Case law

Gabarick v. Laurin Maritime (America), Inc.

900 F. Supp. 2d 669 · District Court, E.D. Louisiana · Sep 28, 2012

An even more qualified expert river pilot testified there could have been confusion but from his review of everyone’s statements and materials about whistle signals, there was in reality no confusion by everyone who heard … Evidence clearly establishes that the TINTOMARA’s operators were well aware of all vessel traffic at all pertinent times. Gould, T.Tr. Vol. Ill (PM), p. 60-61.

Williams v. Webre

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

To establish municipal liability here, Plaintiff must show “(1) that [the governmental body] violated [Plaintiff’s] clearly established constitutional rights with subjective deliberate indifference; and … R.S. 40:1231.8. provides that a medical malpractice claim against a private qualified health care provider is subject to dismissal on an exception of prematurity if such claim has not first been presented to a medical

Greenwald v. Cantrell

District Court, E.D. Louisiana · Jun 5, 2023

Louisiana’s SORNA imposes “punishment” violating the Ex Post Facto Clause.28 In doing so, it applied the intents–effects test to hold that Louisiana’s law is non-punitive.29 The court held that the text of the statute “clearly … Plaintiff’s arrests are not “erroneous deprivations” from her interest in liberty where her status as a sex offender has been established through due process.46 Further, Plaintiff does not cite to any case or

Deakle v. Westbank Fishing LLC

District Court, E.D. Louisiana · Sep 21, 2021

qualified forensic pathologist.38 Dr. … Urby’s test results is clearly helpful on this key issue. Cf. Fowler v. Carrollton Pub.

Chatman v. Correct Health Solutions

District Court, E.D. Louisiana · Nov 6, 2024

1985), and requires facts that demonstrate that the defendant “refused to treat [Plaintiff], ignored his complaints, intentionally treated him incorrectly, or engaged in any simBrileawr sctoenr dv.u Dctr etthkaet would clearly … It is, however, well established that a prisoner has no protected liberty interest in either the Smith v.

Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board

642 F. Supp. 2d 539 · District Court, E.D. Louisiana · Aug 3, 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). … Additionally, the plaintiffs have established a “credible threat” of enforcement.

Julien v. St. John the Baptist Parish School System

District Court, E.D. Louisiana · Dec 20, 2023

An employee's decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience. … Plaintiff alleges four acts that he claims qualify as retaliation: 1. On May 2, 2019, Plaintiff claims that Brown allegedly locked the boys’ basketball team out of the weight room.

Landry v. Oceanic Contractors, Inc.

548 F. Supp. 337 · District Court, E.D. Louisiana · Aug 2, 1982

Landry, taken after his injury, which clearly depicted the area of the injury, stated: “No hard hat is going to protect an area there.” Based on Mr. … This provision clearly applies to loss, damage, or expense to cargoes or equipment carried by the vessel.

Dupre v. Social Security Administration

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

The Fifth Circuit noted the record contained a large amount of medical evidence establishing the claimant had a back problem, but despite the voluminous medical evidence, the record did not clearly establish the effect … There is no evidence from a qualified medical expert that Dupre could perform sedentary work with all of her conditions even if her syncope improved, which remains questionable.

Scaffidi v. New Orleans Mission, Inc.

District Court, E.D. Louisiana · Mar 31, 2020

Thus, the issue presented to the Court is whether Defendant has established as a matter of law that NO Mission is a religious organization and therefore qualifies for the Religious Organization Exemption ( … As noted, the parties vigorously dispute whether NO Mission is a religious organization, thus qualifying for the Exemption.

Cao v. Federal Election Commission

688 F. Supp. 2d 498 · District Court, E.D. Louisiana · Jan 27, 2010

Under the Act, the committees established by each national party can together receive up to $15,000 per year from other multicandidate political committees. … heightened risk of corruption (or the appearance thereof) the government’s interest in regulation is greatly diminished: “[Independent] expenditures [are] not potential alter egos for contributions, ... and therefore ... qualify

RITCHIE DEVELOPMENT, LTD. v. Roys

330 F. Supp. 2d 767 · District Court, E.D. Louisiana · Jul 1, 2002

In 1997, Rit-chie and Roys signed another document, the Verified Statement to Establish Small Entity Status, in which they again declared themselves to be joint inventors" of the invention. (Def.’s Ex. 14.) … A person also does not qualify as a joint inventor by “merely assisting the actual inventor after conception of the claimed invention.” Ethicon, 135 F.3d at 1460 .

Magee

District Court, E.D. Louisiana · Mar 3, 2026

Like the Buchanan case, rather than properly serve Defendant Lamb, Plaintiff continued to argue that his attempts at service were proper because “all employees there are agents of Amazon” when such efforts are clearly … And Plaintiff has not established that reconsideration is appropriate as to Defendant Lamb.

Hynes v. Lakefront Management Authority

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

Juneau—an individual—does not qualify as an employer under the employment discrimination laws or the whistleblower statute at issue here and, therefore, to the extent plaintiff seeks to raise such claims against Juneau … 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

Mendy v. Steele Protective Services, LLC

District Court, E.D. Louisiana · Mar 26, 2025

clear error,19 and it reviews discretionary decisions of the bankruptcy court for abuse of discretion.20 A bankruptcy court abuses its discretion only when its ruling is based on an erroneous review of the law or on a clearly … Congress, therefore, placed restrictions on the ability of creditors to bring involuntary proceedings.24 Under 11 U.S.C. § 303(b), an involuntary proceeding must be brought by three or more creditors holding qualifying

Clay v. Daiichi Shipping

74 F. Supp. 2d 665 · District Court, E.D. Louisiana · Nov 10, 1999

This frustrated the very purpose of the LHWCA, which trades tort immunity for fixed no-fault compensation liability. … This defense is clearly applicable to the vessel owner’s turnover duty to warn.

Kinnett v. Hospital Service District Number One of Tangipahoa Parish

District Court, E.D. Louisiana · Jan 15, 2021

to the non-moving party to produce evidence or designate specific facts showing the existence of a genuine issue for trial.”6 Summary judgment is appropriate if the non-movant “fails to make a showing sufficient to establish … is objectively qualified and capable of performing as an orthopedic surgeon, the Court finds that Plaintiff was qualified for the position

Turner v. Grand Isle Shipyard, LLC

District Court, E.D. Louisiana · Feb 3, 2022

And while deposition testimony establishes that Mr. Turner was aware of the possibility of sand accumulation, it does not establish that Mr. Turner was aware of any actuality of sand accumulation. … This testimony establishes that Mr. Turner did not typically find it useful to clean his work area; it does not establish that he did not attempt to do so in the prelude to this incident.

St. Charles Ventures, L.L.C. v. Albertsons, Inc.

265 F. Supp. 2d 682 · District Court, E.D. Louisiana · Feb 25, 2003

And Pipeline has failed to establish an issue of fact as to whether there was error as to the principal cause of the contract, i.e., a certain price for a certain quantity of gas.” The Superior Oil Co., supra, p. 109. … Templeton argued that the unforeseen plunge in the market price of oil prior to the closing date qualified under the doctrine of force majeure as a “fortuitous event” as defined by La. Civ. Code art. 1873.

Tisdale v. Marquette Transportation Company, LLC

District Court, E.D. Louisiana · May 7, 2024

While Rule 702 does not require that an expert be “highly qualified” in order to testify about a given issue, “[a] district court should refuse to allow an expert witness to testify if it finds that the witness is not qualified … Plaintiff Tisdale has sufficiently established that Capt.