Case law

MGMTL, LLC v. Strategic Technology Institute, Inc.

District Court, E.D. Louisiana · Feb 16, 2022

The Court agrees with STI that MGMTL has failed to establish that Menes is qualified to offer an expert opinion regarding the “fair market value or reasonable 83 R. … Ames, for the proposition that the owner of property is qualified by his ownership alone to testify as to its value.170 The Court finds those cases clearly distinguishable from the facts of this case, as LaCombe

Coates v. AC AND S, INC.

844 F. Supp. 1126 · District Court, E.D. Louisiana · Jan 14, 1994

Article 2315 clearly speaks in terms of the right to recover damages and states that, in the event that the injured person dies, such right shall survive one year from the date such right shall survive one year. … manufacturing defendants who were dismissed prior to trial and whether the rights of contribution among the tortfeasors arose before 1976, when executive officers were liable, or after 1976, when executive officers became immune

Jackson v. St. Charles Parish Housing Authority Board of Commissioners

District Court, E.D. Louisiana · Feb 21, 2020

Jackson does not clearly oppose or concede this point. … Hibbs, 538 U.S. 721, 724 (2003) (abrogating Eleventh Amendment immunity for the FMLA’s family-care provision).

Carter v. St. Tammany Parish School Board

District Court, E.D. Louisiana · Mar 29, 2021

Where Defendants clearly outlined the steps Carter needed to take an FMLA leave of absence and provided the means to do so, the only obstacle to obtaining such authorization was Carter’s failure to fill out the form. … To establish a prima facie discrimination claim under the ADA, a plaintiff must prove (1) she has a disability, or was regarded as disabled; (2) she was qualified for the job; and (3) she was subject to an adverse employment

Jackson Court Condominiums, Inc. v. City of New Orleans

665 F. Supp. 1235 · District Court, E.D. Louisiana · Jul 20, 1987

This is clearly not the case in the instant litigation. … Ordinance 8344 clearly does not violate Jackson Court’s substantive due process rights.

Ruiz

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

[E&E Machine] specifically waives any immunity provided against this indemnity by an industrial insurance or workers’ compensation statute. R. … Such a motion under Rule 59(e) “‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and should have been made before

Addison v. Louisiana Regional Landfill Company

District Court, E.D. Louisiana · Jul 11, 2024

.;8 and Waste Connections US, Inc.9 On November 5, 2019, the Court issued the first Case Management Order (“CMO”), which established a bifurcated litigation schedule under which the issue of … a level of five parts per billion for thirty minutes “is sufficient by itself for individuals generally to be able to smell hydrogen sulfide and for the exposure to cause a reaction.”15 Having found that Plaintiffs established

Cortez v. Lamorak Insurance Company

District Court, E.D. Louisiana · May 19, 2022

The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for resolution. … Plaintiff’s at-home asbestos exposure from his work clothes clearly “arises . . . out of [his] employment” with Halter Marine. Id.

Williams v. Magnolia Community Services, Inc.

District Court, E.D. Louisiana · Jul 12, 2022

A plaintiff can establish a prima facie claim by showing that: (1) [s]he is a member of a protected class, (2) [s]he was qualified for the position … The defendant’s alleged actions also clearly impacted a condition of plaintiff’s employment given her claims that she was humiliated by being forced to use the restroom on herself. Rec.

Reaux v. Vannoy

District Court, E.D. Louisiana · Dec 12, 2019

established Federal law, as determined by the Supreme Court of the United States.”18 A state court’s decision is contrary to clearly established federal law if: “(1) the state court applies a rule that contradicts the … But due to his counsel’s errors explained below, the related filings with the intermediate appellate courts were not “properly filed” and did not qualify for § 2244(d)(2) tolling.

Pinero v. Jackson Hewitt Tax Service Inc.

594 F. Supp. 2d 710 · District Court, E.D. Louisiana · Jan 7, 2009

That the documents were exposed to a good Samaritan, who returned the documents to plaintiff, does not in itself establish damage. … Here plaintiff has clearly not been deprived of a profit.

Industry Icon Cleaning and Restoration, Inc. v. Fairway Village Condominiums, Inc.

District Court, E.D. Louisiana · Jul 8, 2026

Louque qualifies this statement by clarifying that Fairway never received a written scope of work. Id. 22 Doc. 47-4 at 82. … The purpose of these provisions is to protect the State’s citizens by ensuring that those acting as contractors are qualified to do so. TradeWinds Env’t Restoration, Inc. v.

Ordonye v. Clement

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

Police Department in August 2020 as a “Supervisor of Trustees, Police Guard.”11 Plaintiff alleges that, “[a]t all times relevant hereto, the Plaintiff was a full-time commissioned-police officer,” and the position was “qualified … custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Dempster v. Lamorak Insurance Company

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

Baril may be qualified as an industrial hygienist, he has no experience testing fiber release from mastics or adhesives.44 Furthermore, Amchem asserts that Mr. … Baril “that any exposure to asbestos above background is a significant contributing factor to [Decedent’s] disease.”80 Exposures to asbestos above background level are clearly relevant to this case.

Apalachicola Riverkeeper v. Taylor Energy Co.

954 F. Supp. 2d 448 · District Court, E.D. Louisiana · Jul 21, 2013

The Remaining Plaintiffs’ allegations in the second amended complaint are sufficient, when taken as true, to establish these two elements. The Court assumes for purposes of this motion that those elements are met. … The body of water at issue in this case is the Gulf of Mexico, which clearly qualifies as navigable waters and/or waters of the contiguous zone. . See R. Doc. 29 at ¶ 60. .

St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., LLC

809 F. Supp. 2d 524 · District Court, E.D. Louisiana · Aug 25, 2011

Clearly, MSC does not perceive the expropriation as an effort to enjoin its operations. It is apparent that Violet’s understandable wish is to protect its own economic interest in the property and the MSC contract. … Because Violet has not established that St.

Belgrove

District Court, E.D. Louisiana · Jul 21, 2026

As a clear and established matter of law, Fidelity is correct. The FCRA provides for two types of civil liability. … Whether this notice, which was sent and accessible electronically, was “clearly presented, opened, received, or understood” as being legally compliant is beside the point.

Maltese v. Keller Industries, Inc.

853 F. Supp. 945 · District Court, E.D. Louisiana · May 13, 1994

Thus, plaintiff cannot avail himself of the relation back document established in Rule 15(e)(3) of the Federal Rules of Civil Procedure because the amendment was not timely. … Further, it was clearly an error by its successor in interest, Sunbeam/Oster, which led to the delay in the notice, as the plaintiff, when requesting the name of the proper defendant, was advised twice that the manufacturer

United States v. Rainey

946 F. Supp. 2d 518 · District Court, E.D. Louisiana · May 20, 2013

Thus, the dicta on which the government relies (the second italics) is qualified by and must be read in conjunction with the holding (the first and third italics). They are inseparable. … The words used in statutes “should be given their ordinary, popular meaning unless Congress clearly meant the words in some more technical sense.” United States v.

Metro Riverboat Associates, Inc. v. Bally's Louisiana, Inc.

142 F. Supp. 2d 765 · District Court, E.D. Louisiana · Apr 2, 2001

As such, it declared that all persons, locations, practices, associations and activities related to the operation of licensed and qualified gaming establishments “shall be strictly regulated.” La.Rev.Stat. 27:2(A). … Indeed, the Burford doctrine has been employed in the context of a RICO suit where the application of state laws are clearly implicated. DuBroff v. DuBroff, 833 F.2d 557 (5th Cir.1987); Albin v.