Case law

Cortez v. Lamorak Insurance Company

District Court, E.D. Louisiana · Nov 23, 2020

“To be ‘colorable,’ the asserted defense need not be ‘clearly sustainable.’” Id. … The Boyle defense “extends to federal contractors an immunity enjoyed by the federal government in the performance of discretionary actions.”

Lewis v. United States

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

[the government] must establish a significant nexus on a case-by-case basis.” Id. … However, while "the significant nexus test does not require laboratory tests or any particular quantitative measurements in order to establish significance.... in announcing this test, [Justice Kennedy] clearly intended

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

Reeder v. Williams

District Court, E.D. Louisiana · Dec 6, 2023

that he has been deprived of a right, privilege, or immunity secured by the United States Constitution. … Clearly Williams controlled the 2021 post-conviction litigation in state court because as the sitting district attorney in Orleans Parish that is what state law required him to do.

United Medical Healthcare, Inc. v. Department of Health & Human Services

889 F. Supp. 2d 832 · District Court, E.D. Louisiana · Aug 24, 2012

(“Maximus”), a Medicare Qualified Independent Contractor (“QIC”) (“Second Appeal”). … The Administrative Record before this Court clearly indicates that liability under sections 1879 and 1842(i )(1)(C) were at issue before the Administrative Law Judge.

Major v. Treen

574 F. Supp. 325 · District Court, E.D. Louisiana · Sep 23, 1983

Act 1 of that session established new state representative districts. … Bitzer, 427 U.S. 445 , 96 S.Ct. 2666 , 49 L.Ed.2d 614 (1976) (§ 5 of the Fourteenth Amendment overcomes state Eleventh Amendment immunity).

Merida v. Board of Commissioners of the Southeast Louisiana Flood Protection Authority - East

District Court, E.D. Louisiana · Sep 20, 2024

supplemented and amended his original petition,65 and the Court denied as moot Defendants’ partial Rule 12(c) motion.66 In his original petition67 and first supplemental and amending complaint,68 Merida does not clearly … And Durnin’s alleged use of the term undoubtedly qualifies as “severe” because it “evinces a clear animus against a particular national origin,” Alamo v.

Punch v. Social Security Administration

District Court, E.D. Louisiana · Sep 13, 2022

through the date of the decision.28 The ALJ also stated that Plaintiff was not under a disability within the meaning of the Social Security Act at any time through September 30, 2017, the date last insured, for purposes of qualifying … established the onset of his severe impairments.98 However, Plaintiff’s disability was not based on this traumatic injury alone.

C. Itoh & Co. (America), Inc. v. M/V Hans Leonhardt

719 F. Supp. 479 · District Court, E.D. Louisiana · Apr 12, 1989

Dupree Maples, a professor of mechanical engineering at Louisiana State University who was qualified as an expert in thermal and fluid operations, to prove that the 2800 to 3000 gallons of water in ACBL 1323 upon its arrival … Clearly, the 5.8 percent depreciation is the best means of computing actual damage.

In Re: Maison Royale, LLC

District Court, E.D. Louisiana · Mar 31, 2025

Clearly, this seven-year period facially exceeds the three-year prescriptive period provided by Article 3494(3). … Clearly, then, Sutton’s presence as a party on behalf of Maison Royale did not terminate the moment his claims were dismissed.

Lowenfield v. Phelps

671 F. Supp. 423 · District Court, E.D. Louisiana · Mar 31, 1987

Petitioner claims that this conviction and sentence were in violation of rights, privileges, and immunities guaranteed by the Constitution of the United States. … [A]n important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors will not have formed some impression or opinion as to the merits of the

GHL Holdings LLC v. Legend Marine Group

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

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. … Additionally, Texas law clearly indicates that the DTPA provides an independent cause of action when a breach of the duty to refrain from making deceitful misrepresentations causes injury to a consumer.!

Webber v. Leson Chevrolet Company, Inc.

District Court, E.D. Louisiana · Aug 26, 2024

Gorham has clearly not heard the Court. This is frustrating to say the least. … As noted, the amount of this sanction aligns, not only with the cost to Defendant and counsel, but also with the well-established goal of deterrence.

Jobe v. National Transportation Safety Board

District Court, E.D. Louisiana · Nov 18, 2019

STANDARD OF REVIEW The FOIA requires a federal agency, upon request, to disclose records in its possession, unless the requested documents are clearly exempt … Therefore, once an agency identifies a document that it believes qualifies for a FOIA exemption, “it must undertake a segregability analysis, in which it separates the exempt from the non-exempt portions of the document

Frederick

District Court, E.D. Louisiana · Nov 20, 2025

Whether an individual qualifies as a “borrowed employee” is an issue of law determined by nine separate factors first delineated by the Fifth Circuit in Ruiz v. Shell Oil Co. … Compensation Statute.18 “Both federal and Louisiana law use the same criteria for determining whether an employee is a borrowed employee.”19 Further, the GSA clearly

Margaret S. v. Treen

597 F. Supp. 636 · District Court, E.D. Louisiana · Jun 29, 1984

Clearly, as was established at the trial of this matter, as well as in Margaret S (I), 488 F.Supp. at 194 n. 39, the risk of the pregnant woman’s health increases with each week of delay. … At trial, he was qualified as an expert on pathology and genetics. Dr.

Dempster v. Lamorak Insurance Company

District Court, E.D. Louisiana · Sep 16, 2020

Joyce’s employment with Avondale.21 Plaintiffs assert that the Avondale Interests will attempt to establish that Avondale had government air samples for asbestos in the 1960s and early 1970s, and the samples taken were … Pursuant to Federal Rule of Evidence 702, a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion if: (a) the expert’s scientific, technical

Dalrymple v. United States Postal Service

District Court, E.D. Louisiana · Mar 11, 2021

He does not explain, for example, how his software is programmed or establish that it would yield correct results. … Defendant’s Liability The FTCA constitutes a “limited waiver of sovereign immunity, making the Federal Government liable to the same extent as a private party for certain torts

Southeast Louisiana Building & Construction Trades Council v. Louisiana ex rel. Jindal

107 F. Supp. 3d 584 · District Court, E.D. Louisiana · May 27, 2015

When it is not clearly protected but it is “arguably” protected, an inflexible application of preemption is avoided. Id. at 245 , 79 S.Ct. 773 . … Contractors Ass’n, 678 F.3d at 191-92 (2d Cir.2012) ("It cannot be correct that to qualify for the exception, the City must show that its contracts are maximally efficient.

US EX REL. BRANCH CONSULTANTS, LLC v. Allstate Ins. Co.

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.