Case law

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

Joseph

District Court, E.D. Louisiana · Jul 31, 2026

MGM Resorts Int’l, Inc., 49 F.4th 918, 923 (5th Cir. 2022)) (“[W]e have clearly held that ‘verbal reprimands . . . 20 Id. at 6. … Her passing statement that Aucoin did not receive an email is not enough to establish that Aucoin was similarly situated.

Fletcher v. Louisiana State

District Court, E.D. Louisiana · Jun 21, 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 … not dismiss a claim simply because the facts are “unlikely.”11 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . .

Adams v. Unione Mediterranea Di Sicurta

234 F. Supp. 2d 614 · District Court, E.D. Louisiana · Nov 27, 2002

B, Dep. of Luigi Giovannini, at 9-11). 2 UMS maintains that it has, inter alia, (1) never stipulated an insurance contract in the United States; (2) it never has qualified to do business in the United States; (3) has never … The facts recited above clearly demonstrate that this controversy arises out of and relates to UMS’s contacts with Louisiana. Illustratively, the cargo sank in Louisiana.

United States v. Louisiana

718 F. Supp. 499 · District Court, E.D. Louisiana · Jul 19, 1989

The remaining four-year state universities were established for whites only. … PBIs clearly attract more non-resident students and students from distant parishes within the state than do PWIs.

Johnson v. Regions Bank

District Court, E.D. Louisiana · Jul 1, 2020

Privileged communications are divided into two general classes: (1) absolute; and (2) conditional or qualified.107 The “conditional or qualified privilege” protects communications that either vindicate or … of a credit agreement as defined in La R.S. 6:1121.”135 Accordingly, Regions Bank has not established that the LCA precludes liability 130 La.

St. Bernard Citizens for Environmental Quality, Inc. v. Chalmette Refining, L.L.C.

399 F. Supp. 2d 726 · District Court, E.D. Louisiana · Oct 14, 2005

Nevertheless, defendant argues that the Court should essentially ignore these clearly established permit violations because the LDEQ has declared that the reported violations are not actually violations. … Defendant asserts that “coker blowdown” produced sulfur dioxide emissions that qualify as process upset gas that is exempt from sulfur dioxide emissions standards under 40 C.F.R. § 60.104 (a)(1).

Wells Fargo Bank, N.A. v. Jones

391 B.R. 577 · District Court, E.D. Louisiana · Jul 1, 2008

The initial burden was properly placed upon Jones to establish errors in the calculation of the Wells Fargo debt. … As noted above, a bankruptcy court’s findings of fact are subject to clearly erroneous review. Fed. R. Bankr.P. 8013.

Addison v. Louisiana Regional Landfill Company

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

emotional one.”30 “An order in limine excludes only clearly inadmissible evidence; therefore evidence should not be excluded before trial unless it is clearly … experts because their “testimony was essential for establishing general causation.”102 Plaintiffs claim the Court rejected Mr. Stutz’s rebuttal of Mr.

Bruce v. BP p.l.c.

District Court, E.D. Louisiana · Mar 18, 2024

App’x at 317-18 (“A court’s decision to grant a motion to dismiss qualifies as actual litigation because dismissal with prejudice is ‘a final judgment on the merits.’”) (quoting Brooks v. … complaint filed in forma pauperis if the court concludes the action 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

Query

District Court, E.D. Louisiana · May 4, 2026

It generally reasserts its original arguments and further contends that the surveillance footage depicting the incident shows that the speed bump was a much darker color than the parking lot pavement, which “clearly establishes … First, Rule 702 requires that an expert must be properly qualified.

In re Oil Spill by the Oil Rig "Deepwater Horizon"

910 F. Supp. 2d 891 · District Court, E.D. Louisiana · Dec 21, 2012

Compensation available under the Individual Economic Loss Framework includes lost earnings, RTPs, lost benefits, qualified training costs, qualified job search costs, and one-time non-recurring event commission compensation … Any claimant in any zone can recover if the claimant can establish causation and damages according to clearly defined criteria supported by objective economic data. 2.

US EX REL. BRANCH CONSULTANTS v. Allstate Ins.

668 F. Supp. 2d 780 · District Court, E.D. Louisiana · Dec 22, 2009

In order to qualify for original-source status, a relator must pass a two-part test. … Plaintiff's complaint, however, states very clearly: "Prior to filing this action, Branch voluntarily disclosed to the Government the information forming the basis of this Complaint pursuant to 31 U.S.C. § 3730 (e)(4)(B).

Thomas v. Seabird Exploration Cyprus Ltd.

District Court, E.D. Louisiana · Sep 23, 2020

Ordinarily, if a worker spends less than 30 percent of his time in service of a vessel, he should not qualify for seaman status. See Becker v. Tidewater, Inc., 335 F.3d 376, 388-89 (5th Cir. 2003). … clearly titled “Employment Agreement” and lists Plaintiff as “Employee.”!? At most, Plaintiff's resume creates a genuine issue of material fact inappropriate for resolution on summary judgment.

Leflore v. Norfolk Southern Corp.

District Court, E.D. Louisiana · Jan 16, 2020

The nonmovant may not rest upon the pleadings but must identify specific facts that establish a genuine issue at trial. See id. at 325; Little, 37 F.3d at 1075. … ADM QUALIFIES AS AN INSURED UNDER THE POLICY ADM contends that it qualifies as an insured under the provision of the Policy titled “Lessors Of Equipment,” which provides:

Brassette

District Court, E.D. Louisiana · Dec 1, 2025

qualified for his job. … American Airlines, Inc., the Fifth Circuit held that a Plaintiff may establish he was qualified for a position by showing that he “continued to possess the necessary qualifications for his job 42 R.

Addison v. Louisiana Regional Landfill Company

District Court, E.D. Louisiana · Aug 10, 2024

Although LDEQ clearly documented elevated levels of H2S in these communities, their measurements over short discrete intervals significantly underestimated the magnitude of H2S emissions during the years 2017 … Schiffman will not be allowed to testify that the Trial Plaintiffs have established specific causation as to each Plaintiff. In her fourth opinion, Dr.

Gentry v. TJX Companies Inc

District Court, E.D. Louisiana · Feb 7, 2024

A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify … Holding Plaintiff to her burden of proof is insufficient to establish prejudice.

Hall v. Fraternal Order of Police

District Court, E.D. Louisiana · Oct 17, 2023

Under this test, a plan qualifies as an “employee welfare benefit plan” and therefore is subject to ERISA where the plan (1) exists; (2) “falls within the safe-harbor provision established 3 Federal claims that “[t]here … Such a claim clearly falls within the parameters of section 1132(a)(1)(B), and within the standards set forth in Davila and Ellis.

Branch v. Lobello

District Court, E.D. Louisiana · Jan 8, 2025

Montgomery, 18 now moves to dismiss plaintiffs’ claims under Rule 12(c) and Rule 56 of the Federal Rules of Civil Procedure.19 Sims asserts that prosecutorial immunity bars plaintiffs’ claims for monetary … And because plaintiffs provide no facts to show that they qualify for any of the three limited Younger exceptions, the Court finds them to be inapplicable here. See Tex. Ass’n of Bus. v.