Case law

Norris

District Court, E.D. Louisiana · Jun 8, 2026

due process claims are against the Magnolia Water defendants and are proper because she is alleging “joint action between Magnolia and state regulators.”89 “A private entity can qualify … [a]rbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion[.]” § 49:978.1(G)(5).

Military Road Revitalization Company, LLC v. St. Tammany Parish Government

District Court, E.D. Louisiana · Aug 14, 2024

The Rehabilitation, Comprehensive Services, and Developmental Disabilities Act states that qualified individuals with a disability shall not “solely by reason of her or his disability, be excluded from the participation … Using this approach, “[l]iability may be established under the Fair Housing Act . . . even if the practice was not motivated by a discriminatory intent.” 4 C.F.R. § 100.500.

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

Akins v. Worley Catastrophe Response, LLC

921 F. Supp. 2d 593 · District Court, E.D. Louisiana · Feb 4, 2013

Plaintiffs “offered [no] allegations that would permit the court to determine how they believe the multitude of named defendants could all qualify as employers under the FLSA.” … The decision actually said "section 213,” but this is clearly a typographical error.

Pittman v. Social Security Administration

District Court, E.D. Louisiana · Jan 7, 2022

Pittman’s past work as a cashier had not been long enough to qualify as past relevant work. R. at 89. do full time work. R. at 92. … did “not clearly establish the effect Ripley’s condition had on his ability to work. 67 F.3d at 557.

Parr v. Yachtinsure, LTD

District Court, E.D. Louisiana · Feb 26, 2025

Defendant’s Arguments in Further Support of the Motion According to Defendant, the insurance policy clearly states that compliance with all warranties, including crew composition, is essential to the vessel … Cassella.57 Defendant avers the insurance policy authorizes navigation up to 250 miles offshore and within the Atlantic Ocean, which qualifies the vessel as ocean-going.58 D.

Constanza

District Court, E.D. Louisiana · Feb 13, 2026

employment.162 An executive officer can be sued in tort for his own fault based on acts, omissions, or neglects occurring before the effective date of Act 147 of 1976, which amended the workers’ compensation law to extend tort immunity … However, there are clearly genuine disputes of material fact regarding Mr. Carter’s safety responsibilities. Therefore, summary judgment is denied as to Mr. Carter’s liability. Turning to the next individual, C.

Badeaux v. Eymard Brothers Towing Company, Inc.

District Court, E.D. Louisiana · Oct 19, 2021

The party offering the testimony bears the burden of establishing its reliability by a preponderance of the evidence. See Moore v. Ashland Chem. Inc., 151 F.3d 269, 276 (5th Cir. 1998). … Lerille shortly after Captain Badeaux fell, it clearly shows his work shores/boots had heavily worn soles as no treads were visible at all and paint was evident on the soles.

Deutsche Shell Tanker-Gesellschaft mbH v. Placid Refining Co.

767 F. Supp. 762 · District Court, E.D. Louisiana · Jul 8, 1991

He qualified his statement, however, by adding that a technician may replace a T/R cell without evidence of damage if he knows that it has had over 5000 hours of use. See Tr. 111:81-82. … Finally, even considering the possible request in January 1980 for an antenna overhaul, 9 the service reports for the February 1980 drydocking do not clearly indicate that either antenna was in fact taken down and overhauled

Central Boat Rentals, Inc. v. Harbor Dredging, Inc., et al.

District Court, E.D. Louisiana · Feb 27, 2026

Furthermore, no material issues of fact are at issue, the grounds for default are clearly established, the default was not caused by a good faith mistake or excusable neglect, there has been no submission concerning the … Foremost, Stolt has demonstrated that the grounds for default are clearly established.

In re Pool Products Distribution Market Antitrust Litigation

940 F. Supp. 2d 367 · District Court, E.D. Louisiana · Apr 11, 2013

5th Cir.2010). *378 Where the plaintiff fails to define its proposed relevant market with reference to the rule of reasonable interchangeability and cross-elasticity of demand, or alleges a proposed relevant market that clearly … Vertical restrictions limiting competitors access to supplies have sometimes, but not always, qualified as exclusionary conduct to which Section 2 of the Sherman Act applies. See W. Penn Allegheny Health Sys., Inc. v.

Kirkpatrick v. Blackburn

597 F. Supp. 1562 · District Court, E.D. Louisiana · Dec 3, 1984

Kirkpatrick has not demonstrated the prejudice necessary to establish a claim of ineffective assistance of counsel. B. … Most recently, these challenges to Louisiana’s use of Witherspoon death-qualified juries were presented to the Fifth Circuit in Knighton v.

Gregoire v. Enterprise Marine Services, LLC

38 F. Supp. 3d 749 · District Court, E.D. Louisiana · Aug 6, 2014

of jurisdiction in part recognized the need for uniformity in maritime law as it was thought of as part of “the law of nations” and affected foreign commerce. 7 But the drafters also added the “saving to suitors” clause, qualifying … In Barker , the Fifth Circuit clearly stated that, “even though federal courts have original jurisdiction over maritime claims under 28 U.S.C. § 1333 , they do not have removal jurisdiction over maritime cases which are brought

Nogess v. Housing Authority of Jefferson Parish

District Court, E.D. Louisiana · Oct 31, 2019

If the monthly rent of their unit exceeds the established “payment standard,” tenants must also pay the amount by which their rent exceeds that payment standard.3 42 U.S.C. § 1437f(o)(2)(B). … The payment standard is established pursuant to 42 U.S.C. § 1437f(o)(1)(B). 4 R. Doc.

Jackson v. Chalmette Refining, L.L.C.

District Court, E.D. Louisiana · Jul 7, 2023

Amoco Production Co., 794 F.2d 967, 970 (5th Cir. 1986) (“[A] claim may also be dismissed if a successful affirmative defense appears clearly on the face of the pleadings.”). 4 See, e.g., Tellabs, Inc. v. … Co., 687 F.2d 74 (5th Cir.1982) (form EEOC employee completed during intake interview qualified as charge), Conner v. La. Dep’t of Health & Hosps., 247 F.

Monteleone

District Court, E.D. Louisiana · May 21, 2026

flaw in the home’s ventilation system.25 Katie, William, G.M., and D.M., as the occupants of the home, allege that toxic mold exposure has caused them to suffer various health problems, including, but not limited to, immune … Indeed, the BDRA itself advises the buyer to seek legal counsel if concerned about the rights and obligations established by the agreement.

Lopez v. McDermott, Inc

District Court, E.D. Louisiana · Jul 6, 2020

Lopez is deceased, and his prior testimony was given under oath; accordingly, he undisputedly qualifies as an unavailable declarant. His deposition testimony, if offered to prove that Mr. … Additionally, Crosby’s counsel suggested at oral argument that John Crane was clearly not similarly motivated because John Crane’s attorney focused the majority of his questioning on exposure to gaskets and packing

Hamm v. Acadia Healthcare Company, Inc.

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

at the time the challenged filing was signed by the lawyer or litigant.25 In light of the objective standard of reasonableness applied under Rule 11, an attorney's subjective good faith is not in itself sufficient to immunize … Clearly, Hamm was confused about the claims in this lawsuit, perhaps because of the dual track on which her claims are proceeding between this district and the Middle District of Tennessee.42 Hamm also consistently stated

Oubre v. Lewis

District Court, E.D. Louisiana · Mar 16, 2023

asserts that courts within the Fifth Circuit routinely deny motions to dismiss prior to granting leave to amend.53 Third, Plaintiff asserts that Lewis misstates the test for determining who qualifies … Further, granting Plaintiff an opportunity to amend the Complaint would be futile because Plaintiff's claims, if made against Lewis in her official capacity, would be barred by Eleventh Amendment sovereign immunity

Francis v. Social Security Administration

District Court, E.D. Louisiana · Mar 30, 2020

reading and writing.124 The evaluator found that A.B. exhibited “inadequate reading and math skills [and] a slow rate of learning and difficulty retaining the material previously taught.”125 The evaluator found that A.B. qualified … “is learning like a student with a disability.”208 The evaluator found that A.B. qualified “for the classification of Specific Learning Disability based on an academic deficit in the area[s] of basic reading,