Case law

Tijerino v. Spotify USA Inc

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

relevance includes “[a]ny matter that bears on, or that reasonably could lead to other matter that could bear on, any issue that is or may be in the case.”6 Discovery should be allowed unless the party opposing discovery establishes … 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

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).

Ceasar v. Veterans Administration Medical Center of New Orleans

District Court, E.D. Louisiana · Apr 13, 2020

ANALYSIS (A) No Jurisdiction over Federal Tort Claims The FTCA waives the United States’s sovereign immunity and provides an exclusive … Congress passed the Veterans’ Judicial Review Act (“VJRA”) in 1988, “which clearly announced the intent of Congress to preclude review of benefits determinations in federal district courts” and “created an exclusive review

Colony Insurance Company v. Evanston Insurance Company

District Court, E.D. Louisiana · Jul 26, 2023

On December 27, 2022, Colony filed a Supplemental and Amended Complaint, adding Southern Hammer as a defendant alleging the following new claims: (1) that DMG qualifies as an additional insured under the Evanston policy … Thus, to prevail on a motion under Rule 59(e), the movant must clearly establish at least one of four factors: (1) the motion is necessary to correct a manifest error of law, (2) the movant presents newly discovered or

Webster v. Michele

District Court, E.D. Louisiana · Mar 27, 2024

immunity.31 Michel also argues that the complaint fails to state a claim for discrimination and fails to state a claim for a HIPAA violation since the report does not contain any confidential medical … “Moreover, [t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it . . . [He] must, instead, have a legitimate claim of entitlement to it.” Id.

Vesoulis v. ReShape Lifesciences, Inc.

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

Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible at trial do not qualify as competent opposing evidence. FED. R. CIV. … Lavin was clearly aware that esophageal perforation is a common complication of any endoscopy. See Lavin Dep., ReShape Mot., Ex. K.

Jordan v. Downtown Development District

District Court, E.D. Louisiana · Mar 19, 2024

Jordan was clearly offended by Davis’s statements, perhaps rightly. … a prima facie case for discrimination, which requires a showing that he “(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment action

Dempster v. Lamorak Insurance Company

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

the moving party is entitled to judgment as a matter of law.64 The nonmoving party may not rest upon the pleadings, but must identify specific facts in the record and articulate the precise manner in which that evidence establishes … controversy, that is, when both parties have submitted evidence of contradictory facts.”71 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

McKemie

District Court, E.D. Louisiana · Aug 28, 2026

Maryland15 was an unreasonable application of clearly established federal law; and (3) his trial counsel rendered ineffective assistance.16 On May 22, 8 State v. McKemie, 14-KW-0610 (La. App. 1 Cir. … discovered” evidence because it was created to support McKemie’s most recent post-conviction relief application and merely reflects an opinion based on the evidence that was known and presented at trial.66 “Evidence does not qualify

Moses v. Washington Parish School Board

276 F. Supp. 834 · District Court, E.D. Louisiana · Nov 15, 1967

Judge Wisdom stated in the first Jefferson County opinion, “racial imbalance caused by racially motivated conduct [that is, ‘de jure segregation’] is clearly invalid. … other professional staff members are to be displaced as a result of desegregation, no staff vacancy in the school system shall be filled through recruitment from outside the system unless no such displaced staff member is qualified

In re: In the Matter of Texas Petroleum Investment Company

District Court, E.D. Louisiana · Jul 31, 2026

Despite settling Tanksley's claims, Chevron sought trial on its fault in order to prove its lack of liability and thereby qualify for indemnification from SEE under the LOIA.80 The Fifth Circuit determined Chevron … When both employers contemporaneously control and benefit from the loaned worker's liability, both will be held liable under the Dual employer doctrine.94 Here, the record clearly establishes that The Production

Carlisle v. Normand

District Court, E.D. Louisiana · Aug 7, 2019

erroneous or contrary to law.”23 “A finding is clearly erroneous only if it is implausible in the light of the record considered 16 Coleman v. … STAT. § 15:571.3 (providing when inmates may qualify for good time credit).

In Re Parish of Plaquemines

231 F. Supp. 2d 506 · District Court, E.D. Louisiana · Nov 14, 2002

The mere fact that an injury occurs, however, does not establish a vessel is unseaworthy. … There are certainly scuff marks on the top of the gate as is clearly evident from the photographs of the gate introduced into evidence.

Greenwald v. Cantrell

District Court, E.D. Louisiana · Dec 12, 2024

the 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.”27 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

F&M Mafco, Inc. v. Ocean Marine Contractors, LLC

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

ECapital says that crane qualifies as “collateral” under the commercial security agreement because F&M bought it from Ocean Marine Contractors. … These positions are “clearly inconsistent.” Gabarick, 753 F.3d at 553; see also Afram Carriers Inc. v.

Bardell v. Jefferson Parish School Board

District Court, E.D. Louisiana · Jul 25, 2022

The Court’s analysis will focus solely on Plaintiff’s claims that are clearly not time-barred under any of the pertinent statues. … But it is firmly established that the Court must take as true all well-pled allegations when ruling on a Rule 12(b)(6) motion. Lane, 529 F.3d at 557.

Chisom v. Edwards

690 F. Supp. 1524 · District Court, E.D. Louisiana · Jul 28, 1988

Nor do I know of any other black candidate with a broad base of support in the black community who would undertake the clearly futile attempt to achieve election from the First Supreme Court District. … a substantial likelihood of success by establishing a prima facie case.

Brishawna L. Silby v. Jefferson Parish

District Court, E.D. Louisiana · Jan 3, 2022

Punitive Damages under § 1981 It is well settled that municipalities are immune from punitive damages under 42 U.S.C. § 1983. City of Newport v. … variance from the grievance filing procedure, being told that evaluations can be changed, receiving a 1 on her evaluation, having an evaluation changed, or being denied pay for time off despite having a doctor’s note could qualify

Harris v. Rivarde Detention Center

District Court, E.D. Louisiana · Jan 27, 2020

In a disparate treatment case, “to establish a prima facie case of discrimination on the basis of race or national origin, a plaintiff must show he or she was: (1) a member of a protected class; (2) qualified for the position … Without this element she cannot establish a claim.

Bowman v. Agent Alliance Insurance Company

District Court, E.D. Louisiana · Nov 8, 2024

manifestly clear stipulation’ to create a stipulation pour autrui.”86 Since the Lee and Williams decisions, several courts within the Eastern District of Louisiana have declined to hold that a mortgagor automatically qualifies … provisions stipulating that a Plaintiff may obtain a benefit if the loss is in excess of the mortgagee’s interest in the property “are merely incidental to the force-placed insurance policy and thus not sufficient to establish