Case law

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

Thibodeaux v. Vannoy

District Court, E.D. Louisiana · Sep 27, 2021

by the Supreme Court of the United States.”57 Ineffective assistance of counsel is a mixed question of law and fact.58 A state court's decision is contrary to clearly established federal law if: “(1) the state court applies … The findings are not clearly erroneous or contrary to law.

Hutchins v. ANCO Insulations, Inc.

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

qualify as “persons” under the federal officer removal statute. … APL has not established that the court has jurisdiction over this action pursuant to § 1442(a)(1).”); Craig, 2014 WL 7186767, at *3, *7 (same).

Jamison v. Lopinto

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

violations would result.”28 “Deliberate indifference is established by showing ‘a pattern of similar violations arising from a policy so clearly inadequate as to be obviously likely to result in a constitutional violation … “Mere negligence, even gross negligence, is not sufficient to establish deliberate indifference.” Covington, 812 F.

Moller v. Martian Sales, Inc.

District Court, E.D. Louisiana · Dec 9, 2024

The Court authorized jurisdictional discovery and established a January 27, 2025, deadline for completion of same. Id. at 3. … The parties shall take care to limit any confidentiality designation to specific material that qualifies under the appropriate standards. . . .

Ohle v. Napoleon

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

subjects, or causes to be subjected, any . . . person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution … They further allege that the Clerk’s enforcement of this policy is her “established custom and practice.” See id. ¶ 59.

GeoVera Specialty Insurance Company v. Joachin

District Court, E.D. Louisiana · Jul 18, 2019

that the uncompensated or under-compensated damage is subject to an exclusion.”63 This distinction by the Fifth Circuit clearly acknowledges that there is a two-step process to insurance claims, wherein an insured proves … Thus, the vacancy exclusion, and its corresponding grace period, are insufficient to establish residency; they may only be utilized after coverage has been proven.

Heintz v. Lawson

District Court, E.D. Louisiana · Jul 18, 2019

Section 1983 claim against Lawson and Christiana in their individual capacities, but granted Plaintiff leave to amend the complaint and ordered Plaintiff to file a Rule7(a)(7) reply tailored to Lawson and Christiana’s qualified … immunity defense.23 On January 21, 2019, Plaintiff filed an amended complaint, in which he repeated several allegations from the original complaint and presents some additional allegations

Dunn v. Apache Industrial Services, Inc.

District Court, E.D. Louisiana · Aug 12, 2020

Further, the responsibilities, skills, and assignment of painter, bus driver, or flagger are not clearly delineated by either side. … Apache contends that requesting a change in pay is not sufficient to qualify as a report of discrimination. We agree.

Holmes v. White

District Court, E.D. Louisiana · Sep 23, 2024

Thus, “[a] motion to alter or amend the judgment 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 … The policymaker must also “possess[] final authority to establish municipal policy with respect to the action ordered.” Id. at 481 (emphasis added).

New Orleans Home for Incurables, Inc. v. Greenstein

911 F. Supp. 2d 386 · District Court, E.D. Louisiana · Nov 20, 2012

To qualify for federal assistance, a state must submit to the Secretary [of Health and Human Services] and have approved a plan for medical assistance, 42 U.S.C. § 1396a(a), that contains a comprehensive statement describing … Roth, 81 the Supreme Court discussed in great depth what constitutes a protectable property right in the context of a procedural due process claim: “To have a property interest in a benefit, a person clearly must have more

Johnson v. Coastal Private Protection Security, Inc.

District Court, E.D. Louisiana · Jul 10, 2020

Plaintiffs contend their work as security officers for the defendants qualify them as employees within the meaning of the FLSA and LA Wage Payment Act. Id. … Third, the grounds for default are clearly established given that there is proof the defendants were served the complaint and failed to file an answer, and the clerk of court subsequently entered

Shaw Constructors, Inc. v. Hpd, LLC

749 F. Supp. 2d 474 · District Court, E.D. Louisiana · Oct 26, 2010

The parties clearly granted the arbitrators the power to decide if an agreement between the parties existed. The arbitrators found that an agreement did exist, and made an award accordingly. … The Board’s enumerated powers include granting licenses to qualified contractors, suspending or revoking licenses, and issuing cease and desist orders to stop work. La.R.S. 37:2153, 2158.

Cappaert Enterprises v. Citizens & Southern International Bank of New Orleans

564 F. Supp. 214 · District Court, E.D. Louisiana · May 12, 1983

This decision was clearly consistent with F.R.Civ.P. 65(c), which states that a court need only require an applicant for provisional injunctive relief to provide adequate “security.” 2 Monroe Division, Litton Business Systems … Ballantyne, was never called to testify in any proceeding before the Court and so was never “qualified” by the Court as an expert. Even assuming, then, that state law applies, C&S’ request must be denied.

Dempster v. Lamorak Insurance Company

District Court, E.D. Louisiana · Aug 26, 2020

34 Id. at 20–22. 5 defense to Plaintiffs’ claims under the government contractor immunity … controversy, that is, when both parties have submitted evidence of contradictory facts.”118 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Chauvin v. Terminix Pest Control, Inc.

District Court, E.D. Louisiana · Nov 15, 2023

June 15, 2023) (“To prevail on a failure-to-accommodate claim, the plaintiff must show ‘(1) [he] is a “qualified individual with a disability;” (2) the disability and its consequential limitations were “known” by the … during a public-health emergency.’”51 “The PREP Act’s liability shields only to the administration . . . or the use of those covered countermeasures,” such as “vaccines and treatments.”52 “The PREP Act is, at its core, an immunity

Picou v. Terminix Pest Control, Inc.

District Court, E.D. Louisiana · Nov 15, 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.”16 “To establish … public-health emergency.’”51 “The PREP Act’s liability shield extends only to the administration . . . or the use of those covered countermeasures,” such as “vaccines and treatments.”52 “The PREP Act is, at its core, an immunity

Hughes v. Terminix Pest Control, Inc.

District Court, E.D. Louisiana · Aug 7, 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.”15 “To establish … public-health emergency.’”49 “The PREP Act’s liability shield extends only to the administration . . . or the use of those covered countermeasures,” such as “vaccines and treatments.”50 “The PREP Act is, at its core, an immunity

McClendon v. New Orleans Sewerage & Water Board

District Court, E.D. Louisiana · Nov 30, 2023

To establish a prima facie case for employment discrimination, a plaintiff must show that that he (1) is a member of a protected group; (2) was qualified for … McClendon clearly alleges that the City sent the SWB a letter informing the SWB that Mr.

Williams v. Webre

District Court, E.D. Louisiana · Aug 9, 2024

plaintiff alleging a denial or delay of medical care must show that the officials “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly … 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 review