Case law

Bailey v. Board of Commissioners of the Louisiana Stadium and Exposition District

District Court, E.D. Louisiana · Feb 19, 2020

Furthermore, there are clearly factual issues in dispute regarding whether the program, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. … Corp., the Second Circuit adopted a burden-shifting scheme for establishing whether a public accommodation experienced a qualifying alteration . . .

Security Industrial Insurance v. United States

525 F. Supp. 310 · District Court, E.D. Louisiana · Oct 14, 1981

criteria which adequately define when a reorganization qualifies as a mere change in form, identity, or place of incorporation. … These criteria are clearly satisfied herein. The Ourso family, through the corporate device of OIC, commonly owned Southern, Standard, and Security.

MANGOLIA MARINE TRANSPORT v. Frye

875 F. Supp. 1216 · District Court, E.D. Louisiana · Sep 13, 1994

His license qualifies him as a Master, all gross tons, any vessels; and First Class Pilot, same tonnage, the Lower Mississippi River to New Orleans, inter alia. … He is qualified as an expert in marine safety and vessel operations and has never been tendered an expert in a field that he was not accepted. 12 .

Reed v. Butler

683 F. Supp. 565 · District Court, E.D. Louisiana · Apr 6, 1988

If armed with an instrumentality not inherently dangerous, he would not have qualified as having been armed with a dangerous weapon for he did not use the object in a manner likely to produce death or great bodily harm. … Clearly the trial judge in Batiste redefined the elements of the crime of armed robbery under the law as it existed before the 1983 revision. Thus, we find Reed’s ex post facto claim to be meritless.

Trudeau v. Barnes

1 F. Supp. 453 · District Court, E.D. Louisiana · Nov 3, 1932

In article VI plaintiff alleges: “That he was in every way qualified for registration as a voter under the validly adopted provisions in the constitution and laws of Louisiana; and the failure and refusal of the said Charles … In the Guinn Case the court said: “No time need he spent on the question of the validity of the literacy test, considered alone, since, as we have seen, its establishment was but the exercise by the state of a lawful power

In re Pool Products Distribution Market Antitrust Litigation

988 F. Supp. 2d 696 · District Court, E.D. Louisiana · Dec 18, 2013

Free Freight Mínimums DPPs allege that, in 2007, Manufacturer Defendants each raised the required dollar purchase amount for an order to qualify for free freight from $10,000 to $20,000 in the course of a three-month period … To be sure, the plaintiffs’ allegations do not establish the existence of a horizontal conspiracy, or even that it is more likely than not that such a conspiracy occurred.

Clark v. America's Favorite Chicken Co.

908 F. Supp. 390 · District Court, E.D. Louisiana · Dec 18, 1995

Further, plaintiffs maintain that their amended complaint clearly states a cause of action against defendants. Law and Application I. … The burden is on plaintiffs to establish the Court’s jurisdiction over Belatti and BCG, see Stuart v.

Carr v. Enterprise Marine Services, LLC

District Court, E.D. Louisiana · May 18, 2021

Crawford is not qualified to render such an opinion.12 EMS also seeks to exclude Dr. … Crawford is not qualified to render such an opinion.36 In opposition, Plaintiff argues that Ms.

Moore v. U.S. Postal Service

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

of 1250 hours to qualify for FMLA. … To establish a claim under the Rehabilitation Act, a plaintiff must show that she: (1) is an individual with a disability; (2) is otherwise qualified to perform the job; (3) was employed in a program or activity that

Payton

District Court, E.D. Louisiana · Mar 20, 2026

the court “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 … does not exist.”5 A court may not dismiss a claim simply because the facts are “unlikely.”6 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional

Cornwell

District Court, E.D. Louisiana · Jan 15, 2026

He argues that the experts’ testimony clearly demonstrates that their professional experiences substantiate their ability to assist the jury in understanding issues of fact. Id. at 6–9. … First, Rule 702 requires that an expert must be properly qualified.

Christine St. Hubert v. OPS Family Care, LLC

District Court, E.D. Louisiana · Jan 12, 2026

clearly established, whether the default was caused by a good faith mistake or excusable neglect, the harshness of a default judgment, and whether the court would think itself obliged to set aside the default on … submit the owed wages within the fifteen days required under the statute.”26 As discussed above, Plaintiff has established each of these points.

BONVILLAIN v. Louisiana Land & Exploration Co.

702 F. Supp. 2d 667 · District Court, E.D. Louisiana · Mar 29, 2010

Sun Oil Trading Co., 584 F.Supp. 36, 39 (S.D.N.Y.1983). 13 *684 This view has been questioned and qualified to be applicable only where a party resorts to the state long-arm statute to establish jurisdiction. … The complaint does not clearly specify each omitted or underreported equipment and its value.

Lemar Towing Co., Inc. v. Fireman's Fund Insurance Co.

352 F. Supp. 652 · District Court, E.D. Louisiana · Jul 17, 1972

Plaintiff, on the other hand, insists that the clause clearly covers a loss occurring in any water, Louisiana or Mississippi, within 50 miles of the shore or coast of Louisiana. … It is clearly the duty of a shipowner to not only provide a crew sufficient in number, June T. Inc. v.

DeGruy-Hampton v. Ochsner Clinic Foundation

District Court, E.D. Louisiana · Jun 18, 2021

, the author, and all recipients of each document listed therein, but should also describe the document's subject matter, the purpose for its production, and a specific explanation of why the document is privileged or immune … each element of the privilege or immunity that is claimed.’”)

WHITNEY NAT. BANK, ETC. v. State Farm Fire & Cas.

518 F. Supp. 359 · District Court, E.D. Louisiana · Jul 21, 1981

The facts are stipulated, and/or established by the exhibits received in evidence. On May 27, 1979 a fire damaged or destroyed property of Foreign Car Parts, Inc., 4921 Airline Highway, Metairie, Louisiana. … The language in MLB-100 which provides for application of the union or standard mortgage clause clearly states "Applicable to buildings only."

Regan v. BP Exploration & Production Inc.

District Court, E.D. Louisiana · Mar 15, 2023

Plaintiff Robert Leland Regan, III claims to suffer from a host of medical conditions because of the exposure, including syncope and collapse, dizziness, food reaction, chemical sensitivity, toxic encephalopathy, immune … Federal Rule of Evidence 702 provides that a witness who is qualified as an expert may testify if: (1) the expert’s “specialized knowledge will help the trier of fact to understand the evidence or to determine

Transorient Navigators Co. S/A v. the M/S Southwind

524 F. Supp. 373 · District Court, E.D. Louisiana · Jul 28, 1981

Both pilots were licensed and qualified as pilots by the State of Louisiana. … The SOUTHWIND’s sheer to port across the center line of the channel clearly violated Rule 80.10 of the Rules of the Road for Inland Waters, which states: “[I]n narrow channels every steam vessel shall keep to the side of

Sanders v. Christwood, LLC

District Court, E.D. Louisiana · Jun 26, 2019

Further, none qualifies as an adverse employment action under Title VII. … When a plaintiff relies on circumstantial evidence, as in this case, the plaintiff must first establish a prima facie case of discrimination by proving that: (1) she is a member of a protected class; (2) she was qualified

Kandan v. Burrows

District Court, E.D. Louisiana · Sep 26, 2025

Rule 701 allows the admission of fact witness opinions when they are rationally based on the witness’s perception and “helpful to clearly understanding the witness’s testimony or to determining a fact in issue,” provided … Rules 701 and 702 permit coworkers to compare candidates and testify as to their subjective beliefs as to discrimination so long as the witness can establish a factual foundation for those beliefs. See Haun v.