Case law

Murphy v. BP Exploration & Production Inc.

District Court, E.D. Louisiana · May 9, 2022

“To qualify as an expert, ‘the witness must have such knowledge or experience in [his] field or calling as to make it appear that his opinion or inference will probably aid the trier in his search for truth.’” … condition and/or disease,” are different things, and that “multiple diseases might produce similar symptoms.”33 Cook’s report states that Murphy’s “clinical records available for review do not clearly

Cook v. Ochsner Foundation Hospital

61 F.R.D. 354 · District Court, E.D. Louisiana · Oct 16, 1972

This clearly discriminates against a very substantial segment of the public. This is a clear violation of the “community service” obligation. … This Order shall expire at the end of twelve months from the operative date of the programs established under paragraphs 1 and 2 above. However, if within the twelve months period the U. S.

Dempster v. Lamorak Insurance Company

District Court, E.D. Louisiana · Aug 26, 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,”90 with relief being warranted only when the basis for relief is “clearly

Payne

District Court, E.D. Louisiana · Aug 5, 2026

Hlouantthe to interfere with custodial classifications established abbyr opgraistoend oonff ioctihaelsr. "g r ounds by Booth ,v 1. … immunity.

Shops and Garage at Canal Place, LLC v. Wilson Canal Place II, LLC

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

The Fifth Circuit has held that the first factor––whether state statutes and case law characterize the agency as an arm of the state––subsumes all others.74 With respect to SWIB, in the analogous context of sovereign immunity … (“[T]he analysis of an agency's status is virtually identical whether the case involves determination of immunity under the Eleventh Amendment or a determination of citizenship for diversity jurisdiction.”). 76

Miller v. American Security Insurance Company

District Court, E.D. Louisiana · Apr 16, 2025

show it is a fax filed version of plaintiff’s Petition.”48 Defendant contends the burden is on Plaintiff to demonstrate compliance with all elements of Louisiana Revised Statute § 13:850 in order to establish Plaintiff’ … Jan. 15, 2025) (holding that “the Loss Payment Provision clearly manifests an intent that Policy benefits be paid to Specialized Loan Servicing as the ‘named insured,’ not [the plaintiff].”); Brown v. Am. Mod.

Meaux v. Cooper Consolidated, LLC

District Court, E.D. Louisiana · Aug 6, 2020

The plaintiff must establish seaman status. Becker, 335 F.3d at 390 n.8. … However, a court may grant summary judgment when the undisputed facts demonstrate that the maritime worker clearly satisfies the criteria for seaman status. Hebert v. Weeks Marine, Inc., 251 F.

Lafaye v. New Orleans City

District Court, E.D. Louisiana · Mar 9, 2021

The owner of a thing may use, enjoy, and dispose of it within the limits and under the conditions established by law.”). … What was the landowners' property has suddenly vanished behind a veil of sovereign immunity in state court.

Monumental Task Committee, Inc. v. Foxx

259 F. Supp. 3d 494 · District Court, E.D. Louisiana · Apr 24, 2017

Accordingly, the City contends that Plaintiffs cannot establish that removing the Monuments violates the NHPA. The. … “Plaintiffs have established only that they disagree with the City’s action, not that the City abused its power.

Schellhaas v. Southwest Airlines Company

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

Clearly, plaintiff has satisfied his initial burden under 5 Plaintiff was given the choice to resign or be terminated and chose the latter. … Therefore, plaintiff’s attempt to establish that a similarly situated, and younger employee was treated differently fails.

Rutherford v. Pontchartrain Materials Corp LLC

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

Dec. 12, 2023), Pontchartrain argues that the law clearly establishes that a person working aboard an unloading barge that is either spudded or tied down, and attached to shore by a gangplank, is not a seaman.40 Further … Until Sanchez, an employee would qualify for seaman status if the employee’s connection to a vessel “regularly exposes him to the perils of the sea.” Id. (explaining Papai, 520 U.S. at 554-55).

United Specialty Insurance Company, et al. v. Tahoe Investments, LLC dba Mr. Binkys #3, et al.

District Court, E.D. Louisiana · Mar 19, 2026

The nonmovant may not rest upon the pleadings but must identify specific facts that establish a genuine issue for resolution. See, e.g., id. III. … As established above, such injuries are clearly, unambiguously excluded by the psychotropic substances exclusion.

Turner v. Murphy Oil USA, Inc.

582 F. Supp. 2d 797 · District Court, E.D. Louisiana · Oct 6, 2008

Therefore, the Court appointed a well qualified and independent special master to take evidence and recommend an allocation. … Bickford’s contribution to the strategy and ultimately the settlement of this case clearly benefitted the class. Mr.

LAD SERVICES OF LOUISIANA, LLC v. DRAGADOS/HAWAIIAN DREDGING/ORION JOINT VENTURE, ET AL.

District Court, E.D. Louisiana · May 13, 2026

Defendant has not, however, established that Plaintiff failed to produce other unspecified responsive documents. … matters of general knowledge in the trade or of special knowledge of those persons skilled in the trade.18 To identify a trade secret with reasonable particularity, the plaintiff must provide concrete information that “clearly

Lafontaine v. Massachusetts Mutual Life Insurance Co.

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

this Policy is In Force of a condition caused by a Sickness or Injury, in which the Insured cannot perform the main duties of his/her Occupation and is not working at any other occupation for which he/she is, or becomes, qualified … September 18, 2019 letter cannot possibly establish a mutual error in the creation of a contract because it was written 16 years after the Policy went into effect in 2003.92 ii.

Rodgers

District Court, E.D. Louisiana · Aug 4, 2026

The legislature had to take steps to contain those costs for Louisiana to qualify for federal funds for hurricane protection and flood control projects. … It is not insulated by sovereign immunity.

Russell v. Choicepoint Services, Inc.

302 F. Supp. 2d 654 · District Court, E.D. Louisiana · Jan 28, 2004

The DPPA establishes criminal and civil penalties to be imposed on those who fail to comply with its provisions. Reno, 528 U.S. at 146 , 120 S.Ct. 666 . … Clearly, the two terms have separate meanings, as Congress knew well when it drafted the DPPA.

Kingman Holdings, LLC v. Blackboard Insurance Company

District Court, E.D. Louisiana · Nov 13, 2024

allege facts consistent with a claim because the allegations must move past possibility and to plausibility of “entitlement to relief.”11 If the “facts” alleged are “merely consistent” with those minimally required to establish … Thus, it qualifies as the prevailing party even though it was not fully successful on recovery of all amounts allegedly owed.

In the Matter of Cenac Towing Co., LLC

District Court, E.D. Louisiana · Aug 12, 2026

Oct. 28, 2009) (finding that the magistrate judge did not clearly err in compelling production of new dataset of records from database, noting “[t]he Federal Rules of Civil Procedure clearly contemplate the production of … 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

Barbe v. Ocwen Loan Servicing, LLC

383 F. Supp. 3d 634 · District Court, E.D. Louisiana · May 22, 2019

In Riley , Judge Vance held that an insurance certificate identical to the one at issue here did not constitute a binding contract between an insurance carrier and a borrower because it "clearly note[d] that [lender] is the … To establish the existence of a civil conspiracy, a plaintiff must show that "an agreement existed to commit an illegal or tortious act, which act was actually committed, which resulted in the plaintiff's injury, and there