Case law

Southern Pacific Transportation Co. v. Tug Capt. Vick

443 F. Supp. 722 · District Court, E.D. Louisiana · Dec 30, 1977

When the CAPTAIN VICK inquired about the CREOLE STAR’s position, Pilot Loupe responded with the ambiguous and clearly misleading statement that “I’ll be *735 ready to stick my nose in the bridge.” … The bridge owner’s violation of the statute renders the Pennsylvania rule applicable, establishing a strong presumption of liability that the bridge owner has not overcome.

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.

Dempster v. Lamorak Insurance Company

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

officer’s directions and a causal nexus exists between its actions under color of federal office and plaintiffs’ claims, and (3) Avondale has a colorable federal defense to Plaintiffs’ claims under the government contractor immunity … establish[ed].”76 Courts in the Eastern District of Louisiana have generally considered four factors in deciding motions for reconsideration under the Rule 59(e) standard: (1) the motion is necessary

Fuller v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not contest Plaintiff’s general causation report from Jerald Cook, M.D., (Rec.

Hill v. BP America Production Company

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not contest Plaintiff’s general causation report from Jerald Cook, M.D., (Rec.

Bengson v. BP America Production Company

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not contest Plaintiff’s general causation report from Jerald Cook, M.D., (Rec.

Brister v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not contest Plaintiff’s general causation report from Jerald Cook, M.D., (Rec.

Moorere v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … knowledge of lay people’ and for which expert testimony was not necessary to establish causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not

Stewart v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … knowledge of lay people’ and for which expert testimony was not necessary to establish causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not

Swanier v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … knowledge of lay people’ and for which expert testimony was not necessary to establish causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not

Maurras v. BP Exploration & Production Inc

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … knowledge of lay people’ and for which expert testimony was not necessary to establish causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not

Tebbs v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not contest Plaintiff’s general causation report from Jerald Cook, M.D., (Rec.

Police Association of New Orleans v. New Orleans City

District Court, E.D. Louisiana · Jul 22, 2022

“Personal animosity of an immediate supervisor is clearly a non-merit factor.” Bell v. Dep’t of Health & Hum. … The Composite Score is based on clearly defined values.

Firefighters Pension & Relief Fund v. Bulmahn

53 F. Supp. 3d 882 · District Court, E.D. Louisiana · Sep 26, 2014

A plaintiff may establish reliance without proving that he read the registration statement, however. Id. … It does not affect the standard for what actually qualifies as solicitation. See In re Harmonic, Inc., Sec. Litig., No. 00-2287, 2006 WL 3591148 , at *14 (N.D.Cal.

Lee v. BP Exploration & Production, Inc.

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

Evid. 702,35 and the burden rests with the party seeking to present the testimony to show that the requirements of Rule 702 are met.36 Rule 702 provides that an expert witness “qualified . . . … knowledge of lay people’ and for which expert testimony was not necessary to establish causation.”98 The order relied on by Plaintiff very clearly states, “[b]ecause BP, for purposes of this motion, does not

Goosehead Insurance Agency, LLC v. Guillory

District Court, E.D. Louisiana · May 14, 2025

Jan. 5, 2016) (requiring plaintiff to “confirm that the requested information does not exist”); see also Callais, 2018 WL 6517446, at *7 (ordering qualified representative to provide a sworn certification that no responsive … withheld are improper.38 Responses must also clearly state whether any responsive materials are being withheld and the specific basis for objecting and not producing same.39 Courts throughout the country have long

World War II Theatre, Inc v. Desimone Consulting Engineering Group, LLC

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

LEGAL STANDARD Federal Rule of Evidence 702 provides that a witness who is qualified as an expert may testify if: (1) the expert’s “specialized knowledge will help the trier of fact … This does not establish that Pearson’s testimony is inadmissible but only that there is a credibility question, which is the province of the jury. Accordingly, Defendants’ motion will be denied. II.

POSH Saudi Co.LTD. v. Dynamic Industries, Inc.

District Court, E.D. Louisiana · Mar 29, 2022

Louisiana Civil Code article 3540 provides conventional obligations “are governed by the law expressly chosen or clearly relied upon by the parties, except to the extent that law contravenes the public policy of the state … which courts have repeatedly noted to be fair in international transactions.28 Dynamic Industries has not met its burden of establishing Louisiana law would be applicable under article 3537, and, as a result, has not established

Venture Global Gator Express, LLC v. Land

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

The option was for ESP Louisiana to acquire rights to the Property to restore it as required to qualify as a mitigation bank and thus obtain mitigation credits. Id. at 8. … However, because a preliminary injunction is an extraordinary remedy, it “should not be granted unless the party seeking it has clearly carried the burden of persuasion on all four requirements.”

Walling v. Paramount-Richards Theatres, Inc.

61 F. Supp. 290 · District Court, E.D. Louisiana · Jun 16, 1945

All facts hereinafter set forth, except when expressly qualified, relate to the entire period involved in the above-styled cause. “II. … On the face of the record in this present cause, it is clearly apparent that defendant, as respects its operations in and from its central executive, administrative and supply offices is not “plainly and unmistakably” within