Case law

In Re: Hendrikus Edward Ton

District Court, E.D. Louisiana · Mar 21, 2022

a clearly erroneous determination is a stringent one; to be 1 In re Amco Ins., 444 F.3d 690, 694 (5th Cir. 2006). 2 … Accordingly, she has again failed to establish grounds for reversal of the Bankruptcy Court’s decision confirming the Plan. v.

Louisiana State v. Ratliff

District Court, E.D. Louisiana · Sep 18, 2023

If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.” … Defendants argue that Parker-Brown qualifies for federal officer removal pursuant to § 1442.

Hewitt v. W&T Offshore, Inc.

District Court, E.D. Louisiana · Mar 13, 2023

compensation and medical payments are the sole remedy for an employee covered by the LHWCA when filing suit against an employer.26 Defendant further asserts that this rule applies to an LHWCA-covered injured worker who qualifies … controversy, that is, when both parties have submitted evidence of contradictory facts.”118 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Arnold v. Alvarado

District Court, E.D. Louisiana · Jun 6, 2024

“An order in limine excludes only clearly inadmissible evidence; therefore, evidence should not be excluded before trial unless it is clearly inadmissible on all potential grounds.” … Rule 702 of the Federal Rules of Evidence governs the admissibility of expert witness testimony: A witness who is qualified as an expert by knowledge, skill, experience

Ochsner Clinic Foundation v. Lexington Insurance Co.

226 F. Supp. 3d 658 · District Court, E.D. Louisiana · Jan 3, 2017

speculative. 70 It includes patients who saw an internal medicine doctor and later received additional care from Ochsner, such as specialists, lab services, radiology, and more. 71 Ochsner argues that the causal connection is clearly … Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence. 134 *672 B.

Dempster v. Lamorak Insurance Company

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

’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,”107 with relief being warranted only when the basis for relief is “clearly

Lay v. McCain

District Court, E.D. Louisiana · May 21, 2024

Doc. 50 at 7. 2011 conviction, which became final on December 15, 2016, the clearly established Supreme Court precedent applicable to Lay’s claim was directly … Rather, the provision of counsel to a petitioner in a § 2254 case is allowed when the court determines that an evidentiary hearing is necessary, and the moving party qualifies under 18 U.S.C. § 3006A.

United States v. Guyton

37 F. Supp. 3d 840 · District Court, E.D. Louisiana · Jul 31, 2014

Larson responded that Guyton required a formal grant of immunity from the Attorney General. … Berry is clearly in breach of his plea agreement. Nonetheless, Berry argues that rescission is inappropriate under the doctrine of substantial performance.

Collett v. Weyerhaeuser Company

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

Cave is clearly a retained expert under Rule 26 and must produce a report before being allowed to testify. Thus, failing to produce a 26(a)(2)(B) report would in itself disqualify Dr. … Once general causation is established then the court must determine whether there is admissible specific causation evidence.

Keller v. Winn-Dixie Montgomery, LLC

District Court, E.D. Louisiana · Sep 10, 2019

The party responding to the motion for summary judgment may not rest upon the pleadings, but must identify specific facts that establish a genuine issue. Id. … App’x at 655 (“[B]road but general language is insufficient to qualify as an express statement to that effect.”).

Hospital Housekeeping Systems, LLC v. Calvey

District Court, E.D. Louisiana · Jan 24, 2024

“Louisiana courts have confined unfair practices to those which offend established public policy and are immoral, unethical, oppressive, unscrupulous, or substantially injurious.” D.H. … qualify as an agreement between an employer and someone “employed as an agent, servant, or employee” since there is no indication that Ochsner was employed in any of these capacities by plaintiff.

Ictech-Bendeck v. Waste Connections Bayou, Inc.

District Court, E.D. Louisiana · Jan 2, 2024

prepared in anticipation of litigation or for trial by or for another party or its representative.”48 The doctrine does not place work product outside the scope of discovery, but instead “creates a form of qualified … immunity from discovery” for materials 42 See id. 43 See R.

Lennix v. Amazon Com Services LLC

District Court, E.D. Louisiana · Jun 17, 2025

Under that provision, receipt of LWCA benefits is ordinarily an employee’s exclusive remedy against her employer for an on-the-job injury, and the employer is ordinarily immune from tort liability to the employee. … Lennix’s liberally construed complaint lacks facts establishing that Amazon played any role in causing her alleged injury.

United States ex rel. Branch Consultants, L.L.C. v. Allstate Insurance

782 F. Supp. 2d 248 · District Court, E.D. Louisiana · Jan 24, 2011

Nowhere does Rockwell say that a relator may qualify as an original source if he or she lacks such knowledge as to the original complaint. … The earlier decision clearly held that the first-to-file rule barred *267 Branch’s original complaint against Allstate.

Ruffin v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Sep 7, 2021

Additionally, Defendants contend that Plaintiff has not established “good cause” as required by either Rule 26 or Rule 45. … “Good cause” exists when disclosure will result in a clearly defined and serious injury to the party seeking the protective order.14 In determining good cause, the court must balance the risk of injury without the protective

Hotard v. Avondale Industries, Inc.

District Court, E.D. Louisiana · Sep 29, 2022

Moreover, E&S cite no authority for the proposition that merely because a thing is unfinished or under-construction, it cannot qualify as a premises. … A company clearly benefits from owning a material where that material enables its vessels to meet regulatory standards.

Hyde v. Jefferson Parish Hospital District No. 2

513 F. Supp. 532 · District Court, E.D. Louisiana · Jan 23, 1981

He organized the CRN A training program and established the anesthesiology residency at Charity. Dr. … For a person to have a property interest in a benefit, he clearly must have more than an abstract need or desire for it.

Rak v. C-Innovation, L.L.C.

District Court, E.D. Louisiana · Aug 22, 2024

ANALYSIS Courts have considerable discretion when evaluating the merits of a motion for reconsideration pursuant to Rule 59(e).24 To prevail on a Rule 59(e) motion, the movant “must clearly … and reversed.”49 Specifically, Rak argues the corrected Order and Reasons establishes that he “qualifies for seaman status,” or “[a]t a minimum, [establishes] a genuine fact dispute exists as to [his] seaman status, warranting

Dveirin v. State Farm Fire and Casualty Company

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

Objections interposed without also clearly indicating whether any document or information is being withheld are improper.22 C. … Photographs of experts, however, would appear to qualify as work product. At this point, it is unclear what photographs exist and what photographs have been produced.

William v. Iberville Parish School Board

314 F. Supp. 1104 · District Court, E.D. Louisiana · Jun 30, 1970

But in any event, the positions were formally established on February 1, 1970, and on that date Mr. James and Mr. … Williams were assigned to fill those positions, even though their offices were inadequately equipped, and their duties and responsibilities were not clearly defined. The fact that Mr. James and Mr.