Case law

Rijos v. Sanare Energy Partners, LLC

District Court, E.D. Louisiana · Jun 18, 2025

It is enough to qualify as an “operation” if “offshore facilities were erected on the OCS, they were used to transport minerals in the past, they may be used to transport minerals in the future, and they will … Rijos also argues that “his legal rights arising from his purely maritime accident should not be limited or otherwise thwarted” by the exercise of OCSLA jurisdiction.34 But Rijos does not clearly identify those

P.A. v. Voitier

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

Defendants respond that plaintiffs have failed to establish the relevance of their request. … They argue that earlier communications will help establish a pattern and practice.

Scott v. Crosby Energy Services

District Court, E.D. Louisiana · Mar 9, 2020

The ADA prohibits an employer from discriminating against a “qualified individual with a disability on the basis of that disability.” 42 U.S.C. § 12112(a). … “To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; [and] (3) that he was subject to an adverse employment decision

Soileau & Associates, LLC v. Louisiana Health Service & Indemnity Company

District Court, E.D. Louisiana · Sep 19, 2019

medical treatment.104 As such, the Court finds that Plaintiffs’ state law claims clearly “relate to” the ERISA plan at issue in this case. … That clearly cannot be allowed . . . .”106 For the same reasons, the Court finds that the state law claims are preempted as to Soileau & Associates, LLC. E.

Blythe v. Offshore Service Vessels, L.L.C.

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

discretion is further bounded by the Fifth Circuit’s instruction that reconsideration is “an extraordinary remedy that should be used sparingly,”53 with relief being warranted only when the basis for relief is “clearly … 11 evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Sheila Rogers, et al. v. Orleans Parish Sheriff Office, et al.

District Court, E.D. Louisiana · Dec 30, 2025

Jan. 15, 2021) (noting that, “[a]lthough some of [Rogers’s] medical records are clearly relevant and discoverable, all of her medical records are not” and court orders authorizing the release of private health information … Dist., No. 15-1019, 2016 WL 11214437, at *1, *4-5 (overruling relevance objections to requests for production of all documents pertaining to medical conditions that plaintiff contends qualify her for accommodations under

Tran

District Court, E.D. Louisiana · Feb 4, 2026

liabilities.”35 “It is a well-established rule of trial procedure that a district court may reconsider and reverse a previous interlocutory order at its discretion.”36 Unlike the high burden placed on parties … two essential elements of a § 1983 claim are: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities

Henry v. Maxum Indemnity Company

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

The litigation settled, and the Economic and Property Damages Settlement Class (“BP Class”) was established. … Of relevance here, it included a requirement that “anyone who qualifies as an insured under the Maxum Policy” be released, that the release “include a no admission of liability provision,” that the release include “standard

Donahue v. Republic National Distributing Company, LLC

District Court, E.D. Louisiana · Sep 24, 2020

The Subcontract, a written agreement, clearly obligates Makar to include Steele as an additional insured on its Comprehensive General Liability policy. … clearly contrary to the plain language of the contract.

Sunglory Maritime, Ltd. v. PHI, Inc.

212 F. Supp. 3d 618 · District Court, E.D. Louisiana · Sep 9, 2016

However, Plaintiffs also seek a reward for maritime “salvage” under the general maritime law and the Salvage Convention. 6 As the owners of the vessel upon which the helicopter made its landing, Plaintiffs contend that they qualify … Traditionally, “life salvage,” as established by the Life Salvage Act, means that a salvor of human life who has, while others have participated in traditional salvage services aimed at saving property, foregone his opportunity

Shallow Water Equipment L.L.C. v. Pontchartrain Partners, L.L.C.

District Court, E.D. Louisiana · Aug 30, 2022

While not clearly detectible from a cursory inspection on the deck of the vessel, the damage was clearly visible from a more thorough inspection below deck. … understanding for interpreting their expressions and other conduct”); then citing Restatement of Contracts § 223(2) (“Unless otherwise agreed, a course of dealing between the parties gives meaning to or supplements or qualifies

Davis v. City of New Orleans

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

pattern of similar violations arising from a policy so clearly inadequate as to be obviously likely to result in a constitutional violation.’”49 “In Connick v. … “Mere negligence, even gross negligence, is not sufficient to establish deliberate indifference.” Covington, 812 F.

Cantium, LLC v. FDF Energy Services, LLC

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

This is clearly a maritime contract just as it was in Earnest. … There is no qualifying language or ambiguity in this provision.

Design Precast & Pipe, Inc. v. Brown Industrial Construction, LLC

District Court, E.D. Louisiana · Mar 31, 2023

Statute This Court first looks to the Mississippi long-arm statute which provides: Any nonresident person, firm, general or limited partnership, or any foreign or other corporation not qualified … Therefore, the language in the forum-selection clause is clearly mandatory.

In Re Vioxx Products Liability Litigation

802 F. Supp. 2d 740 · District Court, E.D. Louisiana · Aug 9, 2011

Claimants who qualified for the program were assigned points based on objective risk factors and the nature and extent of their injury, and were entitled to similar review of those calculations. … On the other hand, the settlement agreement clearly provides that the Garza case is not part of the settlement program.

Carroll v. Genesis Marine, LLC

District Court, E.D. Louisiana · May 5, 2021

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. Martin v. John W. … 2 the plaintiff must first establish that he was objectively within the zone of danger. One aspect of this objective determination is the plaintiff’s proximity to the danger.

Torres-Lugo v. BP Exploration & Production, Inc.

District Court, E.D. Louisiana · Jul 18, 2022

Put simply and clearly, absent agreement, a party who for one reason or another does not wish to comply with a notice of deposition must seek a New England Carppreontteecrtsi Hvee aolrtdhe Br.e nefits Fund v. … BP is now– and for years has been –in possession of documents that readily identify other witnesses qualified to testify as corporate deponents on these topics. Perhaps the appropriate person is Dr.

Gonsoulin v. Beta USA, Inc.

District Court, E.D. Louisiana · Jul 31, 2025

The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products.” La. Rev. Stat. Ann. 9:2800.52. … ANALYSIS Beta USA and Apollo’s motions raise various issues that this Court must address: (1) whether Gonsoulin’s testing of the Beta Explorer prior to his accident qualifies

McIntosh v. Goings

District Court, E.D. Louisiana · Apr 12, 2022

Humphrey, 512 U.S. 477 (1994), bars McIntosh’s claims.3 Alternatively, they argue that the defendants are entitled to qualified immunity.4 The Court concludes that Heck bars McIntosh’s claims for the reasons stated below … The party responding to the motion for summary judgment may not rest upon the pleadings but must identify specific facts that establish a genuine issue. See Anderson, 477 U.S. at 248.

McKinley

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

Courts have found that “lodging an internal complaint that explicitly alleges discrimination or harassment based on a protected characteristic…qualifies as a protected activity” while “an internal complaint that does … See Bracken, 2021 WL 237693, at *9 (stating that “the Court will not consider any evidence submitted that was not clearly part of the EEOC investigation file.”).