Case law

Lopez v. McDermott, Inc

District Court, E.D. Louisiana · Jul 13, 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, Fishers’ 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

Otto Candies, LLC v. United States

288 F. Supp. 2d 730 · District Court, E.D. Louisiana · Jun 12, 2003

Reg. § 1.537 — 1(b)(1) further provides that in order to qualify as a reasonably anticipated business need, a corporation must have specific, definite, and feasible plans for the use of the accumulation. … A thorough review of the evidence and testimony presented at trial clearly establishes that OCI and CTI were not “formed or availed of for the purpose of avoiding the income tax” with respect to their shareholders “by permitting

Singleton v. United States

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

These activities clearly exceed the light duty physical capabilities of Plaintiff. 119. … The Court finds that Plaintiff has clearly and reliably established the capacity to earn into the future at least $152,236.32 annually but for his injury and light duty restriction, and this figure is appropriate

Jones Company v. Signature Flight Support, LLC, et al.

District Court, E.D. Louisiana · Apr 7, 2026

First, unlike Smith, plaintiff has both pleaded facts alleging gross negligence59 and an applicable statute, Article 2004, clearly articulates plaintiff’s right to relief for damages from gross negligence. … has previously ruled that the statutes that Everett cites61 as providing the sole causes of action for gross negligence in Louisiana “are not causes of actions unto themselves,” they “merely enhance damages” or limit immunity

O'Donnell v. Century Surety Company

District Court, E.D. Louisiana · May 3, 2022

Upon arriving at the bar, plaintiff and Walley noticed that the establishment was closed. Rec. Doc. 1. … First and foremost, plaintiff alleged several acts qualifying as an assault and/or battery.

Autin v. Louisiana Department of Public Safety and Corrections

District Court, E.D. Louisiana · Mar 31, 2021

Nonetheless, plaintiff argues that even if official capacity claims were raised to the extent that the defendants are claiming Eleventh Amendment immunity, they effectively waived immunity when … To state a Section 1983 claim against a government official in his personal capacity, the claimant must establish that “the defendant was either personally involved in the deprivation or that

Muriel's New Orleans, LLC v. State Farm Fire and Casualty Company

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

By contrast, anti-concurrent causation clauses are clearly recognized by Louisiana law. 155 Rec. … insurer denied coverage for losses incurred during a mandatory evacuation of New Orleans in anticipation of Hurricane Gustav.168 The plaintiffs argued on appeal that the damage Hurricane Gustav caused in the Caribbean qualified

Rodgers v. Gusman

District Court, E.D. Louisiana · Jul 24, 2019

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.77 … Therefore, Plaintiff clearly presents these statements to show what Decedent believed induced his physical condition––the alleged beating and stabbing.

Stennis v. The Moorings of Oak Harbor Property Owners' Association LLC

District Court, E.D. Louisiana · Sep 17, 2024

Military Dept. of Miss., 597 F.3d 678, 687 (5th Cir. 2010) (“The ‘language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or . . . class-based, … , a plaintiff “must establish (1) that the conduct of the . . .

Source Production & Equipment Co., Inc. v. Schehr

District Court, E.D. Louisiana · Sep 30, 2019

To that end, “[t]he identification must clearly refer to trade secret material.” Dow Chem. Can. Inc. v. HRD Corp., 909 F. Supp. 2d 340, 346 (D. Del. 2012) (citing Imax, 152 F.3d at 1167). … Existence of Trade Secrets – Secrecy Information qualifies as a trade secret only if it is secret. 18 U.S.C. § 1839(3); La. R.S. 51:1431(4).

Smith v. Astrue

914 F. Supp. 2d 764 · District Court, E.D. Louisiana · Aug 31, 2012

If the analysis reaches the fifth step, the ALJ may establish that other work is available that the claimant can perform by relying on expert vocational testimony or other similar evidence to establish that such jobs exist … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 , 110 S.Ct. 885, 891 , 107 L.Ed.2d 967 (1990)(foot-note omitted).

Hignell v. City of New Orleans

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

That broad authority is clearly within the purview of municipalities seeking to regulate STRs and other uses of residences. … Therefore, Marquart neither qualified for nor needed a permit issued pursuant to the consent order. The new STR ordinances set July 1, 2023 as the effective implementation date. See Rec. Doc. 170-4 at 23 § 14.

Pittman Assets MSSC, LLC v. Scottsdale Insurance Company

District Court, E.D. Louisiana · Dec 2, 2024

a meeting of the minds between the parties as to what they intended when the compromise was reached.”31 A valid compromise must also “be made in writing or recited in open court.”32 “Emails can qualify … In its Response to the instant motion, Plaintiff states clearly that it does not seek to relitigate Scottsdale’s actions pre- settlement.

Lefkowitz v. Administrators of the Tulane Educational Fund

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

First, plaintiff failed to allege what qualified disability she suffers from. … A claim for false arrest or false imprisonment under Louisiana law requires a plaintiff to establish both: (1) proof of restraint; and (2) lack of legal authority. Grant v. Gusman, No.

In Re Babcock & Wilcox Co.

425 B.R. 266 · District Court, E.D. Louisiana · Feb 22, 2010

It does so by establishing a procedure for the parties to discover environmental problems before closing and apportion liability for them. Id. … In M & M Realty, Co., *283 the Third Circuit concluded that, under Pennsylvania Law, allocation of CERCLA liability is not possible without “explicit language of indemnification, clearly manifesting the parties’ intent to

Lee v. J.M. Property Holdings, LLC

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

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. … in contempt for failing to respond to Plaintiff’s interrogatories or requests for production.107 The Magistrate Judge denied the motion for contempt and ordered Mai to provide discovery responses by July 25, 2022.108 Clearly

Lawrence v. Southeast Louisiana Legal Services Corporation

District Court, E.D. Louisiana · Feb 4, 2021

But not every single deadline is set during a Scheduling Conference, and by January 5, 2021—well before the January 18, 2021 deadline for filing amended pleadings—Plaintiff clearly had access to the Scheduling Order, as … To state a Rehabilitation Act claim, a Plaintiff must allege that “(1) the plaintiff is an individual with a disability under the Rehabilitation Act; (2) the plaintiff is otherwise qualified for participation in the program

Marshall v. Webre

District Court, E.D. Louisiana · Sep 13, 2023

To possess such capacity under Louisiana law, an entity must qualify as a “juridical person,” which is “an entity to which the law attributes personality, such as a corporation or partnership.” La. Civ. Code art. 24. … municipal liability in an episodic-act case, a plaintiff must show ‘(1) that the municipal employee violated [the pretrial detainee's] clearly established constitutional rights with subjective deliberate indifference

Bailey v. Board of Commissioners of the Louisiana Stadium and Exposition District

District Court, E.D. Louisiana · Dec 13, 2019

2016, two years before this lawsuit was filed.33 SMG contends that Plaintiff’s claims accrued when he became aware of the accessibility issues in 2011 and 2016 respectively.34 According to SMG, because the ADA does not establish … claim.”79 Here, the document attached to the instant motion, the Stadium Agreement, is referenced by Plaintiff in the complaint and is central to Plaintiff’s claim regarding who qualifies

Clark v. PHI, Inc.

33 F. Supp. 3d 700 · District Court, E.D. Louisiana · Jul 16, 2014

to install and, pilots to be on the lookout for, a visual warning in the case of “large scale” or “high volume” venting. 180 The 13 cubic feet of gas released automatically by the MP61A’s number one compressor does not qualify … The current policy of forbidding pilots to fly anywhere near the vent boom is clearly preferable and apparently sufficient to prevent accidents, if properly followed.