Case law

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,

Keller v. United States

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

Plaintiff alleges that, “[t]he subsequent incidents amplify, clarify and more clearly focus the early events described by Keller in her EEO complaint.” Id. at 11. … To establish a prima facie disparate treatment claim a plaintiff must establish: (1) he is a member of a protected class, (2) he was qualified for the position at issue, (3) he was the subject of an adverse employment

United States v. Hardy

762 F. Supp. 2d 849 · District Court, E.D. Louisiana · Nov 24, 2010

Her testimony establishes that he does. Dr. … Their testimony clearly indicates that he should have been. III.

Okeke v. Administrators of the Tulane Educational Fund

District Court, E.D. Louisiana · Jun 26, 2021

Dennar are physicians—not statisticians—and they are not qualified to make these data analyses and data comparisons on their own. Plaintiff and Dr. … employment practice, and failed to provide evidence of a disparate effect, Plaintiff clearly cannot prove a causal relationship between the two.87 Even considering the facts alleged by Plaintiff to be true, Defendants

Miller v. Target Corporation of Minnesota

District Court, E.D. Louisiana · Apr 8, 2021

Miller’s listed damages in her state complaint do not establish that they were greater than the jurisdictional threshold. … Defendant argues without opposition that plaintiff’s settlement demand in the amount of $335,691 qualifies as an “other paper”, upon which defendant relied to remove the instant suit.

Heisler v. Kean Miller LLP

District Court, E.D. Louisiana · Dec 15, 2021

they existed at the time the challenged filing was signed by the lawyer or litigant.34 In light of the objective standard of reasonableness applied under Rule 11, an attorney’s subjective good faith is not enough to immunize … recorded in the public records “on October 26, 2019, in favor of REO, which did not exist at the time.”47 The complaint also alleges REO “is a Delaware Limited Liability Company created on November 25, 2019 in Delaware and qualified

Davies v. LeBlanc

District Court, E.D. Louisiana · Jun 12, 2020

Silberstein, however, argues the MLSSA’s exception does not apply to this case because Davies received treatment from Silberstein at a hospital outside the correctional facility and because Silberstein is not qualified … “Although defenses are generally not the proper subject of Rule 12(b)(6) motions, certain affirmative defenses that clearly appear on the face of the plaintiff's complaint— most commonly that the statute of limitations has

Gaddy v. Taylor-Seidenbach, Inc

District Court, E.D. Louisiana · Mar 4, 2020

[w]hen the verdict or judgment appears clearly contrary to the law and evidence.” La. Code Civ. P. 1972(1). … Susan Raterman was qualified and testified as an expert in the field of industrial hygiene.

Grand Isle Shipyards, Inc. v. Black Elk Offshore Operations, L.L.C.

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

was free from fault, and therefore is not entitled to its defense costs.”49 GIS proffers that because BEEOO settled the Tajonera case before the Court ruled on BEEOO’s negligence, BEEOO is now precluded from trying to establish … 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.106 101 Celotex, 477

Trailer Bridge, Inc. v. Louisiana International Marine LLC

District Court, E.D. Louisiana · May 9, 2025

The notice of liens against both the ATLANTA BRIDGE and the MEMPHIS BRIDGE state that the date the liens were established is January 16, 2021.70 23. … rate clearly envision that the towage services would necessitate both transit time and standby time.

Mexican Gulf Fishing Company v. U.S. Department of Commerce

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

Because the Fifth Circuit has not clearly ruled on this question, and 64 Wells v. Schweiker, 536 F.Supp. 1314, 1322 (E.D. La. … This alone is insufficient to establish inadequacy of representation.”); Wyatt By and Through Rawlins v. Poundstone, 169 F.R.D. 155 (M.D. Ala.

Richoux v. Chevron Oronite Company, LLC

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

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.”). … May 6, 2016) (additional facts stating husband was promoted though he was not as qualified directly related to plaintiff’s allegation that she was not promoted because of her gender), on reconsideration in part sub nom.

Ruello v. JP Morgan Chase Bank NA

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

But again, as I said, I don’t doubt that you sent it.”42 Clearly, counsel knew at this point that he was not receiving emails. The problem 39 R. … A motion to reconsider under Rule 59(e) “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.”

Grand Isle Shipyards, Inc. v. Black Elk Offshore Operations, L.L.C.

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

The court therefore found that the plaintiff had not established that it had sustained damages. … threshold to qualify as damage sustained by BEEOO and therefore must be excluded from BEEOO’s claim.”60 In response, BEEOO points out that GIS does not ask the Court to strike any specific items of damages, and

Bowman v. R. L. Young, Inc.

District Court, E.D. Louisiana · Jul 27, 2022

, 258 (stating that a noncompetition agreement must specifically name the parishes or municipalities in which the agreement is to have effect and that what is important is that the geographic limitation be express and clearly … Prior to a determination on the viability of either, the Court must again establish which state’s law applies to these claims.

River Parish Contractors, Inc. v. Black Diamond Capital Management L.L.C.

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

Accordingly, RPC filed this suit, asserting that Black Diamond’s oral representation, which ultimately was conveyed in some fashion to RPC, qualified as an unconditional promise to pay, and, in the alternative, that Black … Alton Davis’s deposition testimony clearly suggests such an understanding. (Deposition of Alton Davis, Rec.

Korndorffer v. USAA Casualty Insurance Company

District Court, E.D. Louisiana · Mar 3, 2023

Moreover, the nonmoving party may not rest upon mere allegations or denials in its pleadings.93 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify … Unlike in Best, where the insurance company initially denied coverage, here the undisputed facts establish that Defendant promptly sent Dishion to inspect the Property after Plaintiff submitted the Ida Claim

Collins v. Benton

District Court, E.D. Louisiana · Nov 12, 2021

Evidence 701, when a witness is not testifying as an expert, testimony in the form of an opinion is limited to an opinion that is: (a) rationally based on the witness’s perception; (b) helpful to clearly … App. 3 Cir. 3/2/05); 898 So. 2d 565). 87 Maricle, 898 So. 2d at 573 (“However, the defendants offered no evidence to establish that Ms.

Better Choice Foundation v. Orleans Parish School Board

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

contractual provisions, or mutually explicit understandings.”51 Additionally, property interests are not created by unilateral expectation: “To have a property interest in a benefit, a person clearly must have more than … It shall be the responsibility of the superintendent to ensure that all persons have proper certification, as applicable, and are qualified for the position.