Case law

Thomas Industrial & Mechanical Contractors, LLC v. Justice

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

“Good cause” exists when disclosure will result in a clearly defined and serious injury to the party seeking the protective order.16 The party seeking the protective order bears the burden of showing that a protective … Further, the Court agrees that Plaintiff seeks documents and information that would qualify as confidential or proprietary business and financial information of Defendants through other parties, and that disclosure of same

Aaron v. Illinois National Insurance Company

District Court, E.D. Louisiana · Nov 8, 2023

Tenth Circuit Court of Appeals agreed with the courts in Beach, Miller, and Lubin, explaining that “[i]f the Holding Company's claims are based on harm derivative of injuries to the Bank, then they qualify as claims of … (“We do not establish any broader principles, and future claims by holding companies and other shareholders of banks in FDIC receivership will need to be evaluated on their own terms.”).

Theriot v. Building Trades United Pension Trust Fund

District Court, E.D. Louisiana · Jul 17, 2019

“In order to qualify as a beneficiary, an individual must have a ‘reasonable or colorable claim to benefits.’” Feingerts, 2016 WL 2744812, at *7 (quoting Crawford v. … Hamann’s change form on April 4, 2017 when the benefits were clearly payable.

Lynch v. Fluor Federal Petroleum Operation, LLC

District Court, E.D. Louisiana · Sep 24, 2021

Moreover, the nonmoving party may not rest upon mere allegations or denials in its pleadings.111 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify … admissible evidence in the record,147 but the burden is one of production, not persuasion.148 Here, FFPO has clearly provided a legitimate, non-discriminatory reason for terminating Lynch—her role in the altercation with

Pillsbury Co. v. Midland Enterprises, Inc.

715 F. Supp. 738 · District Court, E.D. Louisiana · Jun 21, 1989

Lodewyck testified that the cell “clearly” had an expected useful life of 40 years and that his conclusion is corroborated by evidence that other cells at the facility are around 35 years old and still in fine working order … Second, by having qualified contractors respond to a detailed bid package, Pillsbury and Campbell Design followed the industry standard for best determining market costs on such items.

Young v. EAN Holdings, LLC

District Court, E.D. Louisiana · Jul 3, 2024

Defendants also note that footnote 1 in the Notice of Removal, filed on May 23, 2023, clearly states that the defendant’s correct name is “Lawrence Scott.” R. Doc. 48 at p. 1, n.1 (citing R. Doc. 1); R. … for failure to timely serve the defendants.80 If the plaintiff has established good cause, the court must extend the time for service for an appropriate period.81 If the plaintiff fails to establish good cause, the Court

Meador v. Starr Indemnity & Liability Insurance Company

District Court, E.D. Louisiana · Dec 1, 2020

of proof are the traditional and appropriate means of attacking shaky but admissible evidence.”37 The Court is not concerned with whether the opinion is correct but whether the preponderance of the evidence establishes … 2020 was produced to Plaintiffs on January 25, 2020.44 Rule 26 requires expert reports to contain “a complete statement of all opinions the witness will express and the basis and reasons for them.”45 The report does not clearly

Lynch v. Fluor Federal Petroleum Operation, LLC

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

18 evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify … Sclafani’s alleged conduct here, though inappropriate, is clearly less severe than the conduct in Paul, Gibson, and Hockman, and therefore is not sufficient to establish a hostile work environment under Fifth Circuit precedent

Smith v. Transocean Offshore USA, Inc.

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

Dietze, have indicated that Plaintiff’s complaints of neck pain are very likely related to the underlying accident.74 Plaintiff insists that he has diligently treated with qualified physicians since the accident, and the … Dietze “clearly establish” that “good cause absolutely exists to allow the supplementation” of his witness and exhibit lists past the Scheduling Order deadline “to allow for the admission of critical evidence concerning

Hyginus v. Ochsner Clinic LLC

District Court, E.D. Louisiana · Jul 23, 2025

Indeed, Hyginus’s Local Civil Rule 56.2 statement responds clearly and directly to just two of the 109 paragraphs of properly supported facts listed in Ochsner’s Local Civil Rule 56.1 statement.4 And even those two paragraphs … colleagues, a patient, and a patient’s family member.”115 Hyginus does not dispute that Daher’s stated reason for firing him is sufficiently “clear and reasonably specific” to qualify as a legitimate, nondiscriminatory

Whitney National Bank v. State Farm Fire & Casualty Co.

518 F. Supp. 359 · District Court, E.D. Louisiana · Jul 21, 1981

The language in MLB-100 which provides for application of the union or standard mortgage clause clearly states “Applicable to buildings only.” … VALUATION Subject to the provisions and st (ions of this policy, the following bases for valuation of property are established: A.

In Re: Board of Commissioners of the Port of New Orleans

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

HOGG, and the floating pipeline segments (referred to collectively as the “dredge unit”) all were engaged in the Board’s routine work of dredging the Mississippi River and qualify as a flotilla.30 Claimants argue … To be sure, the common ownership element is clearly met in this case as the vessels in question are owned by the Board.

Hardy v. Scandinavian Airlines System

District Court, E.D. Louisiana · Feb 6, 2025

satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified … Aug. 3, 2011) (Defendants were “clearly” entitled to relevant medical documentation where the plaintiff claimed significant damages, based largely upon physical injuries, and claiming to be facing “large medical expenses

Olsen Securities Corporation, Inc v. Certain Underwriters at Lloyd's London

District Court, E.D. Louisiana · May 12, 2025

The Advisory Committee Notes of 1946 state that “[t]he addition of the qualifying word ‘final’ emphasizes the character of judgement, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory … establish” that reconsideration is warranted.54 When there exists no independent reason for reconsideration other than mere disagreement with a prior order, reconsideration is a waste of Woman's Hosp. of Tex., 97

James v. Tangipahoa Parish

District Court, E.D. Louisiana · Dec 21, 2022

A party requesting a temporary restraining order or preliminary injunction must clearly show: (1) a substantial likelihood of success on the merits; (2) a substantial threat that failure to grant the injunction will result … It is well established that 42 U.S.C. § 1983 is an “expressly authorized exception” to the Anti-Injunction Act.113 “However, § 1983 does not ‘qualify in any way the principles of equity, comity, and federalism that must

Burchfield v. South Louisiana Medical Associates, A Professional Corporation

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

Maketa, 880 F.3d 533, 542 (10th Cir. 2018) (“[W]e do not regard placement on paid administrative leave as a clearly established adverse employment action.”); Jones v. Se. Pa. Transp. … Here, Burchfield’s complaint clearly states that her shifts and pay were affected by SLMA’s scheduling decisions.

Chauvin v. United Parcel Service, Inc.

District Court, E.D. Louisiana · Jun 26, 2023

part of a request must specify the part and permit inspection of the rest.”14 Objections interposed without also indicating whether any document or information is being withheld are improper.15 Responses must also clearly … each element of the privilege or immunity that is claimed.’”)

Mayet v. Energy XXI Gigs Services, L.L.C.

District Court, E.D. Louisiana · Sep 16, 2019

the moving party is entitled to judgment as a matter of law.69 The nonmoving party may not rest upon the pleadings, but must identify specific facts in the record and articulate the precise manner in which that evidence establishes … controversy, that is, when both parties have submitted evidence of contradictory facts.”76 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify

Lawrence v. Jefferson Parish Public Defenders

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

Section 1331 does not apply, however, in cases in which the federal question “clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction” or “is wholly insubstantial and frivolous.”28 The … asserting jurisdiction bears the burden of establishing the district court possesses subject- matter jurisdiction.29 Subject matter jurisdiction also may be premised

Goodyear Tire and Rubber Company v. Ceva Logistics Singapore PTE LTD.

District Court, E.D. Louisiana · Oct 5, 2023

On August 24, 2023, the Court entered a scheduling order establishing a deadline of September 22, 2023, for amending pleadings. ECF No. 71 at 1. … Nonetheless, the Advisory Committee clearly meant their filings to qualify as mistakes under the Rule.”). 42 Id. at 548–49, 554–57.