Case law

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.

Mendez v. McCain

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

Court of Appeals for the Fifth Circuit further explains: A state-court decision is contrary to clearly established precedent if the state court applies a rule that contradicts the governing law set forth in the Supreme … If Supreme Court case law “give[s] no clear answer to the question presented, let alone one in [the petitioner’s] favor, ‘it cannot be said that the state court unreasonably applied clearly established Federal law.’”67

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.

Addison v. Louisiana Regional Landfill Company

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.

D.H. Griffin Wrecking Company, Inc. v. 1031 Canal Development, LLC

District Court, E.D. Louisiana · May 29, 2020

At first blush, it appears as though the Agreement is cited primarily to support Griffin’s defenses and, accordingly, would not qualify for consideration in this stage of the litigation. … Doc. 45 at 21. 1031 Canal explains that the Emergency Public Works Agreement between Griffin and the State “was only implemented to provide Griffin with immunity.” R. Doc. 45 at 21.

Lee v. Deutsche Bank National Trust Company

District Court, E.D. Louisiana · Jul 25, 2019

Lowentritt, 690 F.2d 1198, 1200 (5th Cir. 1982) (citations omitted).20 As they point 19 There is federal question jurisdiction pursuant to 28 U.S.C. § 1331 “when ‘a well-pleaded complaint establishes either that federal … Hearst Tr., 500 F.3d 454, 461 n.9 (5th Cir. 2007) (“[I]t is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.”).

Major v. Treen

700 F. Supp. 1422 · District Court, E.D. Louisiana · Sep 16, 1988

However, a district judge is not limited to a clearly erroneous standard when reviewing a magistrate’s recommendations on the issue of attorney fees. … Judge Sharp, of the Northern District of Indiana, urged this point quite clearly when he stated in Grooms v.

Hayes v. Berthelot

District Court, E.D. Louisiana · Jan 28, 2025

Deliberate indifference is established by showing “a pattern of similar violations arising from a policy so clearly inadequate as to be obviously likely to result in a constitutional violation.” Covington v. … “Mere negligence, even gross negligence, is not sufficient to establish deliberate indifference.” Id. (citation omitted).

Alford v. Chevron U.S.A. Inc.

13 F. Supp. 3d 581 · District Court, E.D. Louisiana · Apr 1, 2014

A legally sufficient complaint must establish more than a “sheer possibility” that the plaintiffs claim is true. Id. … United States, 891 F.2d 1154, 1159 (5th Cir.1990) (“Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence.

Rodgers v. Gusman

District Court, E.D. Louisiana · Jul 23, 2019

controversy, that is, when both parties have submitted evidence of contradictory facts.”95 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify … every “person” who, under color of any statute, ordinance, regulation, custom, or usage of any State subjects, or “causes to be subjected,” any person to the deprivation of any federally protected rights, privileges, or immunities

Addison v. Louisiana Regional Landfill Company

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

scope of discovery, but instead “creates a form of qualified immunity from discovery” for materials prepared in anticipation of litigation.38 “Rule 26(b)(3) protects documents prepared by a party’s agent from discovery, … The adverse party may do so over a hearsay objection.86 “Rule 106 requires the introduction of a writing or recorded statement only when the omitted portion is ‘necessary to qualify,

Ictech-Bendeck v. Waste Connections Bayou, Inc.

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

scope of discovery, but instead “creates a form of qualified immunity from discovery” for materials prepared in anticipation of litigation.38 “Rule 26(b)(3) protects documents prepared by a party’s agent from discovery, … The adverse party may do so over a hearsay objection.86 “Rule 106 requires the introduction of a writing or recorded statement only when the omitted portion is ‘necessary to qualify,

ENSCO Offshore, LLC v. Cantium, LLC

District Court, E.D. Louisiana · Jul 25, 2024

to provide qualified personnel, failing to provide competent management and proper financial support, and failing to perform drilling operations in a workmanlike manner.7 Cantium alleges that Ensco’s failures resulted … Additionally, to the extent Cantium seeks consequential damages, including spread costs, in connection with the loss of the Kings Hill well, those damages are clearly waived.

Witches Brew Tours LLC v. New Orleans Archdiocesan Cemeteries

District Court, E.D. Louisiana · Aug 22, 2022

Typically only “horizonal” restraints – restraints imposed by agreement between competitors – qualify as unreasonable per se. … Thus, because no horizontal restraint is alleged, the agreement cannot qualify as unreasonable per se, as the Supreme Court noted in Ohio.

Guillot v. Lopinto

District Court, E.D. Louisiana · Mar 8, 2022

every “person” who, under color of any statute, ordinance, regulation, custom, or usage of any State subjects, or “causes to be subjected,” any person to the deprivation of any federally protected rights, privileges, or immunities … municipal liability in such a case, a plaintiff must show that (1) the municipal employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate indifference; and

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

District Court, E.D. Louisiana · Jul 19, 2023

Thus, to prevail on a motion under Rule 59(e) or 54(b), 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 … The court held that the 2008 publication alone was insufficient to establish the first device’s features.

Warner v. Miller Insurance Services, LLP

District Court, E.D. Louisiana · Jan 22, 2025

In reaching its conclusion, the district court clearly stated it was resolving the issue without the support of circuit precedent. See Martinique Properties, 567 F. … Similarly, neither party contests the district court’s conclusion that the appraisal process here qualifies as an arbitration for purposes of the FAA.”).

Newell-Davis v. Phillips

District Court, E.D. Louisiana · Mar 22, 2022

Plaintiffs also asserted claims under the Privileges or Immunities Clause of the Fourteenth Amendment. See Rec. Doc. 1 at 18–19. … Moreover, the nonmoving party may not rest upon mere allegations or denials in its pleadings.159 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Prime Insurance Syndicate, Inc. v. Jefferson

547 F. Supp. 2d 568 · District Court, E.D. Louisiana · Feb 22, 2008

Given that many of Prime’s entries were obscured by block-billing, the Court concludes that Prime has not clearly shown how counsel spent their time to warrant a determination that its requested fees are reasonable. … Jun. 28, 2005) (noting that rates between $150.00 to $250.00 typical of the area and reasoning that while extremely qualified and experienced attorneys practicing in the district “might” charge hourly rates of $875.00 to

Vallery v. United States Postal Service

District Court, E.D. Louisiana · Dec 1, 2021

Under this three-part scheme, a plaintiff must first establish a prima facie case of discrimination by showing: (1) he belongs to a protected group; (2) he was qualified for the position sought; (3) he suffered an adverse … In contrast as it relates to Melancon, he just concluded he was a compelling communicator without assigning to him any particular communication that was clearly made to his subordinates that was compelling in nature.