Case law

Ganpat v. Eastern Pacific Shipping PTE. Ltd.

District Court, E.D. Louisiana · Jan 25, 2022

if jurisdiction and proper venue are established.”28 Thus, the fact that venue is satisfied— whether by waiver or otherwise—does not ipso facto establish that a forum non conveniens dismissal is unwarranted; … While Eastern Pacific Singapore attempts to paint the picture that all relevant witnesses reside in India, this clearly is not the case.

Walters v. Social Security Administration

District Court, E.D. Louisiana · Aug 20, 2019

de novo any of the Magistrate Judge’s conclusions to which a party has specifically objected.17 The Court needs only to review the portions of the report to which there are no objections to determine whether they are clearly … months.”23 The Commissioner engages in a five-step sequential evaluation process to determine whether an individual qualifies as disabled.24 The five steps include: (1) the claimant is currently working in substantial

Richard v. St Tammany Parish Sheriff Department

District Court, E.D. Louisiana · Sep 28, 2022

Bagneris] are qualified to command top-level partners’ rates” given Mr. Pieksen’s 30 years of significant employment law experience and Mr. … “[T]he first step in determining reasonable attorney’s fees is an evaluation of the number of hours reasonably expended.”120 “The fee applicant bears the burden of establishing

Ellis v. Evonik Corporation

District Court, E.D. Louisiana · May 27, 2022

The Court finds that plaintiffs’ cancer diagnoses plainly qualify as “real damage.” … In the vicinage context, the Code itself establishes the standard of conduct between a proprietor and his neighbors.

Uptown Grill, LLC v. Shwartz

District Court, E.D. Louisiana · Jan 27, 2021

jurisdiction, (2) laches did not apply to Uptown Grill’s claims related to the Bill of Sale, (3) the License Agreement could not be used as parol evidence to modify the terms of the Bill of Sale, and that (4) the Bill of Sale “clearly … the elements are all functional and do not qualify for trade dress protection.”147 In addressing Khodr’s arguments, this Court first found that Shwartz’s discovery responses were “sufficient to put the Khodr parties

Redmellon, L.L.C. v. Halum

District Court, E.D. Louisiana · Mar 27, 2025

required to preserve the historical significance of the buildings, such as the historically protected unit—the “Taxi Dance Hall,” comply with modern building code requirements, and maintain ground-floor retail space to qualify … The PDA’s plain language clearly states that no legal obligations arise from it. “[O]nly upon the execution of a mutually agreeable documentation” does any of Halum’s “obligations aris[e].” R.

United States v. BP Exploration & Production, Inc.

21 F. Supp. 3d 657 · District Court, E.D. Louisiana · Sep 4, 2014

Although the Court found both experts well qualified, on the whole, the Court agrees with Dr. Huffman’s conclusions. 69. Dr. … Other examples abound, but this is sufficient to establish the point. 539.

Fleming v. Elliott Security Solutions, LLC

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

The burden is on the moving party to establish entitlement to attorneys' fees. The Defendants challenges the successfulness of several of the pleadings filed by the Plaintiff. … Several of the entries were for the combined preparation by Plaintiffs’ counsel which is inappropriate and qualifies as block billing.

Calogero v. Shows, Cali & Walsh, LLP

District Court, E.D. Louisiana · Jun 10, 2024

Implied in Rule 23 is the prerequisite that “‘the class sought to be represented must be adequately defined and clearly ascertainable.’” Union Asset Mgmt. Holding A.G. v. … Ascertainability As noted above, the proposed class must be adequately defined and clearly ascertainable.