Case law

Jones v. Cannizzaro

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

Levenson is clearly qualified to give the opinions contained in her report. She has practiced in the field of criminal law and ethics as a prosecutor, professor, and author for more than thirty years. … She is only qualified to opine that he did not suffer from a mental defect at the time he entered his guilty plea.

Lane v. Baywood Hotels, Inc.

District Court, E.D. Louisiana · Apr 7, 2025

Lane alleges that he has a qualifying disability under the ADA and LCHR,32 and that Movants discriminated against him “by denying him the full and equal enjoyment of the goods, services, facilities, privileges, advantages … cases where a defendant “violated a direct, special statutory duty to the plaintiff and thereby caused her to become an actual participant in an accident in special circumstances where mental anguish was clearly

Waste Management of Louisiana, L.L.C. v. River Birch, Inc.

District Court, E.D. Louisiana · Jun 4, 2020

A district judge may overturn a magistrate’s decision on a non-dispositive pretrial matter when the decision is clearly erroneous or contrary to law. Fed. R. Civ. P. 72(a). … Waste Management contends this decision was clearly erroneous and contrary to law.

Hampton v. Praetorian Insurance Company

District Court, E.D. Louisiana · Dec 13, 2019

allege any breach of a duty JPSO owed to Hampton.11 Finally, Praetorian alleged that the amount in controversy is clearly established because Hampton asserts that he is entitled to recover $176,000.00 for damage to the … Breeden, pp. 23–25. 77 See Whitcraft, 570 F.3d at 272–73 (establishing elements).

Madden Gulf Coast LLC v. Hilark Industries, Inc., et al.

District Court, E.D. Louisiana · Oct 21, 2025

“The party opposing relevance bears the burden to establish that the information sought can have no possible bearing on the claim or defense of the party seeking discovery.” Id. (internal quotations omitted). … is important that [they] be allowed to examine the employment background and welding qualifications of those individuals who allegedly made the modifications and repairs to discern whether they were qualified

In re Pool Products Distribution Market Antitrust Litigation

166 F. Supp. 3d 654 · District Court, E.D. Louisiana · Feb 22, 2016

As summarized above, establishing the predicate antitrust violation to support each of DPPs’ claims is only the first of three steps necessary to establish private antitrust liability. … These tests clearly provide information about spatial relationships among prices.

Walbroad, LLC v. Family Dollar Stores of Louisiana, LLC

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

Walbroad alleges that this email qualifies as an “other paper” under 28 U.S.C. § 1446(b)(3) and makes it “unequivocally clear and certain” that Walbroad is seeking more than $75,000. R. Doc. 7-1 at 8. … Walbroad’s stated damages are clearly based on the initial offer letter it received for the Property, which was also attached to the email. R. Doc. 9-1.

Burgh Investments, Inc. v. Burk

District Court, E.D. Louisiana · May 21, 2025

particular request being opposed, and not merely that it is overly broad and burdensome or oppressive or vexatious or not reasonably calculated to lead to the discovery of admissible evidence.”17 Any objection must clearly … A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify

Hall v. St. Helena Parish School Board

197 F. Supp. 649 · District Court, E.D. Louisiana · Aug 30, 1961

It would be a miracle if a single accreditable private school for Negroes could be established in St. Helena within the foreseeable future. … If a private school system could be established in St.

Maqbool

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

Accordingly, the Court will begin by examining the second element of establishing a First Amendment retaliation claim—whether Plaintiff has established, by offering prima facie proof, that he spoke as a citizen on a matter … Regarding the second prong of the inquiry—whether the Plaintiff’s speech addresses a matter of public concern—speech qualifies as a matter of public concern “when it can be fairly considered as relating to any

Dempster v. Lamorak Insurance Company

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

controversy, that is, when both parties have submitted evidence of contradictory facts.”83 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify … occupational lung disease of any and every kind and description’ and ‘any and all other personal injury claims arising out of [his] employment at Avondale.’”135 The court found that mesothelioma is a disease of the lungs which qualifies

Herr v. ELOS Environmental L.L.C.

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

respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. … Cir. 2020) to argue a method of establishing a pretext is by showing “deviation from established procedures or criteria.” ECF No. 27-1 at 13.

Andrew Martin Marine Corp. v. Stork-Werkspoor Diesel B.V.

480 F. Supp. 1270 · District Court, E.D. Louisiana · Dec 6, 1979

Whether the contracts also contain language that clearly and unequivocally waives plaintiffs’ right to recover in tort is a question for the arbitrator, not for me. … The short delay before SWD moved for a stay is understandable because counsel had to establish communication with his client in Holland.

Jones v. Cain

601 F. Supp. 2d 769 · District Court, E.D. Louisiana · Feb 10, 2009

The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and ... an unreasonable application is different from an incorrect one. Bell v. … established federal law.

Matney

District Court, E.D. Louisiana · Dec 10, 2025

Thus, “long and clearly established Supreme Court precedent on this matter,” indicates that all claims for equitable or monetary relief under Section 1983 against DefeSnedea nFatsi rileny their official capacities lack … “Deliberate indifference is not established when ‘medical Brreacuonrders vin.

Neroni

District Court, E.D. Louisiana · Oct 21, 2025

Md. 2011) (comparing the different approaches taken by different circuit courts to resolve the question of whether an administrative proceeding can qualify a state court pursuant to § 1441). … language of “state court” in § 1441 to encompass administrative proceedings such as the one defendants attempt to remove here would expand the removal jurisdiction of the districts courts beyond that which Congress clearly

South Market District C, LLC v. Saddles Blazin, LLC

District Court, E.D. Louisiana · Apr 23, 2025

After removal, Chief Judge Brown issued a scheduling order establishing a May 19, 2025 discovery deadline and trial date of August 4, 2025. ECF No. 13. … must also clearly state whether any responsive materials are being withheld and the specific basis for objecting and not producing same.15 2.

Dempster v. Lamorak Insurance Company

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

officer’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 … Court’s discretion is further bounded by the Fifth Circuit’s instruction that reconsideration is “an extraordinary remedy that should be used sparingly,”92 with relief being warranted only when the basis for relief is “clearly

Federal Deposit Insurance v. Duffy

835 F. Supp. 307 · District Court, E.D. Louisiana · Oct 27, 1993

In this *322 case, there was clearly no knowing and voluntary waiver of any defenses. … Simply stated, the FDIC has failed to designate specific facts establishing a genuine issue of fact for trial on the merits. 11 .

Sencial

District Court, E.D. Louisiana · Apr 14, 2026

Finally, Defendants state they are entitled to summary judgment because Sencial cannot prove damages or establish lost wages. Id. at 18, 21. … Sept. 30, 2008) (dismissing plaintiff’s ADA claims against a private entity and its independent contractor physicians because they were clearly not public entities).