Case law

Couturier v. C.R. Bard Inc.

District Court, E.D. Louisiana · Jul 9, 2021

Muehrcke are qualified to testify about product design. Id. Regardless, plaintiff failed to set forth a single defect that proximately caused any alleged injuries. Rec. … When a particular adverse effect is clearly and unambiguously mentioned in a warning label and the prescribing physician unequivocally states she was adequately informed of that risk by the warning

Brandt Dealer Services, LLC v. Hancock Whitney Bank

District Court, E.D. Louisiana · Jan 15, 2025

To qualify for this exception, the security procedure must be “commercially reasonable,” and the bank must have accepted the payment order “in good faith and in compliance with the bank’s obligations under the security … Essentially, § 4A-505 provides the “peremptive period”3 for the cause of action established by § 4A- 204, that is, the customer’s right to recover a payment order that is both unauthorized and unverified. iii.

In re Chinese Manufactured Drywall Products Liability Litigation

894 F. Supp. 2d 819 · District Court, E.D. Louisiana · Sep 4, 2012

other party’s home forum, we believe the answer is clearly that it cannot.... … Manuel, 2011-1277, p. 7 (La.App. 3 Cir. 3/28/12); 88 So.3d 1209, 1215 . “ ‘[A]n agency relationship cannot be presumed, it must be clearly established.’” Id. (quoting Roberson Adver. Serv., Inc. v.

Belcher v. Lopinto

District Court, E.D. Louisiana · Oct 5, 2020

Plaintiffs also appear to argue, albeit less clearly, that the Parish was grossly negligent and/or engaged in willful misconduct by not enforcing CH’s 48 See LA. REV. … Episodic Acts or Omissions “To establish municipal liability in an episodic-act case, a plaintiff must show (1) that the municipal employee violated the pretrial detainee’s clearly established

Boudreaux v. Louisiana State Bar Association

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

The party invoking federal jurisdiction bears the burden of establishing standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). … Kutcher at 157:10- 25, 158:1-16 (explaining that taking a position on an immunities provision in a proposed bill would be “real close to [the] line” of non-germaneness and indicating that the LSBA would no longer be inclined

Gospel Houma Assembly Church v. IFG Companies

District Court, E.D. Louisiana · Nov 2, 2023

to 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 … Dec. 11, 2018) (ordering qualified representative to provide a sworn certification that no responsive documents exist); Brookshire v. Jackson Pub. Schs., No. 3-13-772, 2015 WL 11018443, at *1 (S.D. Miss.

Treme v. St. John the Baptist Parish

District Court, E.D. Louisiana · Feb 6, 2023

“Plaintiffs have the burden of establishing standing.” Leaming v. Stonegage Mortg., No. 16-8511, 2016 WL 5072499, at *1 (E.D. La. Sept. 20, 2016) (Africk, J.) (citing Akin, 629 F. App’x at 629). … Where a contract to lease contains a suspensive condition, “the parties clearly contemplated [that the] suspensive 14 R. Doc.

Moore v. Tangipahoa Parish School Board

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

significant and sensitive issues in the pending motion for provisional unitary status, viewed as a proposed modification of existing desegregation decrees, are clearly … Therefore, within 20-days of this opinion parties shall exchange information about educational experts who are qualified to perform that evaluation and submit to the

Bertucci v. Aetna Life Insurance Company

District Court, E.D. Louisiana · Aug 21, 2020

We know from the actual FCE data that she would not meet the functional requirements of Sedentary work in addition to not qualifying for any of the positions listed.” H1359. … Bertucci does not appear to have clearly defined functional impairments from sedentary occupation.” H0307.

Taylor v. HD and Associates, LLC

District Court, E.D. Louisiana · Dec 3, 2020

If and when the movant carries this burden, the non-movant must then go beyond the pleadings and present other evidence to establish a genuine issue. Matsushita Elec. Indus. … This catch-all provision clearly puts plaintiffs on notice that any exclusions within the statutory scheme upon which they brought their own suit could be applicable in the case at hand.

Peony Fine Clothing, LLC v. State Farm Fire and Casualty Company

District Court, E.D. Louisiana · Mar 11, 2022

The cases cited by Peony, however, are clearly distinguishable from the facts of this case, as Peony has failed to show that the presence of COVID-19 rendered its premises uninhabitable or required remediation beyond … degradation to their property.62 The Fifth Circuit affirmed the district court’s ruling, finding that the suspension of dine-in services did not qualify

Hospital Service District No. 1 of Terrebonne Parish v. Hartford Fire Insurance Company

District Court, E.D. Louisiana · Feb 22, 2024

But the question of precise degree is irrelevant because “due to” clearly requires some degree of causation between a shutdown order and a communicable disease outbreak “at the insured premises.” … Although the court recognized that Ciena had established outbreaks at its facility, it denied coverage on the basis that plaintiff could not establish the necessary casual connection between the shutdown orders and the

McHugh, III v. St. Tammany Parish

District Court, E.D. Louisiana · Aug 1, 2024

First, the Court denied Cougle’s Rule 12(b)(6) motion to dismiss the Section 1983 claims against him.75 The Court reasoned that Cougle was not entitled to absolute legislative immunity for the independent reasons that … For example, Cougle asserts that “Plaintiffs were not speaking as private citizens when they were speaking as [Library Board] members,” but Cougle does not clearly explain how this assertion supports his argument that documents

Jackson v. Emergency Staffing Solutions, Inc.

District Court, E.D. Louisiana · May 21, 2024

contravenes the public policy of the state whose law would apply absent the choice- of-law provision.67 The Physician’s Agreement expressly provides that it should be interpreted using Texas law.68 In Louisiana, “[i]t is well established … Agreement provides that: If Provider at any time and for any reason fails to work a shift for which he is scheduled and Group is required to incur costs and expenses to ensure coverage of such shift by a qualified

Fucich Contracting, Inc. v. Shread-Kuyrkendall and Associates, Incorporated

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

After all, the Louisiana Supreme Court has stated that the language of these two articles “clearly and unambiguously provides that comparative fault principles apply in any action for damages and apply to any … To qualify for tort indemnity, which is extremely limited, a party “must be free of actual fault.” Romero v. Witherspoon, 7 F. Supp. 2d 808, 812 (W.D. La. 1998) (citing Appalachian Corp. v.

Holding Renaissance Property, LLC v. Nationstar Mortgage, LLC

District Court, E.D. Louisiana · Sep 15, 2023

application, to notify the borrower that the borrower is not eligible for a loss mitigation option before proceeding to foreclosure.”53 Nationstar concludes that, “Plaintiff is not a borrower on the Loan and does not qualify … P. art. 2635.80 Nationstar asserts that Louisiana courts have “clearly and consistently” held that only the note and mortgage need be attached to the petition for executory process.81 Nationstar further asserts that under

Guillot v. Lopinto

District Court, E.D. Louisiana · Mar 1, 2021

alter the window bars in the solitary cells, Defendants failed to replace the window grates in the cells, failed to “monitor[] prisoners who are an obvious suicide risk,” and “made a choice to place a prisoner who is clearly … motion to dismiss are, however, “considered part of the pleadings” if “they are referred to in the plaintiff’s complaint and are central to her claim.”83 “In so attaching, the defendant merely assists the plaintiff in establishing

Military Road Revitalization Company, LLC v. St. Tammany Parish Government

District Court, E.D. Louisiana · May 31, 2024

Tammany also asserts that the opposition does not carry Military Road’s burden of establishing ripeness based on the unfinished permitting process.64 55 R. Doc. … The Court first considers whether the state and federal proceedings qualify as parallel actions. Parallel actions involve “the same parties and the same issues[.]” Id. at 797 (cleaned up).

Gaudet v. Howard L. Nations, APC

District Court, E.D. Louisiana · Jul 1, 2021

that proposed class counsel will fairly and adequately represent the interests of the class and are qualified to serve as class counsel under Rule 23(g). … created by their Attorney-Client contracts with Defendants.142 Plaintiffs assert that Defendants obligated themselves to “prosecute” all Subsistence Claims, or to pursue the claims until finished, which Defendants clearly

AIG Specialty Insurance Company v. Agee

District Court, E.D. Louisiana · Nov 2, 2023

The court reasoned that article 3499, which sets the ten-year prescriptive period for personal actions, is qualified by the language “[u]nless otherwise provided by law,” and article 3494(1) indeed provides otherwise. … Applying this logic, the LWPA arguably establishes a duty to pay wages, independent from an employment contract.