Case law

Robbin Yvette Miller v. Carrington Mortgage Services LLC

District Court, E.D. Louisiana · Jul 16, 2026

At the preliminary injunction stage, the movant must clearly show only that each element of standing” is satisfied. Speech First, Inc. v. Fenves, 979 F.3d 319, 329–30 (5th Cir. 2020). … See, e.g., § 2605(c) (“Each transferee servicer to whom the servicing of any federally related mortgage loan is . . . transferred shall notify the borrower . . .”);35 § 2605(e) (“If any servicer . . . receives a qualified

Theriot v. Building Trades United Pension Trust Fund

District Court, E.D. Louisiana · Nov 4, 2019

, Theriot argues in her supplemental memorandum in opposition to defendants’ motion for summary judgment that “consideration of Plaintiff’s claims should have been tolled until such time as a succession representative qualified … Tolling of Limitations Finally, Theriot argues that “consideration of [p]laintiff’s claims should have been tolled until such time as a succession representative qualified or until such time as

Sherrod v. Nexion Health at Marrero, Inc.

District Court, E.D. Louisiana · Oct 9, 2025

“All other tort liability on the part of the qualified health care provider is governed by general tort law.” Patterson, 374 So. 3d at 307. … (“Defendants argue that Plaintiff relies only on the NHRBR to establish the duty owed to her.

Ward v. Rasier, LLC

District Court, E.D. Louisiana · Jul 1, 2025

The Advisory Committee Notes of 1946 state that “[t]he addition of the qualifying word ‘final’ emphasizes the character of judgment, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory … “clearly establish” that reconsideration is warranted.50 When there exists no independent reason for reconsideration other than mere disagreement with a prior order, reconsideration is a waste of judicial time and resources

Doe v. Tonti Management Co, L.L.C.

District Court, E.D. Louisiana · Oct 28, 2022

LAW AND ANALYSIS Pursuant to the All Writs Act, “all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and 20 … holding that “[a]n order compelling arbitration . . . is a final decision that qualifies as a ‘judgment’ under the Anti-Injunction Act.”

Zummer v. Sallet

District Court, E.D. Louisiana · Sep 5, 2019

Under the CSRA, a qualified employee is entitled to a review by the MSPB, followed by an appeal to the Federal Circuit. … Although both decisions by the FBI implicate national security, the jurisprudence clearly separates the two inquiries.

Leblanc v. Texas Brine Company, LLC

District Court, E.D. Louisiana · Oct 17, 2019

exchanged between AWAC’s representative and HETI are subject to the “common interest” privilege codified in article 506(B)(3) of the Louisiana Code of Evidence, and thus, are immune … Even if the Court were to find that the “common-interest” privilege somehow operated to shield these documents, the record here clearly supports Vulcan’s argument that Teleglobe Communications

United States v. Strmel

574 F. Supp. 793 · District Court, E.D. Louisiana · Oct 17, 1983

To qualify as such, three requirements must be met. The person or thing searched must have crossed the border. 7 When searched it must be in the same condition as when the border was crossed. … Still, the Court held that, in light of the fact that it took authorities over an hour to unload 628 pounds of marijuana, this break was insufficient to establish changed circumstances. 481 F.2d at 218-19 .

Noakes v. Department of Homeland Security

District Court, E.D. Louisiana · Oct 12, 2022

Rubin, 77 F.3d 777, 781 (5th Cir. 1995) (“[F]iling an administrative complaint is clearly protected activity”). … What does and does not constitute an adverse action in this context is clearly established, see id., and even a generous interpretation of “formal reprimand” does not encompass TSA’s decisions to simply stop investigating

Addison v. Louisiana Regional Landfill Company

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

representative.”28 “Excluded from the work-product doctrine are materials assembled in the ordinary course of business.”29 The doctrine does not place work product outside the scope of discovery, but instead “creates a form of qualified … immunity from discovery” for materials prepared in anticipation of litigation.30 “Rule 26(b)(3) protects documents prepared by a party’s agent from discovery, as long as they were prepared in anticipation of litigation

Dempster v. Lamorak Insurance Company

District Court, E.D. Louisiana · Sep 21, 2020

Baril is eminently qualified to testify as an expert in this matter.45 Plaintiffs note that Mr. … Baril does not know if the boards used in the study were the same as the boards used by Hopeman at Avondale is clearly unfounded. The Hopeman Interests base this argument on deposition testimony Mr.

Ictech-Bendeck v. Waste Connections Bayou, Inc.

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

representative.”28 “Excluded from the work-product doctrine are materials assembled in the ordinary course of business.”29 The doctrine does not place work product outside the scope of discovery, but instead “creates a form of qualified … immunity from discovery” for materials prepared in anticipation of litigation.30 “Rule 26(b)(3) protects documents prepared by a party’s agent from discovery, as long as they were prepared in anticipation of litigation

In re: In the Matter of American Commercial Barge Line, LLC.

District Court, E.D. Louisiana · Mar 31, 2023

no supporting allegation or evidence.24 Claimants further assert that the survey attached to the Verified Complaint contains additional facts that clearly … permanently install additional spar barges at the site to expand the . . . facility.”31 Claimants contend that, “[a]lthough the dock has been expanded since the 1999 site plan was submitted into the public records, it clearly

Warner v. Hutson

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

Louisiana law is well- established on this issue. … Louisiana and federal laws are clearly established on this issue.

Joya v. Gonzales

District Court, E.D. Louisiana · Mar 12, 2020

enough to establish the exercise of custody rights under the applicable law. … that such order would be clearly inappropriate.” 22 U.S.C. § 9007(b)(3).

Smith v. Metro Security, Inc.

District Court, E.D. Louisiana · Dec 9, 2019

The Court denied the motion for summary judgment because Defendants failed to establish that it was undisputed that Metro Security, Inc.’s annual gross revenues were less than $500,000 per year. … Defendants never filed a motion to decertify, which the Court clearly noted in the 55 And, as noted in the certification order, neither does the Fifth Circuit. See R. Doc. 23 at 3.

Wilco Marsh Buggies and Draglines Inc v. Weeks Marine, Inc.

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

Doc. 110-11) establishes the dates on which both Clark 1983 and Parchure 1996 were catalogued in the library archive. … Weeks argues that the authenticity of the brochure has been established by Mr.

Scott v. Crosby Energy Services

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

Plaintiff’s amended complaint clearly directs all allegations and theories of liability against both Crosby and Wood Group in their capacities as Scott’s alleged joint employers. … “To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; [and] (3) that he was subject to an adverse employment decision

Ictech-Bendeck v. Waste Connections Bayou, Inc.

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

Plaintiffs have clearly established that the information redacted by Defendants “bears on, or . . . … Plaintiffs argue Defendants have failed to carry their burden of establishing the work product doctrine is applicable.

Bessler v. Board of Immigration Appeals

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

The Court first asks if Congress meant to establish a civil scheme— rather than a punitive one—when it enacted the Adam Walsh Act. See id. … As for the first step, Congress meant to establish a civil scheme—not a punitive one—when it enacted the Adam Walsh Act.