Case law

Jackson v. Tanner

District Court, E.D. Louisiana · Aug 26, 2022

Defendants also maintain that Plaintiff cannot establish the second and third prongs under the ADA. … Feb. 10, 2011) (adopting report and recommendation that dismissed the plaintiff’s claims as clearly baseless that spirits put a spell on him to swallow a razor).

Phoenix v. Lafourche Parish Government

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

The law enforcement and corrections officer defendants answered the complaint, invoked qualified immunity, and asserted various defenses. … violated [the pretrial detainee’s] clearly established constitutional rights with subjective deliberate indifference; ... (2) that this violation resulted from a

Greenwald v. Cantrell

District Court, E.D. Louisiana · Dec 21, 2023

Humphrey or sovereign immunity grounds. … To state a claim under under Title II of the ADA, a plaintiff must allege: “(1) that he has a qualifying disability; (2) that he is being denied the benefits of services, programs, or activities for which the

Bardell v. Jefferson Parish School Board

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

Plaintiff then contends that his certifications establish that he is more qualified for the positions of principal, assistant principal, dean, and executive director/director than any of the candidates who were actually … Corp., 283 F.3d 715, 723 (5th Cir. 2002) (“Showing that two candidates are similarly qualified does not establish pretext.”)

Johnson v. Cenac Towing Inc.

468 F. Supp. 2d 815 · District Court, E.D. Louisiana · Dec 27, 2006

aboard barges being transported by the vessel M/V URSULA CENAC, which is *820 owned by defendant Cenac Towing. 1 At the time of the accident, Cenac Towing employed Johnson as a tankerman aboard the URSULA CENAC. 2 Johnson qualified … The evidence clearly shows such a connection in this case.

Cencarik v. Audubon Field Solutions, LLC

District Court, E.D. Louisiana · Apr 16, 2025

An employer may establish that an employee is paid on a “salary basis” in one of two ways under the regulations. See Helix, 598 U.S. at 46–47; see also Gentry v. … Circuit panel recently and unanimously rejected in Mayfield—that “the power to ‘define and delimit’ the terms of the [EAP] Exemption is only the power to further specify and enumerate the types of duties that qualify

Smith v. Davenport

District Court, E.D. Louisiana · Nov 1, 2024

It lacks an arguable factual basis only if the facts alleged are “clearly baseless,” a category encompassing fanciful, fantastic, and delusional allegations. Denton v. … Defamation claims do not involve the deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States. See Mowbray v.

Coleman v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Sep 20, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Matter of Texaco, Inc.

570 F. Supp. 1272 · District Court, E.D. Louisiana · Sep 13, 1983

The testimony of the witnesses on this point was clearly inconsistent. … Although he left no instructions concerning the radar, he testified that he expected that his qualified officers would use their good judgment in reaching a decision to use (or not to use) both radars when approaching the

United States v. Louisiana

751 F. Supp. 608 · District Court, E.D. Louisiana · Oct 30, 1990

There are no strict prerequisites that must be established prior to qualifying for amicus status; an individual seeking to appear as amicus must merely make a showing that his participation is useful to or otherwise desirable … Thus, the Governor clearly possesses substantial legal interests and powers deserving of protection in the remaining stages of this case.

Peairs v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Sep 20, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Grant v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Sep 20, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

Chatelain v. United States Department of Homeland Security

District Court, E.D. Louisiana · Jul 25, 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. Martin v. John W. … “Because the NFIP puts at stake the government’s liability, its regulations implicate sovereign immunity.” Ferraro, 796 F.3d at 531.

Bolin v. Lowe's Home Centers, LLC

District Court, E.D. Louisiana · Apr 30, 2021

Urbina is Qualified to Testify Stanley and DH Pace both argue that Mr. Urbina is not qualified to testify under Federal Rule of Evidence 702.89 Both put forth arguments surrounding Mr. … Urbina clearly has sufficient experience and knowledge in automatic doors to qualify as an expert in the instant case. Plaintiffs plan to offer Mr.

Bowie v. Hodge

District Court, E.D. Louisiana · Jan 6, 2021

Qualified Immunity Because there are no remaining claims against Martin and Laughlin in their individual capacities, the court does not address defendants’ argument … that any such actions are barred by qualified immunity. 6 Because the court finds Bowie’s negligence claims have prescribed, the court does not address her alternative

Harris v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Sep 20, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

New Orleans Public Service, Inc. v. Brown

369 F. Supp. 702 · District Court, E.D. Louisiana · Jan 16, 1974

With respect to the commissioner’s failure to delineate specific acts of discriminatory behavior, the EEOC responds that the jurisprudence clearly has sustained charges containing conclusory *706 allegations of patterns and … The EEOC asserts that the purpose of the statistical analysis incorporated in the commissioner’s charge is to establish a prima facie case of work discrimination; see, e. g., Stamps v.

United States v. Martinez

382 B.R. 285 · District Court, E.D. Louisiana · Nov 15, 2007

The taxpayer must first establish a prima facie case “establishing the filing of the partnership return, the expiration of the statutory period, and receipt or mailing of the notice after the running of the period.” … “Clearly, this is not what Congress intended.” O’Neill, 44 F.3d at 806 .

Dawkins v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Sep 20, 2022

A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They further fail to establish that this Court’s orders work a manifest injustice.

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

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

Plaintiff Asserts he is a Qualified Individual Second, Plaintiff argues he is a qualified individual with a disability.30 Plaintiff presents his affidavit, which states that he has muscular dystrophy … Whether Plaintiff is Entitled to Summary Judgment on his Alteration Claims To establish a violation of the ADA, a plaintiff must prove: (1) that he has a qualifying disability; (2) that he is being denied the benefits