Case law

Pierce v. Porter

District Court, E.D. Louisiana · Jun 8, 2023

records could not be considered in ruling on a motion to dismiss and noting that that the cases where medical records are considered have involved either dismissing a prisoner's in forma pauperis lawsuit as frivolous or a qualified … immunity issue, but noting there are no cases where courts consider medical records at the motion to dismiss stage without converting the motion into a motion for summary judgment); 5C ARTHUR R.

Vandenboom

District Court, E.D. Louisiana · Aug 18, 2026

It is unclear how pro hac vice counsel could have misread this clearly stated rule. … injuring a third party may involve both negligence and the violation of his employer’s own policies; to remove a seaman from the course and scope of his employment merely for violating an employer’s safety policies would immunize

Tedesco v. Pearson Education, Inc.

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

“To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; and (3) that he was subject to an adverse employment decision … Cleco Power, LLC, 487 F.3d 309, 317 (5th Cir. 2007) (“First [the plaintiff] must establish a prima facie case.

Evans v. Lopinto

District Court, E.D. Louisiana · Jun 27, 2022

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 a claim under the ADA, a plaintiff must show: (1) that he has a qualifying disability; (2) that he is being denied the benefits of services, programs, or activities for which the public entity is responsible

Talley v. United States of America

District Court, E.D. Louisiana · Sep 17, 2024

Orloff, who has a Ph.D. in mechanical engineering, was qualified to testify as an expert in aviation accident reconstruction. 17. Dr. … the cervical and lumbar spine rather than trauma.68 CONCLUSIONS OF LAW The Federal Torts Claim Act provides a limited waiver of sovereign immunity

Maher v. City of New Orleans

371 F. Supp. 653 · District Court, E.D. Louisiana · Feb 21, 1974

This argument is clearly without merit. … Indeed, it appears that this case has not been an example so much of a lack of standards as a disagreement as to whether the Maher cottage qualified for demolition under the applicable standards.

Hancock Whitney Bank v. MOF-Willows, LLC

District Court, E.D. Louisiana · Aug 13, 2025

third parties when recorded, and outranks mortgages, privileges, and other rights that become effective against third parties after the recordation of the statement of privilege.59 SWBNO has not demonstrated that it qualifies … as the “municipal governing authority” that could obtain that privilege,60 and even if it does qualify, that it has taken the necessary steps to obtain it.61 Thus, it currently has no privilege.

Torsh Inc. v. Audio Enhancement, Inc.

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

Ca. 2011) (discussing what can qualify as a trade secret and what cannot in the context of software programs);.Integrated Cash Mgmt. Servs, Inc. v. … Having established relevance, it becomes Torsh’s burden to establish that other sources exist from which the information contained in the income tax returns may be readily obtained.

Waste Management of Louisiana, L.L.C. v. Parish of Jefferson ex rel. Jefferson Parish Council

66 F. Supp. 3d 761 · District Court, E.D. Louisiana · Dec 10, 2014

Hearsay evidence and un-sworn 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. … Thus, although the mere negligent institution of a lawsuit is insufficient to establish malice, Dupre v. Marquis, 467 So.2d 65 (La.App. 3d Cir.1985), showing improper motive suffices to establish malice. See Johnson v.

Tisdale v. Marquette Transportation Company, LLC

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

In Daubert, the Supreme Court established a two-part test for judges to perform in determining the admissibility of expert testimony. Daubert, 509 U.S. at 588. … However, the Court finds Plaintiff Tisdale has sufficiently established that Capt.

Thomas

District Court, E.D. Louisiana · Feb 25, 2026

“Title VII requires employees to exhaust their administrative remedies before seeking judicial relief.”9 “Title VII clearly contemplates that no issue will be the subject of a civil action until the EEOC has first had the … Accordingly, Plaintiff cannot establish a prima facie case of retaliation.

In re Vioxx Products Liability Litigation

239 F.R.D. 450 · District Court, E.D. Louisiana · Nov 22, 2006

Regarding the place of injury, the Court finds that the jurisdiction where each plain *458 tiff resides qualifies as the place of injury. See In re Norplant Contraceptive Prods. Liab. … With approximately 20 million Vioxx users in the United States, the numerosity requirement is clearly satisfied. ii. Commonality Rule 23(a)(2) requires that there be issues of law or fact common to the class.

Rollins v. Jones

District Court, E.D. Louisiana · Aug 12, 2021

To state a claim of discrimination under Title II of the ADA, a plaintiff must allege: (1) that he is a qualified individual 26 Id. at 625. 27 “The ADA and the Rehabilitation … activities of a public entity, or otherwise discriminated against by such entity; and (3) that such exclusion or discrimination was by reason of his disability.28 Courts have found that a public entity “‘cannot prevent a qualified

Stone v. Louisiana Department of Revenue

996 F. Supp. 2d 490 · District Court, E.D. Louisiana · Feb 12, 2014

This Circuit’s precedent clearly establishes that "in Title VII cases the limitations period starts running when the plaintiff knows of the discriminatory act, not when the plaintiff perceives a discriminatory motive behind … Even a series of utterances, without more, is unlikely to qualify as a hostile work environment. Cuthbertson v. Am. Fed. of Gov’t Employees, 2012 WL 4321742 , at *3 (N.D.Tex.

Brewster v. J. Collin Sims

District Court, E.D. Louisiana · May 10, 2024

He also allegedly stated that she would be allowed to remain employed with the Office until qualifying—which was from August 8 to 10, 2023. Id. … The Louisiana Supreme Court has also noted that it is well established that ADAs “may perform the duties of officials under whom they serve…” and that the actions of ADAs can bind the state.

Smith v. Williams

District Court, E.D. Louisiana · Feb 28, 2023

about OPDA and Louisiana district attorneys in the Fifth Circuit’s prior Eleventh Amendment jurisprudence is applicable.54 Plaintiff concedes that “state sovereign immunity under the Eleventh Amendment presents a different … Whether Louisiana Law Clearly Establishes that Louisiana District Attorneys Act on Behalf of the State During Criminal Prosecutions The issue of whether Louisiana statutory law clearly establishes

Grand Isle Shipyards, Inc. v. Black Elk Offshore Operations, L.L.C.

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

documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence.78 IV. … defense of borrowed employee status.84 Conversely, in this litigation, the record does not reflect that GIS has asserted a borrowed employee defense in any of the pleadings or briefings.85 Under Louisiana law, tort immunity

Dempster v. Lamorak Insurance Company

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

’s directions and a causal nexus exists between its actions under color of federal office and plaintiffs’ claims, and (3) Avondale has a colorable federal defense to Plaintiffs’ claims under the government contractor immunity … controversy, that is, when both parties have submitted evidence of contradictory facts.”72 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Geary

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

Nevertheless, pro se litigants are not exempt from compliance with established rules of practice and procedure, Birl v. … (granting summary judgment in favor of teachers claiming qualified immunity; no constitutional violation could be shown by student where Louisiana offered student multiple remedies through its tort law, defeating her

Express Lien Inc v. Handle, Inc.

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

Clearly, the discrepancy in stipulated damages for willful and non-willful violations was not intended to approximate actual damages. … Moreover, Defendants assert that any alleged unfair benefit and diminished market value do not qualify as “actual damages” and are therefore unrecoverable under any of Plaintiff’s alleged causes of action.