Case law

Rodgers v. Gusman

District Court, E.D. Louisiana · Jul 17, 2019

Anderson is qualified to testify to causation, but argues that Dr. Anderson is not qualified to testify to the standard of care. During his deposition, Dr. … Anderson is qualified to testify in this matter.

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

Abron v. Barrilleaux

District Court, E.D. Louisiana · Feb 18, 2020

All Defendants filed motions to dismiss15 for failure to state a claim, and if that argument fails, all Defendants raise the defense of qualified immunity. … The plaintiff has not plead facts sufficient to establish governmental liability.

Guillot v. Lopinto

District Court, E.D. Louisiana · Nov 18, 2021

every “person” who, under color of any statute, ordinance, regulation, custom, or usage of any State subjects, or “causes to be subjected,” any person to the deprivation of any federally protected rights, privileges, or immunities … To establish corporate liability in an episodic act case, a plaintiff must show “(1) that the [corporate] employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate indifference

Morgan v. Morgan-Parker

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

the sua sponte dismissal of an IFP proceeding if the Court determines the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … The reasons for this policy are long-established: “the strong state interest in domestic relations matters, the competence of state courts in settling family disputes, the possibility of incompatible federal and state court

Ambrose v. State Farm Mutual Automobile Insurance Company

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

of proof are the traditional and appropriate means of attacking shaky but admissible evidence.”19 The Court is not concerned with whether the opinion is correct but whether the preponderance of the evidence establishes … A lay witness may provide opinion testimony only if the testimony is “(a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and

Morgan v. 21st Judicial District Court Clerks

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

the sua sponte dismissal of an IFP proceeding if the Court determines the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … The reasons for this policy are long-established: “the strong state interest in domestic relations matters, the competence of state courts in settling family disputes, the possibility of incompatible federal and state court

United States v. State of La.

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.

Morgan v. 21st Judicial District Court of Louisiana

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

the sua sponte dismissal of an IFP proceeding if the Court determines the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … The reasons for this policy are long-established: “the strong state interest in domestic relations matters, the competence of state courts in settling family disputes, the possibility of incompatible federal and state court

Robertson v. Greenbriar Hospital, LLC

District Court, E.D. Louisiana · Jan 22, 2020

For example, she fails to allege facts that, if proved, indicate: she was qualified for the position for which 3 Ms. … Robertson argues in her opposition papers that “[t]he attachments to plaintiff’s complaint clearly show that the EEOC combined the retaliation and termination charges and issued a right to sue on

United States v. Cleveland

964 F. Supp. 1073 · District Court, E.D. Louisiana · Apr 18, 1997

Sept.30, 1996) (“Total suppression can be imposed only when the defendant can establish that agents acted in ‘flagrant disregard’ of their minimization duties. … Bankston points out that it was no accident that the materials were unsealed just 15 days before qualifying began for elections for the Louisiana House and Senate.

Reyes v. The Dow Chemical Company

District Court, E.D. Louisiana · Apr 23, 2021

The Louisiana Supreme Court believed the expert’s testimony was “clearly sufficient to establish a ‘reasonable possibility’ of a causal connection between the fall and the rupture … However, that submitted evidence does not clearly state that the sued-upon injuries were in all medical probability caused by the sued-upon accident.

Allstate Construction, Inc. v. Nautilus Insurance Company

District Court, E.D. Louisiana · Jul 30, 2025

The Advisory Committee Notes of 1946 state that “[t]he addition of the qualifying word ‘final’ emphasizes the character of judgement, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory … after its entry is an extraordinary remedy that should be used sparingly”65 and the motion must “clearly establish” that reconsideration is warranted.66 When there exists no independent reason for reconsideration other

United States v. Harvey

250 F. Supp. 219 · District Court, E.D. Louisiana · Feb 4, 1966

In addition thereto, reference to the Act itself clearly shows by its repeated reference to the Fifteenth Amendment that that Amendment is considered to be the source of congressional power to enact this legislation. … I could not say that and feel myself qualified, you know. Q. Do you think that that is why they did it? A. Well, I don’t know. I guess so.” The next witness, Frank Cummings, said: “Q.

Ganpat v. Eastern Pacific Shipping PTE. Ltd.

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

The court did not discuss whether the secretary could qualify as a “managing agent” of the corporate defendant. … As Plaintiff admits, the borrowed servant doctrine is a principle ordinarily used to confer workers compensation immunity upon an entity who is not a plaintiff’s actual employer. See, e.g., Melancon v. Amoco Prod.

Exactdistribution, LLC v. Bergeron Freight Services, Inc., et al.

District Court, E.D. Louisiana · Jul 21, 2026

Jan. 5, 2016) (requiring plaintiff to “confirm that the requested information does not exist”); see Callais, No. 2018 WL 6517446, at *7 (ordering qualified representative to provide a sworn certification that no responsive … set[ ] forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that is claimed.’” (quoting Bowne, Inc. v.

Nwachukwu v. U-Haul Co. of Louisiana

District Court, E.D. Louisiana · Mar 25, 2025

The police report clearly indicates that the UHLA began submitting the report at 12:27 p.m. and completed submitting the report at 12:52 p.m. Id. at 3–4. 23 R. … Plaintiffs now bear the burden to rebut the qualified privilege by establishing that defendant abused the privilege. Kennedy at 689; see id.

Decou-Snowton v. Jefferson Parish

District Court, E.D. Louisiana · Jan 3, 2024

“The fact that ‘reasonable minds could disagree on the propriety of [the plaintiff]'s termination’ is insufficient to defeat a public official's qualified immunity against a substantive due process claim.” Lewis v. … In a disparate treatment case like this one, plaintiff establishes her prima facie case by showing that “she was: (1) a member of a protected class; (2) qualified for the position held; (3) subject to an adverse employment

Bayou Steel v. Evanston Insurance

835 F. Supp. 2d 161 · District Court, E.D. Louisiana · Dec 7, 2011

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). … For the subcontractor employee exclusion to apply, the plaintiffs would have this Court disregard Campbell's clearly established employment status vis-a-vis Kindra Marine, notwithstanding the stipulated facts of record that

Marks v. Pan American World Airways, Inc.

591 F. Supp. 827 · District Court, E.D. Louisiana · May 15, 1984

Marks, III, individually and as duly qualified administrator of the successions of Mary Ann Marks and Everard W. Marks, Jr., Stephanie Lynn Marks, Michelle Alane Marks and Kyle T. Marks. The decedents, Mr. and Mrs. … In fact, the only evidence in this regard indicated that decedents intended to *833 provide for their children during their lifetimes, i.e., the establishment by Mr.