Case law

Doe v. Roman Catholic Church of the Archdiocese of New Orleans

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

Doe argues, in effect, all three causes of action should be stayed under the rules of prematurity and qualified privilege followed by Louisiana courts. In Simpson v. … Clearly, the claim for such damages can only be litigated after the litigant making the statements has been given the opportunity to prove them in the suit in which they were made and has failed to do so.

Kitziger v. Gulfstream Services, Inc.

District Court, E.D. Louisiana · Sep 29, 2021

discriminated against and harassed based on her age and gender by Gulfstream’s management.9 For example, Plaintiff alleges that, based on her gender, her successful sales accounts were taken from her and given to less qualified … establish[ed].”63 Courts in the Eastern District of Louisiana have generally considered four factors in deciding motions for reconsideration: (1) the motion is necessary to correct a manifest error of law or fact

Flanks v. City of New Orleans

District Court, E.D. Louisiana · Feb 28, 2025

Under Louisiana law, a district attorney is unquestionably considered a policymaker.128 In the Amended Complaint, Plaintiff clearly brings claims against Williams in his official capacity as the current Orleans Parish District … Plaintiff does not clarify exactly what cases cited in their Amended Complaint qualify as the 26 with convictions prior to Plaintiff’s in 1985 and a subsequent reversal on Brady grounds.

In Re Chinese Manufactured Drywall Products

706 F. Supp. 2d 655 · District Court, E.D. Louisiana · Apr 8, 2010

After Remediation, an Independent, Qualified Engineering Company Should Certify that the Homes are Safe for Occupation ........ 685 11. … an independent and qualified engineering company.

Claudet v. Cytec Retirement Plan

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

In Defendants view, the pop-up charge equalizes the value of the Qualified Joint and Survivor Annuity with other optional forms of benefits. … The blended method is usually used to ensure that the amount of the common benefit fee established by the percentage method is reasonable.

New Orleans Navy Housing, LLC, et al. v. United States Department of Navy

District Court, E.D. Louisiana · Oct 24, 2025

Although the decision to release the PRF funds in 2021 clearly predates this 2022 email, the foreseeable harm column makes clear that the email was generated 39 See R. Doc. … Therefore, “once an agency identifies a document that it believes qualifies for a FOIA exemption, it must undertake a segregability analysis, in which it separates the exempt from the non-exempt portions of the document

Moller

District Court, E.D. Louisiana · Feb 26, 2026

Thundiyil qualify as a “health care provider” under those provisions. See LA. REV. STAT. § 3715.1(A)(2); LA. REV. STAT. § 40:1165.1(A)(10); see ECF No. 217-8 (Dr. … (“This good cause requirement is rooted in the language of Rule 26(b): essentially, to establish good cause the movant must demonstrate that the discovery is consistent with Rule 26(b)(1) and (2).”).

O'Reilly v. U.S. Army Corps of Engineers

District Court, E.D. Louisiana · Aug 15, 2022

the quality of the human environment,” except in certain qualifying situations.7 O’Reilly, 477 F.3d at 228 (citing 42 U.S.C. § 4332(2) (emphasis added); Sabine River Auth. v. U.S. … Compensatory mitigation means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting

Centurum Information Technology, Inc. v. Geocent, LLC

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

Section 8(a) established a program that assists small disadvantaged business entities compete in the marketplace. … For a forum selection clause to be exclusive, it must go beyond establishing that a particular forum will have jurisdiction and must clearly demonstrate the parties’ intent to make that jurisdiction exclusive

St. Charles Surgical Hospital, LLC v. Louisiana Health Service & Indemnity Company

District Court, E.D. Louisiana · Feb 11, 2020

company] is reimbursing them for clearly defined benefits.106 This case is like Crescent City. … That clearly cannot be allowed. . .

Domino v. Guardian Life Insurance Company of America

District Court, E.D. Louisiana · Jan 25, 2024

To qualify under the policy an employee “must be an active full-time employee,” which requires the employee: (a) be legally working in the United States. … Plaintiff argues that he clearly intended for coverage to continue as he paid premiums until June 20, 2021, and that defendant added an unwritten rule that leave must be pursuant to the Family and Medical Leave Act (“FMLA

In re: The Matter of TK Boat Rentals, L.L.C.

District Court, E.D. Louisiana · Aug 7, 2019

policy, the term “bareboat charter” means “a legal bareboat charter as defined by the United States Coast Guard in the Code of Federal Regulations and any applicable endorsement to these regulations.”142 The GEICO policy clearly … a threshold, that the party establish itself as either the owner or bareboat charterer of the vessel in question.”) (citations omitted).

The Ohio Casualty Insurance Company v. Ryder & Ryder, LTD., et al.

District Court, E.D. Louisiana · Oct 16, 2025

Plaintiff acted in bad faith by paying or agreeing to settle claims of certain subcontractors or suppliers of Ryder on the bonded projects for amounts which were clearly … Abuse of rights is a specific form of bad faith recognized by Louisiana law, but not every instance of bad faith qualifies as an abuse of rights.116 While the two overlap, abuse of rights is a distinct doctrine, not synonymous

Angers v. Franco

District Court, E.D. Louisiana · Oct 2, 2025

the particular request being opposed, and not merely that it is overly broad and burdensome or oppressive or vexatious or not reasonably calculated to lead to the discovery of admissible evidence.”12 Any objection must clearly … 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

Germano v. Taishan Gypsum Co.

706 F. Supp. 2d 655 · District Court, E.D. Louisiana · Apr 8, 2010

After Remediation, an Independent, Qualified Engineering Company Should Certify that the Homes are Safe for Occupation.....685 11. … an independent and qualified engineering company.

CajunLand Pizza, LLC v. Marco's Franchising, LLC

District Court, E.D. Louisiana · Mar 10, 2020

policy merely because the laws of the two states differ.”112 Furthermore, the Fifth Circuit has specifically highlighted the official comments to Article 3540, which state “only strongly held beliefs of a particular state qualify … for the characterization of ‘public policy.’”113 As noted, both the ARA and the franchise agreements expressly provide that they should be interpreted using Ohio Law.114 In Louisiana, “[i]t is well established that where

Bowman v. R. L. Young, Inc.

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

and Young] that we were giving them [Bowman, Crabtree, Padilla, and Schifani],” and referred to it as “[f]unds, gift, compensation,” but denied that there was an agreement as to percentage or that he or Young had ever clearly … with competent evidence, such as affidavits or depositions, to buttress its competing claim.46 Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible at trial do not qualify

GeoVera Specialty Insurance Company v. Joachin

District Court, E.D. Louisiana · Jul 18, 2019

unknown, and the Joachins stated during the EUO that the prior owner of the Property had been arrested for the fire.13 GeoVera seeks declaratory judgment on the following: (1) the Property does not qualify … Louisiana law, “[a] party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying.”124 To establish

Island Ventures LLC v. K-Mar Supply II, LLC

District Court, E.D. Louisiana · Oct 26, 2020

ability to recover any damages against the in-state defendant, K-Mar.”17 Removing Defendants assert that the Louisiana Products Liability Act (“LPLA”) forbids the imposition of tort liability on K-Mar because K-Mar does not qualify … Plaintiff states in the petition that it brings product liability claims “pursuant to the laws of the State of Louisiana and the General Maritime Law of the United States.”74 Nevertheless, Plaintiff clearly invokes admiralty

Robert v. Maurice

District Court, E.D. Louisiana · Jul 17, 2020

outweighing probative value, which permits exclusion of relevant matter under Rule 403.”76 Here, the Court finds that Knight Transportation’s internal determination that the accident was preventable is clearly … measures pursuant to Federal Rule of Evidence 407.77 In opposition, Plaintiff argues that even if Defendants’ subsequent remedial measure argument is deemed correct, the evidence could still be introduced because it qualifies