Case law

Watson v. United States Postal Service

District Court, E.D. Louisiana · Apr 1, 2022

To establish a case of discrimination under the burden-shifting framework, “an employee must demonstrate that she ‘(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was … To establish a case of disparate treatment, a plaintiff must show that (1) she belongs to a protected group, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) aW saimtkiilnasr

Cole v. Oceaneering International, Inc.

District Court, E.D. Louisiana · Aug 22, 2023

Davis asserts that, “Fifth Circuit precedent establishes that medical malpractice claims are not maritime,”116 the language quoted by Dr. … science of medicine.’”144 The Adams court further held that, “In order to establish such malpractice, expert testimony is required to establish ‘the proper standard of medical care against which to measure the defendant

Breaux v. Reliance Standard Life Insurance Company

District Court, E.D. Louisiana · Oct 11, 2019

It is “well-established that the ‘deliberately expansive’ language of [Section 514(a)] . . . is a signal that it is to be construed extremely broadly.” Reliable Home Health Care, Inc. v. Union Cent. Ins. … Breaux’s state law claim clearly “relates to” an ERISA plan because this claim is specifically based on Reliance denying him Accidental Death and Dismemberment benefits.

Marquette Transportation Company Gulf-Inland, LLC v. Navigation Maritime Bulgarea

District Court, E.D. Louisiana · Jan 18, 2022

controversy, that is, when both parties have submitted evidence of contradictory facts.”65 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify … Notably, Johnson disputes that this testimony even demonstrates that he did not conduct a master-pilot exchange—clearly an issue for the jury to resolve. See Rec. Doc. 143 at 6. 87 Rec.

In re: In the Matter of Texas Petroleum Investment Company

District Court, E.D. Louisiana · Jul 31, 2026

It is in that context that Taylors contends that TPG has failed to state a claim for breach of contract, given that TPG was a non-signatory to the contract -and, that as a non- signatory it fails to qualify, under the … negligence, breach of contract or warranty, or fault’ of any party.”102 Taylors and Underwriters, in turn, argue that “TPG as a non-signatory to the MSA between TPIC and Taylors, who also fails to meet the requirements to qualify

Harrison v. Jefferson Parish School Board

District Court, E.D. Louisiana · Aug 2, 2021

Doc. 38-1 at 5–7 law to perform governmental functions.”76 Clearly, then, JPSB is a political subdivision of the State of Louisiana.77 JPSB does not dispute this, as it refers to itself in the counterclaim as “JPSB … Ass'n that “a political subdivision, created by a state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator.

Brown v. Jefferson Parish School Board

District Court, E.D. Louisiana · Aug 2, 2021

Doc. 38-1 at 5–7 law to perform governmental functions.”76 Clearly, then, JPSB is a political subdivision of the State of Louisiana.77 JPSB does not dispute this, as it refers to itself in the counterclaim as “JPSB … Ass'n that “a political subdivision, created by a state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator.

Tejeda v. Dixon

District Court, E.D. Louisiana · Sep 3, 2024

On August 24, 2020, which was several months prior to the accident, Dixon and Fifth Wheel Transportation, LLC became parties to a contractual agreement whereby Dixon had agreed to contract to Fifth Wheel the truck (and qualified … CorePointe has not established that the non-trucking use exclusion of its policy was triggered so as to preclude coverage.

Gonzalez v. Laine

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

Motions in limine Motions in limine are disfavored, but frequently made in the anticipation of excluding clearly inadmissible evidence at trial. Auenson v. … Doc. 29 and 30) dictates if the plaintiffs can establish the elements of a future medical expense claim. Currently, the plaintiffs have offered said chiropractors to support their claim.

Entergy New Orleans, LLC v. Magnolia Fleet, LLC

District Court, E.D. Louisiana · Sep 1, 2023

The nonmovant may not rest upon the pleadings but must identify specific facts that establish a genuine issue for resolution. … Moreover, the document is based upon U.K. standards and is clearly aimed towards the U.K. steel-piling industry.

Badon v. Berry's Reliable Resources, LLC

District Court, E.D. Louisiana · Jun 10, 2022

enunciated above by the Fifth Circuit, the Court now determines whether Plaintiffs qualify as employees under the FLSA. … The evidence in the record clearly supports that Defendants not only had the right to control the work of the Plaintiffs, but it actually did so.

Wightman v. Ameritas Life Insurance Corp.

District Court, E.D. Louisiana · Nov 26, 2019

the statute, “shall include but not be limited to,” is quite clearly illustrative as opposed to exclusive. See Pumphrey v. … There is no reason apparent to the Court, evident from the legislative history, or proffered by Defendants that PPOs should be immune from the requirements of the 40:2203.1 amendment when interacting with dentists but

Associated Industries Insurance Company v. Hingel Petroleum, LLC

District Court, E.D. Louisiana · Jan 12, 2024

These injuries “to his body” qualify as “bodily injury” as defined by the Policy. Plaintiff also asserts a claim of defamation in his state court petition. Doc. 49-3 at 7. … loss, claim or suit [arising out of any assault, battery, fight, altercation, misconduct or similar incident or act of violence].”60 As discussed supra, even accepting all of Martin’s allegations as true, his claims clearly

A.F. v. St. Tammany Parish School Board

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

Under the ADA, plaintiffs must prove: (1) that they have a qualifying disability; (2) that they are being denied benefits of services, programs, or activities for which the public entity is responsible; and (3) that such … his burden at the pleading stage as to his claims for substantive due process violations, nothing that it is obvious that public school teachers are acting under the color of state law and that the behavior alleged is clearly

Turner v. Department of Veterans Affairs

District Court, E.D. Louisiana · Aug 14, 2023

To establish a case of discrimination under the burden-shifting framework, “an employee must demonstrate that she ‘(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged … To establish a case of disparate treatment, a plaintiff must show that (1) she belongs to a protected group, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) aW saimtkiilnasr

Riley v. Cantrell

District Court, E.D. Louisiana · Mar 23, 2022

To be sure, “[t]he threshold for establishing a ‘substantial ground for difference of opinion’ is higher than mere disagreement or even the existence of some contrary authority.” Coates v. Brazoria Cnty., 919 F. … The first criterion, then, is clearly met.

Riley v. Cantrell

District Court, E.D. Louisiana · Jun 30, 2021

Riley to be uniquely qualified for the position; she stated that his “qualifications are undeniable.” Yet she rescinded his appointment. She expected that Mr. … “A contract is formed by the consent of the parties established through offer and acceptance.” La. Civ. Code art. 1927.

Ictech-Bendeck v. Waste Connections Bayou, Inc.

District Court, E.D. Louisiana · Aug 29, 2019

propinquity” between the properties of the neighbor and the proprietor.42 A mere “causal nexus” between the use of a property and harm to another is insufficient to make those properties “neighbors.”43 What qualifies … are not required in pleadings to prove a class is “currently and readily ascertainable based on objective criteria,” but “need only demonstrate—at some stage of the proceeding—that the class is adequately defined and clearly

Morris v. New Orleans City

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

close to suggesting that well-established distinction is no longer valid”) (quoting CTIA- The Wireless Ass’n v. … consistently held that “[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” City of Mesquite v.

Godfrey v. First Student

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

Plaintiff has not established that reconsideration of this Court’s August 28, 2024 decision is appropriate. B. … Plaintiff does not, however, address the basis for the dismissal of Plaintiff’s claims against the EEOC: sovereign immunity. As such, his requested amendment is futile.