Case law

United Houma Nation, Inc. v. Terrebonne Parish School Board

District Court, E.D. Louisiana · Jun 4, 2021

Martin and Harding argue that they are entitled to qualified immunity with respect to the individual capacity claims against them, and that United Houma cannot prevail under the Monell doctrine as to the official capacity … The rest of United Houma’s memorandum addresses Rule 12(b)(1), qualified immunity, and the mootness of its claims. Id. at 6-8, 14-20.

Con El, Inc., et al. v. Burlington Insurance Company

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

Foods, LLC, 637 F.3d 492, 502 (4th Cir. 2011) (“When a party relies on a privilege log to assert these privileges, the log must ‘as to each document . . . set[] forth specific facts that, if credited, would suffice to establish … each element of the privilege or immunity that is claimed.’”)

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

Jynes

District Court, E.D. Louisiana · Jan 7, 2026

To possess such a capacity under Louisiana law, an entity must qualify as a “juridical person,” which is defined by the Louisiana Civil Code as “an entity to which the law attributes personality, such as a corporation or … App’x 386, 388 (5th Cir. 2008) (“One way in which a complaint may show the inmate is not entitled to relief is if it alleges facts that clearly foreclose exhaustion.”).

Helms Ex Rel. Helms v. Cody

856 F. Supp. 1102 · District Court, E.D. Louisiana · Jun 10, 1994

A more equitable method of placing qualified special education teachers (See Exhibit III) Ex. P-253, p. 1. 28. On October 5,1982, Dr. DeRuzzo sent a letter to Mr. … Donn is well qualified to testify as an expert with respect to student bus transportation generally and the feasibility of combination routes in Jefferson Parish. 43.

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

Akula v. Phillips

District Court, E.D. Louisiana · Dec 23, 2022

established that § 1983 claims do not require exhaustion of state administrative or judicial remedies.”35 Almost by definition, a claim under § 1983 arises … under federal law and will support federal question jurisdiction so long as it does not “clearly appear[] to be immaterial and made solely for the purpose of obtaining jurisdiction.”36 Of course, § 1983

Nickens v. Albertsons Companies Inc. Louisiana

District Court, E.D. Louisiana · May 9, 2025

Plaintiff’s Petition does not establish that Brunelle’s employer owed a duty. … Photographs of the trash compactor establish that multiple warnings were located on the equipment.

Baker v. Amazon Logistics, Inc.

District Court, E.D. Louisiana · Sep 30, 2024

When timely objections are raised, the district court will “modify or set aside any part of the order that is clearly erroneous or is contrary to law.” Id.; see also 28 U.S.C. § 636(b)(1)(A). … The court reviews the magistrate judge’s “factual findings under a clearly erroneous standard, while legal conclusions are reviewed de novo.” Moore v.

Woodward v. Lopinto

District Court, E.D. Louisiana · May 17, 2021

plaintiff can demonstrate deliberate indifference by showing that a prison official "refused to treat [her], ignored [her] complaints, intentionally treated [her] incorrectly, or engaged in any similar conduct that would clearly … The summary judgment evidence establishes that plaintiff's minor son, LW, did not suffer the substantial harm required to establish a § 1983 claim.

McKee

District Court, E.D. Louisiana · Mar 16, 2026

It noted, for example, that the complaint includes no allegations that establish that plaintiff “suffers from a medical condition that would qualify as a disability under the ADA.”7 It instead found that plaintiff’s “ … submits that federal question jurisdiction exists for his claims pursuant to the ADA as well as the “Emergency Medical Treatment and Active Labor Act (EMTALA), and federal regulations governing patient rights established

Mitchell v. Prudential Insurance Company of America

District Court, E.D. Louisiana · Aug 4, 2025

Failure to Accommodate To recover on a failure to accommodate claim, a plaintiff must establish that “(1) the plaintiff is a ‘qualified individual with a disability … To carry his initial burden of establishing a prima facie discrimination claim under the ADA, plaintiff must show “(1) he has a disability or was regarded as disabled; (2) he was qualified for the job; and (3) he was

Oreck Holdings, LLC v. Dyson, Inc.

434 F. Supp. 2d 385 · District Court, E.D. Louisiana · Jun 7, 2006

Prosecution history estoppel “ ‘limits the doctrine of equivalents when an applicant makes a narrowing amendment for purposes of patentability, or clearly and unmistakably *404 surrenders subject matter by arguments made … Although the parties voiced some apparent disagreement concerning whether the handle grip must form a "coaxial" or "essentially coaxial” extension, both parties recognize that the inclusion of the qualifier "essentially”

Antares Maritime Pte Ltd. v. Board of Commissioners for the Port of New Orleans

District Court, E.D. Louisiana · Nov 30, 2020

creative, and compromise in this and every other case in which they are involved during this time without modern precedent” until such time as there is a cure a vaccine for COVID-19, or something approaching so-called herd immunity … Oct. 23, 2009) (finding Magistrate Judge’s decision prohibiting corporate counsel from being physical present at the videoconference corporate deposition of its client in Europe clearly erroneous as corporation had a

Olmeda v. Cameron International Corp.

139 F. Supp. 3d 816 · District Court, E.D. Louisiana · Jul 13, 2015

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. … Cameron and PMG challenge Olmeda’s ability to establish the fourth element of the prima facie harassment claim.

Joshua Davis v. Jantran, Inc.

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

Legal Standard The district court has considerable discretion to admit or exclude expert testimony under Federal Rule of Evidence 702.36 Rule 702 states that a witness “qualified as an expert … Jantran failed to properly train Captain Mitchell and Captain Crone to follow the towing vessel inspection regulations known industry wide as “Sub-Chapter M” at 46 CFR [§] 144.720 and therefore The Captain failed to clearly

Talluri v. AIG Property Casualty Company

District Court, E.D. Louisiana · Apr 30, 2024

To be clear, the Court is not holding that the purchase of a generator qualifies as ALE broadly. … The evidence clearly indicates that plaintiffs advised defendant that repairs had started on July 5, 2023, and defendant timely issued payment less than thirty days later.

Wells v. Schweiker

536 F. Supp. 1314 · District Court, E.D. Louisiana · Apr 14, 1982

Wells’ allegations thus are sufficient to establish her standing to sue under Article III. … Separate exceptions to both requirements excuse noncompliance where the agency establishes “good cause.”

Cardell Bright v. Willy J. Martin

District Court, E.D. Louisiana · Nov 5, 2022

And even though the ADA does not immunize employees for 9 Even as to Bright’s second phone contention, Bright’s own testimony demonstrates that it is a mischaracterization to now claim that he was given permission to … But finally, and perhaps most fatally, Bright has not established that a reasonable accommodation for his limitations (whatever they might be) would be to leave the jail with no supervisory officer on the premises.

Innovention Toys, LLC v. MGA Entertainment, Inc.

665 F. Supp. 2d 636 · District Court, E.D. Louisiana · Oct 14, 2009

Hearsay evidence and unsworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … But defendants have failed to establish that summary relief is appropriate in their favor on the obviousness issue.