Case law

Conrad Shipyard, LLC v. Franco Marine 1, LLC

District Court, E.D. Louisiana · Jan 3, 2020

Secondly, even if the contacts are attributable to Franco personally, it must be established that said contacts are sufficient to establish personal jurisdiction. … A weighing of the public and private factors in this case does not favor Franco enough to qualify as a “rare circumstance” and thereby invoke forum not conveniens. The private factors militate against dismissal.

Muller v. Bonefish Grill, LLC

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

Plaintiff argues that, even if the Court finds that the page qualifies as work product, the page should nonetheless be produced.18 The Court’s in camera review of page one reveals that plaintiff has no substantial need … The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for resolution.

Mixon v. Pohlmann

District Court, E.D. Louisiana · Jul 25, 2022

Plaintiffs allege (1) Defendant, as well as other defendants, violated Mixon’s clearly established constitutional rights to be “reasonably safe and secure while in detention,” to have access to “reasonable and adequate … “To state a claim under § 1983, a plaintiff must . . . show[] that a person, acting under color of state law, deprived the plaintiff of a right, privilege or immunity secured by the Constitution or the laws of the United

Guidry v. Dow Chemical Company

District Court, E.D. Louisiana · Sep 29, 2021

Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible at trial do not qualify as competent opposing evidence. Fed. R. Civ. … The court therein held that “medical expert testimony is not required to establish causation for temporary pain and suffering.” Id. at 366.

Ictech-Bendeck v. Waste Connections Bayou, Inc.

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

representative.”35 “Excluded from the work-product doctrine are materials assembled in the ordinary course of business.”36 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.37 “Rule 26(b)(3) protects documents prepared by a party’s agent from discovery, as long as they were prepared in anticipation of litigation

Addison v. Louisiana Regional Landfill Company

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

representative.”35 “Excluded from the work-product doctrine are materials assembled in the ordinary course of business.”36 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.37 “Rule 26(b)(3) protects documents prepared by a party’s agent from discovery, as long as they were prepared in anticipation of litigation

Gremillion v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Jul 3, 2025

Mar. 20, 1996) (cleaned up)); see also EEOC, 876 F.3d at 697 (“[T]he log must as to each document . . . set forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that … After careful review of the log entries relevant to this topic area, the Court finds that the Order is not clearly erroneous.

Burton v. Landry

District Court, E.D. Louisiana · May 21, 2021

He has not established any basis for statutory or equitable tolling. … He clearly has not made a colorable showing that he is actually innocent in light of “new reliable evidence.”

Adoue v. UNUM Life Insurance Company of America

District Court, E.D. Louisiana · Aug 19, 2020

June 18, 2013) (“qualifying for a monetary bonus, or other employee incentive, because of the manner in which defendant’s employees respond to a claim, is certainly relevant to a bad faith claim.”). … The Defendant reiterates that because the information thus far produced clearly establishes that there is no financial incentive for employees to deny claims, the interest in individual employees’ privacy clearly outweighs

Holliday v. Gusman, Sheriff Orleans Parish

District Court, E.D. Louisiana · Nov 18, 2021

§ 1630.2(j)(1)(vii), Holliday argues that a sporadic manifestation of disability can qualify as a disability under the ADA. … [Blake] Arcuri [counsel for the OPSO] clearly regarded Mr. Holliday as disabled because he unilaterally paused all disciplinary proceedings against Mr.

Dufrene v. Hospitality Enterprises, Inc.

District Court, E.D. Louisiana · Mar 3, 2021

The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for resolution. … Both Stewart and Lozman involved a determination of whether an unconventional watercraft that is engaged in its intended use on the water qualifies as a vessel.

Mardi Gras World, L.L.C. v. Marquette Transportation Company Gulf-Inland, LLC

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

The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for resolution. … Similarly, the lease qualifies Mardi Gras World’s ability to use the wharf as a berthing facility.

Herbert v. St James Parish School Board

District Court, E.D. Louisiana · Jun 16, 2025

A movant seeking a preliminary injunction must establish (1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury if the injunction is not granted; (3) that the threatened injury … “A preliminary injunction is an extraordinary remedy which courts grant only if the movant has clearly carried the burden as to all four elements.” Guy Carpenter & Co. v.

Padgett v. Social Security Administration

District Court, E.D. Louisiana · Dec 4, 2023

However, the Fifth Circuit held that “the ALJ clearly explained the shortcomingsI”d .in the evidence by delineating evidence that contradicted Plaintiff’s conclusions. … At step four of the sequential evaluation process, the ALJ concluded that Plaintiff performed past relevant work as a collection clerk at earnings sufficiently high enough to qualify such performance as substantial gainful

Harrison v. Vici Properties, Inc.

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

that she has failed to plead facts sufficient to withstand a motion to dismiss, and instead relies exclusively on conclusory allegations to support her claims.24 Plaintiff opposes the motion, asserting that she has “clearly … on the basis of sex or race.28 The Court finds that Harrah’s, which includes a casino, hotel, and restaurant, all of which supply goods and service to the general public and accept patronage from the general public, qualifies

Harris

District Court, E.D. Louisiana · Aug 6, 2026

to the EEOC when the litigant vigorously pursues her rights and the defendant is not prejudiced.37 Plaintiff does not contend that the EEOC overtly misled her,38 and the other two circumstances are clearly … establish a prima facie case by carrying her summary judgment burden to show genuine disputes of material fact over whether she (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was

Akeem v. Dasmen Residential, LLC

District Court, E.D. Louisiana · Aug 10, 2021

environment which amounts to an intentional tort because Dasmen chose to disregard the law.30 Therefore, the employee Plaintiffs say, their tort claim falls under the “intentional act” exception of the LWCA and Dasmen is not immune … Plaintiffs clearly misread Claborne, which explicitly states that the regulation does not confer a private right of action. 165 So. 3d at 286.

Hynes v. Lakefront Management Authority

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

The court determined that the suspicions of the employees were “clearly not arbitrary” because the bill did not resemble modern currency. Id. … They then argue that even if Martin’s letter contained defamatory statements, a qualified conditional privilege applies.

Lacoste Aviation, LLC v. StarStone National Insurance Company

District Court, E.D. Louisiana · Feb 28, 2024

However, it fails to explain what qualifies as “recorded.” StarStone asserts that the policy requires a record that clearly shows the when, where, and how of the incident causing the damage. … Co. of La., 753 So. 2d 170, 174 (La. 1/19/00).16 To prove that it is entitled to penalties, the insured must establish the following: (1) the insurer received satisfactory proof of loss;17 (2) the insurer failed to pay

Brandt v. CNS Corporation

District Court, E.D. Louisiana · Oct 15, 2024

While the Court, and the parties, concede that the parties in the instant case qualify as “identical parties” for the purposes of res judicata, it cannot be said that they are the original parties bound by the Dickerson … arbitration clause, (2) the distinguishing features of the arbitration clause, (3) the mutuality of the arbitration clause, and (4) the relative bargaining strength of the parties.”57 The court “effectively established