Case law

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.

Kast v. Greater New Orleans Expressway Commission

719 F. Supp. 2d 662 · District Court, E.D. Louisiana · Sep 13, 2010

East did not attempt to bring to light the alleged wrongdoing at the GNOEC by notifying a reporter or public official. 136 The Court therefore finds that East’s complaints to Zifle and Resendez do not qualify for First Amendment … He then conceded that the complaint could have been stated more clearly but believed that Kast could say that he had been asked to participate in a cover up. 25 . (R. Doc. 44, Ex. A, V 18.) 26 . (R. Doc. 1, ¶8.) 27 .

Broussard v. First Tower Loan, LLC

150 F. Supp. 3d 709 · District Court, E.D. Louisiana · Dec 10, 2015

The Acceptance Form clearly states that it is an “offer of employment” from Tower for Broussard to accept. (Rec. Doc. 85-2, at 3.) … First, the EEOC argues that Tower has not established a knowing and voluntary waiver of the right to a trial by jury.

Veritext Corp. v. Bonin

District Court, E.D. Louisiana · Apr 8, 2021

regulatory body created “for the purpose of encouraging proficiency in the practice of shorthand reporting as a profession, promoting efficiency in court and general reporting, and … establishing … And in Kiefer-Stewart, the plaintiff’s alleged unclean hands “could not legalize the unlawful combination by respondents nor immunize them against liability to those they injured.”

Welch v. Vannoy

District Court, E.D. Louisiana · May 8, 2020

established Federal law, as determined by the Supreme Court of the United States.”20 A state court’s decision is contrary to clearly established federal law if: “(1) the state court applies a rule that contradicts the … properly filing his writ.51 He argues that this Court should conclude that the failure of the court to provide him with the required copy of a written judgment and an evidentiary hearing transcript before July 17, 2017, qualifies

Harrison v. Jefferson Parish School Board

District Court, E.D. Louisiana · Feb 23, 2022

injury to the State that is sufficient to establish Article III standing. 122 Wal-Mart Stores, Inc. v. … Although the articulation of such interests is a matter for case-by-case development—neither an exhaustive formal definition nor a definitive list of qualifying interests can be presented in the abstract—certain

Scott-Benson v. KBR

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

To establish a claim for discriminatory failure to hire, a plaintiff must demonstrate that: (1) she was in the protected class; (2) she applied for and was qualified for the position sought; (3) she was not selected; and … As Benson fails to establish a causal link, Benson does not meet the third requirement to establish a prima facie case for retaliation. Hernandez, 670 F.3d 657.

Halstead Bead, Inc. v. Lewis

District Court, E.D. Louisiana · May 23, 2022

are to be shipped, a qualifying remote seller must collect from its retail customers the tax based on the appropriate rate, minus any exemptions or exclusions, and remit that amount to the Remote Sellers Commission … Further, “[i]t is clear that Louisiana has waived sovereign immunity in cases where a state statute is constitutionally challenged.”61 Given this remedy available under state law, the TIA divests this Court of

Wiley v. Department of Energy

District Court, E.D. Louisiana · Sep 29, 2021

Wiley’s in forma pauperis pleadings when, as here, a plaintiff’s claims are “factually frivolous, lack any factual basis, and are meritless.”18 In the alternative, the SCORE defendants argue that they have sovereign immunity … vague, broad, conclusory, and without any factual support, say the SCORE defendants, and are “clearly out of the realm of reality and require dismissal.”25 Wiley responds that none of her allegations is unsubstantiated

United States v. State of La.

718 F. Supp. 499 · District Court, E.D. Louisiana · Jul 19, 1989

The remaining four-year state universities were established for whites only. … PBIs clearly attract more non-resident students and students from distant parishes within the state than do PWIs.

Leggio v. Ochsner Clinic Foundation

District Court, E.D. Louisiana · Apr 14, 2023

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 on … Wendt speak for themselves and clearly violated Ochsner’s anti-harassment policy,”145 the Court cannot step into the shoes of the jury to resolve the issue of whether the photographs were “offensive” in light of the context

United States Ex Rel. Koerner v. Crescent City E.M.S., Inc.

946 F. Supp. 447 · District Court, E.D. Louisiana · Sep 5, 1996

A comparison of Koerner’s present allegations with those asserted via FRS in the prior qui tam action clearly demonstrates that Koerner’s complaint is “based upon” that previously publicly disclosed information. … [do] not establish ‘direct and independent knowledge of the information on which the allegations are based within the meaning of § 3730(e)(4)(B).’ ” Id. (citations omitted). 20 .

Assure Neuromonitoring Louisiana, LLC v. Fairway Medical Center, L.L.C.

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

Woods, 163 F.3d 935, 937 (5th Cir. 1999) (“A district court should refuse to allow an expert witness to testify if it finds that the witness is not qualified to testify in a particular field or on a given subject.”). … Clearly missing from the description of Landry’s anticipated testimony, however, is any fact in his personal knowledge that is relevant to the Assure— Avala Agreement or the issues in this case.

Evans v. Lopinto

District Court, E.D. Louisiana · Jul 8, 2019

Epps, 659 F.3d 440, 446 (5th Cir. 2011) (providing “In order to establish supervisor liability for constitutional violations committed by subordinate employees, plaintiff must show that the supervisor act[ed], or fail[ed … Circuit has held that to succeed on a Section 1983 deliberate indifference claim, a plaintiff must allege that: (1) an employee of the local governmental body violated plaintiff’s clearly

J.T. Gibbons, Inc. v. Crawford Fitting Co.

102 F.R.D. 73 · District Court, E.D. Louisiana · Apr 5, 1984

This testimony was clearly necessary to this Court’s determination that plaintiff had failed to prove any injury. … The second answer is that the plaintiff in this case was clearly interested in advancing its own financial interests.

Winchester v. Social Security Administration

District Court, E.D. Louisiana · Jul 15, 2025

If the claimant can carry this burden through step three or four, he has established disability and the inquiry is over. Id. … The ALJ noted that Plaintiff was unable to perform his past relevant work as a groundskeeper, loader operator, and operating engineer but determined that Plaintiff’s capacity, age, education, and work experience qualified

Louisiana Shrimp Association v. Biden

District Court, E.D. Louisiana · Jun 27, 2025

Additionally, “An agency action qualifies as ‘arbitrary’ or ‘capricious’ if it is not ‘reasonable and reasonably explained.’” Ohio v. EPA, 603 U.S. 279, 292 (2024) (quoting FCC v. … NMFS clearly considered (by modifying the 2016 proposed rule), and/or appropriately rejected (based on a valid interpretation of the most current data), those arguments.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 20, 2021

transfer of venue.7 The Fifth Circuit has held that in the interest of respecting forum choices by plaintiffs, a party moving for transfer must show “good cause.”8 “When the movant demonstrates that the transferee venue is clearly … disability “if the individual establishes that he or she has been subjected to an action prohibited under [the ADA or RA] because of an actual or perceived physical or mental impairment whether or not the impairment limits

In Re Fema Trailer Formaldehyde Products Liability Litigation

780 F. Supp. 2d 514 · District Court, E.D. Louisiana · Jan 25, 2011

In order to qualify as a polluter, the insured must be an “active polluter.” Thompson v. Temple, 580 So.2d 1133, 1134 (La.App. 4 Cir.1991); see also Avery v. Commercial Union Ins. … This clearly indicates that the Court was not making a ruling on that issue at that time.

Tardo v. Integon National Insurance Company

District Court, E.D. Louisiana · Apr 3, 2023

For example, in Brown, Judge Lemmon found that: [The complaint] does not allege facts sufficient to establish [third-party beneficiary] status because there is no information regarding … The Court finds such logic unconvincing, as the policy language that contemplates payment to the borrower clearly indicates intent to benefit the borrower, as explained above.