon the pleadings but must identify specific facts that establish a genuine issue for trial. See, e.g. , id. at 325 , 106 S.Ct. 2548 ; Little , 37 F.3d at 1075 . … "Identifiable proceeds, which arise from the collection or disposition of qualified property by the taxpayer, are considered to be acquired at the time such qualified property is acquired if the secured party has a continuously