Case law

Edenfield v. New Orleans City

District Court, E.D. Louisiana · Apr 23, 2024

His social media posts clearly advocate unnecessary force and use terms historically used to demean African Americans to describe Black Lives Matters protesters. … They fall within the definition of offense that qualifies for a Level F penalty under the Disciplinary Matrix.

Williams v. Allied Trust Insurance Company

District Court, E.D. Louisiana · Apr 29, 2025

signed the agreement.49 To determine whether there is a valid compromise, the Court looks to whether there was an offer and acceptance via “sufficient writings signed by both parties.”50 “Emails can qualify … As stated above, Plaintiff indicated that he intended to sign the global release, which clearly did not limit the settled claims to the amount of the HVAC repairs.

Hart

District Court, E.D. Louisiana · Jul 8, 2026

Prima Facie Case To establish a prima facie case of age discrimination, a plaintiff must show: (1) an adverse employment action; (2) that he was qualified for the position; ( … Sunbelt argues that the disputed incentive payments thus do not qualify as an “amount due” within the lan- guage of the statute.

Carter v. Vannoy

District Court, E.D. Louisiana · Apr 22, 2021

on their rights.’”27 The petitioner bears the burden of establishing that equitable tolling is warranted.28 “[A] petitioner must show 24 R. … Our cases establish that the right to appointed counsel extends to the first appeal of right, and no further.” (citation omitted)).” Dufrene v.

Gilmore v. Audubon Nature Inst., Inc.

353 F. Supp. 3d 499 · District Court, E.D. Louisiana · Nov 5, 2018

Ku's comparable 16 years of experience qualifies her for the same reasonable hourly rate of $275 per hour. … Awards in similar cases have already been taken into account above in establishing the hourly rates.

In Re Vioxx Products Liability Litigation

501 F. Supp. 2d 776 · District Court, E.D. Louisiana · Jul 3, 2007

For example, in the Medical Device Amendments of 1976, Congress provided that “no State ... may establish or continue in effect with respect to a device intended for human use any requirement (1) which is different from, … “If Congress had intended to deprive injured parties of a long available form of compensation, it surely would have expressed that intent more clearly.” Bates v.

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

Primus v. Paretti

District Court, E.D. Louisiana · Apr 18, 2025

investigative report, and the offense incident report related to the PREA complaint—all of which support judgment.10 In opposing summary judgment, Primus submitted only limited jail 9 Defendants have invoked their qualified … immunity defense, but the Court need not reach it given the analysis herein. 10 R.

Cole v. Oceaneering International, Inc.

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

and (2) the employee’s service is primarily offered to aid the vessel as a means of transportation, provided that the employee does not perform a substantial amount of different work.’”42 The facts of this case are clearly … chose to rely upon two unpublished district court opinions, which were decided about a decade before Sanchez.100 While not binding on this Court, the Court nonetheless points out that the Bayham case is clearly

Plenary Infrastructure Belle Chasse, LLC v. Aspen American Insurance Company

District Court, E.D. Louisiana · Feb 23, 2024

A suretyship may be qualified, conditioned, or limited in any lawful manner, and obligations set forth in a bond are strictly construed in favor of protecting the oblige. La. Civ. … The Bond clearly sets out limits to the suretyship: that Aspen’s obligations continue for the annual term (January 21, 2021 to January 20, 2022) only, unless the bond is released early by Plenary or if DBi and Aspen extend

Nelsen v. Garrison Property And Casualty Insurance Company

District Court, E.D. Louisiana · Sep 11, 2023

“To qualify as an ‘other paper’ [sufficient to trigger removal] the discovery response must be ‘unequivocally clear and certain,’ so that defendant may ascertain the action’s removability.” … establish the jurisdictional amount).

Cain v. City of New Orleans

186 F. Supp. 3d 536 · District Court, E.D. Louisiana · Apr 21, 2016

When a person is charged with a crime, the Criminal District Court judges first determine whether the criminal defendant is legally “indigent,” meaning they qualify for appointment of counsel through the Orleans Public Defenders … A criminal defendant challenges the constitutionality of his conviction or sentence in a section 1983 case when “establishing the'basis for the damages claim necessarily demonstrates the invalidity of the conviction.”

Collins v. Benton

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

basis for relief is “clearly establish[ed].”77 Courts in the Eastern District of Louisiana have generally considered four factors in deciding motions for reconsideration: (1) the motion is necessary to correct a manifest … Finally, the Court finds that Plaintiffs have not “clearly establish[ed]”122 that they are entitled to the “extraordinary remedy”123 of reconsideration.

STEAMSHIP MUT. UNDERWRITING ASS'N LIMITED v. Bureau Veritas

380 F. Supp. 482 · District Court, E.D. Louisiana · Jun 4, 1973

Such a result seems clearly contrary to what the rule requires. *489 Defendant contends that Rule 2-11(1) is the applicable rule. … as to the cause of the sinking said he could only “assume” that the vessel suffered a severe leak through her hull in some unknown manner and to him it “suggested” a severe fracture. 19 In view of the witness’s somewhat qualified

Margaret S. v. Edwards

488 F. Supp. 181 · District Court, E.D. Louisiana · Mar 3, 1980

ESTABLISHMENT OF RELIGION Plaintiffs’ final argument attacks the entire Act as an establishment of religion in violation of the First Amendment of the Constitution. The Court finds that this argument has no merit. … Available Rho (L) immune globulin for use when indicated, or the procedure to prevent Rh sensitization. 4. Dressing rooms and scrub-up facilities suitably located. G.

Hamidah v. PC Baywood, LLC

District Court, E.D. Louisiana · Jan 24, 2023

For a witness to render an expert opinion, that person must be qualified by knowledge, skill, experience, training, or education. Federal Rule of Evidence 702. … Bill Price will be qualified as an expert witness at trial if he is so called as a witness by Plaintiffs. III.

DYSON, INC. v. Oreck Corp.

647 F. Supp. 2d 631 · District Court, E.D. Louisiana · Sep 2, 2009

The moving party bears the burden of establishing that there are no genuine issues of material fact. … The proper inquiry is therefore whether the moving party has “clearly establish[ed] either a manifest error of law or fact or ... present[ed] newly discovered evidence.” Ross v.

Addison v. Louisiana Regional Landfill Company

District Court, E.D. Louisiana · Jul 31, 2024

LDEQ EDMS clearly shows, contrary to the Defendants’ mischaracterization of the landfill’s operational history, Hwy 90 sought a permit from the LDEQ to mitigate H2S- related landfill odors in early 2008 that likely … Stutz’s Report explaining his methodologies is necessary to establish the foundation of his testimony on the JPLF and/or the RBLF, the opinions are not excluded. Mr.

Metzinger v. Department of Veterans Affairs United States

District Court, E.D. Louisiana · Sep 18, 2020

Title VII waives sovereign immunity for “civil actions” alleging “discrimination based on race, color, religion, sex, or national origin” against federal employers. 42 U.S.C. § 2000e-16(a), (c); see Loeffler v. … Here, plaintiff’s Fourth Claim alleges a state law tort claim that is clearly preempted.

Select Oilfield Services, LLC v. Total Marine Services of Jefferson, Inc.

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

Objections interposed without also clearly indicating whether any document or information is being withheld are improper.13 All responses must clearly state whether any responsive materials are being withheld and the … Feb. 8, 2013) (excluding any evidence in an exhibit that was not disclosed to defendants during discovery, unless the evidence qualifies as a document that can be obtained from defendants); ContentGuard Holdings, Inc. v