Case law

Barrosse v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Sep 24, 2021

The Avondale Interests argue that this work clearly amounts to direct involvement in a shipbuilding operation and qualifies Barrosse as a “harborworker” under the LHWCA. … Specifically, the employee gets the benefit of no-fault compensation, and the employer enjoys immunity from tort liability for damages.”107 The court in Hulin pointed out that the Supreme Court has recognized that the

Colvin v. Leblanc

District Court, E.D. Louisiana · Jul 22, 2019

“The removing party bears the burden of establishing that federal jurisdiction exists.” De Aguilar v. Boeing Co., 47 F.3d 1404, 1408 (5th Cir. 1995). … specifically cite § 1983, the enforcement mechanism for constitutional claims, is not dispositive as his well-pleaded complaint clearly alleges claims under the Fifth and Fourteenth Amendments to the Constitution of

Paulin

District Court, E.D. Louisiana · Jan 27, 2026

in question.’”117 Such evidence must be more than “merely subjective and speculative.”118 The Fifth Circuit has held that “greater experience alone will not suffice to raise a fact question as to whether one person is clearly … more qualified than another.”119 112 R.

Abadie v. Madere and Sons Marine Services, LLC

District Court, E.D. Louisiana · Aug 23, 2019

identifiable fleet of vessels under common ownership in navigation, the Supreme Court has determined that “[a] worker who spends less then about 30 percent of his time in the service of a vessel in navigation should not qualify … Thus, while on the Madere vessels, Abadie clearly did the ship's work. Accordingly, the first prong of the Chandris test is met. 2.

Pennino v. Reilly-Benton Company, Inc.

District Court, E.D. Louisiana · Aug 26, 2021

McDaniel’s deposition transcript qualified as an “other paper” for the purposes of 28 2 On April 11, 2019, Plaintiffs produced a copy of Mr. … First, you may remove the case after receiving an initial pleading that qualifies for removal. 28 U.S.C. § 1446(b)(1).

Brown

District Court, E.D. Louisiana · Apr 23, 2026

Co., 794 F.2d 967, 970 (5th Cir. 1986) (“[A] claim may also be dismissed if a successful affirmative defense appears clearly on the face of the pleadings.”). 6 Twombly, 550 U.S. at 555, 570 (citation omitted). … Thus, Plaintiff has failed to allege that Defendant qualifies as an “employer,” as defined by Title VII and the LEDL.

Grant v. Gusman

District Court, E.D. Louisiana · Jan 19, 2023

immunity.46 41 Rec. … award.111 OPSO Defendants aver that several entries include charges for tasks that “could have been performed by administrative [assistants].”112 OPSO Defendants conclude that these entries should be disallowed for being “clearly

Harrell v. Orkin, LLC

876 F. Supp. 2d 695 · District Court, E.D. Louisiana · Jun 25, 2012

He was also never invited to eat lunch with other managers. 20 *700 Harrell argues that such harassment “clearly affected the terms and conditions of his employment, as well as affected his ability to perform his job competently … First, the Court notes that Harrell was not able to establish a prima facie case of a hostile work environment.

In Re: Willow Bend Ventures, LLC

District Court, E.D. Louisiana · May 4, 2020

’s testimony will be limited to his personal knowledge of the facts and to only those opinions that are: (a) rationally based on his perception as a fact witness, not as an expert; (b) helpful to clearly understand his … Rule 702 also requires that an expert be properly qualified.

Shallow Water Equipment L.L.C. v. Pontchartrain Partners, L.L.C.

District Court, E.D. Louisiana · Aug 10, 2022

The burden of establishing a course of dealing rests upon the party seeking to benefit from it. Kunststoffwerk Alfred Huber v. R.J. Dick, Inc., 621 F.2d 560, 564 (3d Cir. 1980). … In sum, Ponchartrain is not entitled to summary judgment on its claim that it is immune from liability for consequential damages. ii.

Bridges v. Tanner

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

established Federal law, as determined by the Supreme Court of the United States.”25 A state court’s decision is contrary to clearly established federal law if: “(1) the state court applies a rule that contradicts the … Petitioner has not shown the state court decisions were contrary to clearly established federal law or were an unreasonable application of clearly established federal law. IV.

East Jefferson General Hospital v. Heckler

617 F. Supp. 115 · District Court, E.D. Louisiana · Oct 19, 1984

This, the Secretary maintains, justified her action in formulating the rule, and “conclusively” established what she already knew from her previous study of the malpractice problem. … This the statute clearly allows. 42 U.S.C. § 1395x(v)(l)(A).

Liner v. Terminix Pest Control, Inc.

District Court, E.D. Louisiana · Nov 17, 2023

“The ADA prohibits an employer from ‘discriminat[ing] against a qualified individual on the basis of disability,’ by, among other things, terminating an individual’s employment.”19 “To establish … “The PREP Act is, at its core, an immunity statute.

United States v. Impastato

535 F. Supp. 2d 732 · District Court, E.D. Louisiana · Jan 28, 2008

Evidence that is extrinsic to the alleged crimes may be admitted, but only after being qualified under the two-step test prescribed in United States v. Beechum, 582 F.2d 898, 911 (5th Cir.1978). … However, any party seeking to introduce legal opinion evidence must establish its relevance, authenticity, and overcome any hearsay objection.

Chauvin v. Symetra Life Insurance Company

District Court, E.D. Louisiana · Oct 31, 2019

An employee benefit plan is exempt if it qualifies as a “governmental plan.” Id. … Here, the plan was clearly established by the School Board. Plaintiff relies on Graham v.

Flanks

District Court, E.D. Louisiana · Dec 1, 2025

The party offering the testimony has the burden to establish reliability by a preponderance of the evidence. See Moore v. Ashland Chem. Inc., 151 F.3d 269, 276 (5th Cir. 1998) (citing In re Paoli R.R. … This Court has reviewed Lancaster’s expert report and finds that it clearly invades the province of the Court to instruct the jury on any applicable law.

Jumonville

District Court, E.D. Louisiana · Apr 2, 2026

45 Chapman does not require a plaintiff to allege that she seeks damages in excess of a specific dollar amount but only that the damages are in excess of the federal jurisdictional amount.46 In this matter, Plaintiff clearly … MDS is a corporation organized in Florida and not qualified to do business in Louisiana, and Defendant Sellini is domiciled in Florida.62 As a result, both Defendants qualify as “non-residents” and may be

D'Aquin

District Court, E.D. Louisiana · Aug 7, 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.”6 A court may not dismiss a claim simply because the facts are “unlikely.”7 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional

G.K. v. D.M.

District Court, E.D. Louisiana · Mar 20, 2024

to part of a request must specify the part and permit inspection of the rest.”4 Objections interposed without also indicating whether any document or information is being withheld are improper.5 Responses must also clearly … each element of the privilege or immunity that is claimed.’”)

Tapps v. McClendon

District Court, E.D. Louisiana · Sep 6, 2023

While clearly pursuing a non-police aim, Tarpley used his service weapon, identified himself as a police officer, and claimed to have authority to assault the victim due to his status as a police officer. … R.S. 9:2798.1, a Parish Sheriff is immune from such claims.