Case law

Rak v. C-Innovation, L.L.C.

District Court, E.D. Louisiana · Jul 10, 2025

“An order in limine excludes only clearly inadmissible evidence; therefore evidence should not be excluded before trial unless it is clearly inadmissible on all potential grounds.”24 Instead, courts should reserve evidentiary … United States, 523 F.3d 597, 601 (5th Cir. 2008)) (“Under Texas law, a plaintiff alleging medical malpractice must establish, as a threshold issue, the standard of care that was breached.

4 Aces Enterprises LLC v. John Bel Edwards

District Court, E.D. Louisiana · Aug 17, 2020

The bar owners had not “clearly carried” their burden of showing that the requirements for obtaining this “extraordinary and drastic” remedy were met. See Anderson v. … See, e.g., John Harrison, Reconstructing the Privileges or Immunities Clause, 101 YALE L.J. 1385, 1414-16 (1992).

Hankins

District Court, E.D. Louisiana · Jan 30, 2026

The defendants filed motions for summary judgment on the basis of qualified immunity. … Thus, “[a] plaintiff in a negligence action who asserts mental or physical injury, places that mental or physical injury clearly in controversy and provides the defendant with good cause for an examination to determine

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.

United States v. Louisiana

815 F. Supp. 947 · District Court, E.D. Louisiana · Feb 19, 1993

Secondly, the state defendants argue that the Fordice decision established a criteria for liability which requires a review of evidence that cannot be adequately considered on a motion for summary judgment. … [The applicant] is entitled to prompt admission under the rules and regulations applicable to other qualified applicants.”), quoted in, Knight v. Alabama, 787 F.Supp. 1030, 1356 (N.D.Ala.1991). .

Scott v. Mandeville City

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

Initially, the Causeway Defendants filed the Motion as a motion to dismiss, seeking dismissal on the basis of qualified immunity and failure to state a claim. … Even if this is true, the other facts and circumstances established by Defendants are enough to create probable cause and warrant summary judgment on Plaintiff’s false arrest claim. II.

Delta Book Distributors, Inc. v. Cronvich

304 F. Supp. 662 · District Court, E.D. Louisiana · Sep 3, 1969

However, these procedures, among others, may have to incorporate provisions immunizing alleged violators from criminal liability for any activities occurring prior to an adversary judicial determination of the fact of obscenity … Applying these principles to the cases before us, the arrests, as well as the seizures claimed to be incident thereto, are clearly invalid for lack of a prior adversary determination of the obscenity of the materials upon

Rodrigue v. Rodrigue

55 F. Supp. 2d 534 · District Court, E.D. Louisiana · Feb 12, 1999

Section 201(e) thus qualifies the provision for transfers “by operation of law” by requiring that “such operation of law must be triggered by the express or implied consent of the author.” … Worth’s holding cannot comply with the Copyright Act, and hence would be clearly preempted.”) See also Patry, 28 Bull. Copr. Soc’y U.S.A. at 267.

Case v. ANPAC Louisiana Insurance

466 F. Supp. 2d 781 · District Court, E.D. Louisiana · Dec 11, 2006

The reference to natural events is inserted to ensure that an accident such as a bridge collapse qualifies as an accident within the scope of the bill, notwithstanding that the collapse was caused by long-term flooding, foundation … Whereas, in section 1369(c)(4), which defines the term accident, the phrase “incurred at a discrete location” clearly is intended to reference the deaths.

United States Smelting, Refining & Mining Co. v. Waterman S. S. Corp.

62 F. Supp. 511 · District Court, E.D. Louisiana · Sep 20, 1945

shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, approved April 16, 1936, and nothing herein contained shall be deemed a surrender by Carrier of any of the rights or immunities … He testified that he personally examined the pelican hooks and the stanchions and found the former to have been freshly bent and to have pulled open, while the wood of the latter, clearly, had just been shivered and broken

Valero Marketing & Supply Co. v. M/V Almi Sun, IMO No. 9579535

160 F. Supp. 3d 973 · District Court, E.D. Louisiana · Feb 8, 2016

Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence. 71 B. … The Court notes that in addition to opposing the instant cross-motion for summary judgment, Vale-ro filed a motion for reconsideration of the Court’s prior order. 121 Although Valero did not clearly state the basis of its

Rodgers v. Gusman

District Court, E.D. Louisiana · Jul 24, 2019

Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence.87 … Thus, Plaintiff only presents facts to establish one isolated violation.

Ali v. Gensler

District Court, E.D. Louisiana · Jan 17, 2024

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 … “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . .

Fletcher v. Kenner Police Department

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 … are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . .

Romero v. AECOM

District Court, E.D. Louisiana · Nov 22, 2022

AECOM argues that the Magistrate Judge’s ruling was clearly erroneous and contrary to law, R. … The party seeking reversal of the magistrate judge’s order, “carries the burden of establishing that the standard to set the order aside is met.” Redmond v.

Porter v. Lemire

District Court, E.D. Louisiana · Apr 17, 2024

the complaint under 28 U.S.C. § 1915(e)(2),12 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 … Should Plaintiff later establish the existence of exceptional circumstances, he may at that time move for appointment of counsel.

Gaudet v. Sheet Metal Workers' National Pension Fund

216 F. Supp. 2d 582 · District Court, E.D. Louisiana · Mar 11, 2002

The court’s order purportedly fulfilled all requirements necessary to create a valid Qualified Domestic Relations Order (QDRO) and established Audrey as an “alternate payee” of half of Stanley’s pension benefits. … Because the LUCPF administrative procedures are clearly delineated, plaintiff should act in compliance with them before requesting this Court’s attention to her claim.

American Petroleum Institute v. U.S. Department of Commerce

District Court, E.D. Louisiana · Jul 29, 2025

It further established a submission date of July 23, 2023. Id. On the filing deadline of May 2, 2025, Plaintiffs filed this Motion to Compel Privilege Log. ECF No. 70. … Cir. 2006) (noting that a showing of compelling need can overcome the qualified deliberative process privilege); F.T.C. v.

Rey

District Court, E.D. Louisiana · Nov 3, 2025

Rule 702 also requires that an expert be properly qualified. … Here, Bommer is qualified to testify as an expert in acoustics.

Ditcharo v. Union Pacific Railroad Company

District Court, E.D. Louisiana · Apr 3, 2024

In the instant matter, Avondale asserts federal defenses of discretionary immunity as outlined in Boyle v. United Technologies Corporation and Yearsley v. … A Boyle defense gives “federal contractors an immunity enjoyed by the federal government in the performance of discretionary actions.” Id.