Case law

Reeder v. Williams

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

Reeder moved for partial summary judgment in his favor on the element of his claim under § 1983 that requires him to establish that he has been deprived of a right, privilege, or immunity secured by the United States Constitution … Bolden admitted that he was not qualified to diagnose individual persons with mental health disorders. (Id. at 20).

Pitts v. LeBlanc

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

Thus “long and clearly established Supreme Court precedent on this matter,” , means that all “official capacity” claims for monetary relief under Section 1983 lack an arguable legal basis and are thus subject to dismissal … These vague and conclusory allegations lack any factual detail or particularity and are thus insufficient to establish individual liability under Section 1983.

Save Our Wetlands, Inc. v. Witherspoon

638 F. Supp. 1158 · District Court, E.D. Louisiana · Jul 10, 1986

JUDICIAL REVIEW OF FINAL AGENCY ACTIONS The case law in this Circuit has established that the role of the judiciary in reviewing agency action is not to substitute the Court’s judgment for that of the Agency. … As clearly explained in Dole, supra, “the plaintiff has the initial burden of alleging facts that show a project would affect significantly some human environmental factor.” 770 F.2d at 432.

TWTB, Inc. v. Rampick

152 F. Supp. 3d 549 · District Court, E.D. Louisiana · Jan 20, 2016

Anthony Trust (“Anthony).” 6 The primary'business purpose of the creation of TWTB was to create an ongoing restaurant and bar establishment known as “Lucy’s Retired Surfer’s Bar & Restaurant,” located at 701 Tchoupitoulas … Trade dress infringement is established by showing that: (1) the trade dress qualifies for protection; and (2) that the trade dress has been infringed, which requires considering the likelihood of confusion. 171 i.

Stelly v. Department of Public Safety and Corrections Louisiana State, Office of State Police

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

Under this framework, the plaintiff must first establish a prima facie case demonstrating that “(1) he was not promoted, (2) he was qualified for the position he sought, (3) he fell within a protected class at the time … With the burden thus shifted back, Stelly argued he had sufficiently alleged that he was “clearly more qualified” than Burns or El-Amin because he was ranked higher on LSP’s promotion eligibility list based on the

Washington v. CSC Credit Services, Inc.

194 F.R.D. 244 · District Court, E.D. Louisiana · May 30, 2000

This proposition of law, however, is not so clearly established. It is clear that Rule 23(c)(2) requires notice to a 23(b)(3) class that plaintiffs may opt-out. See Fed.R.Civ.P. 23(c)(2)(A). … Malbrough’s individual claim is clearly a predominantly monetary claim falling under Rule 23(b)(3).

Gonsoulin v. Beta USA, Inc.

District Court, E.D. Louisiana · Aug 5, 2025

This rule establishes four general areas of inquiry that a district court must consider before admitting a witness as an expert under 702. … Patterson is clearly competent to testify as an expert on these matters. And as for the facts, data, and methods of review that Mr.

In Re Katrina Canal Breaches Consolidated Litigation

601 F. Supp. 2d 809 · District Court, E.D. Louisiana · Mar 5, 2009

Insurers argue that a long line of case law establishing that partial assignments are prohibited unless the debtor consents. … While Landry may not be controlling on this issue, that opinion clearly is how the Louisiana Supreme Court would have ruled on it.

Baby Oil, Inc. v. United States

938 F. Supp. 2d 640 · District Court, E.D. Louisiana · Apr 5, 2013

To qualify for this defense, the responsible party must establish: (1) that it “exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts … Third, early reports following the allision stated that oil and gas discharged from the well up to 10 feet in the air. 21 The record clearly supports the NPFC’s findings that the well had the requisite surface pressure to

Breen v. Knapp

District Court, E.D. Louisiana · Jul 17, 2023

Pursuant to Louisiana law, “[a]n entity must qualify as a juridical person to have the capacity to be sued.” Dejoie v. Medley, 945 So.2d 968, 972 (Ct. App. La. 2006) (citing Dugas v. … See Prime, 2007 WL 614177, *6. 7 Because the Court so concludes, it does not reach First Circuit’s arguments with respect to 11th Amendment immunity, Younger abstention, or failure to state

Williams v. Humble Oil & Refining Company

290 F. Supp. 408 · District Court, E.D. Louisiana · Aug 28, 1968

The following facts appear to be without material controversy, and upon trial of this action, they will be deemed established: 1. … The Louisiana courts have found that certain obligations are implied from the mineral lease. 14 They have not, however, clearly indicated the conceptual basis for imposing those obligations but have apparently reached this

Pier v. Barrios

District Court, E.D. Louisiana · Aug 8, 2024

.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … deter state actors from using their badge of authority to deprive individuals of federally guaranteed rights and to provide relief to victims if such deterrence fails.”15 A plaintiff must satisfy three elements to establish

New Orleans Assets, LLC v. CARL E. WOODWARD

278 F. Supp. 2d 776 · District Court, E.D. Louisiana · Feb 13, 2003

Hearsay evidence and unsworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … Moreover, NOA has provided evidence that the wall covering was acquired from OMNOVA distributors in Georgia, Ohio, and Tennessee. [2] While NOA's injury clearly occurred in Louisiana, [3] OMNOVA fails to establish that: 1

Japan Sun Oil Co., Ltd. v. M/V MAASDIJK

864 F. Supp. 561 · District Court, E.D. Louisiana · Sep 29, 1994

Nothing contained herein shall be deemed to be either a surrender by the carrier of any of his rights or immunities or any increase of any of his responsibilities or liabilities under the Hague-Visby Rules. … In this case, the bill of lading clearly references arbitration. 8 . In Pacific Lumber & Shipping Company, Inc., v.

Von Derhaar v. Stalbert

District Court, E.D. Louisiana · Nov 14, 2022

This ruling does not foreclose consideration of qualified immunity and other claims made by these and other defendants. 1 Defendant Michael Stalbert adopted the … Plaintiff’s amended complaint also clearly claims a violation of his Fourteenth Amendment rights when defendants allegedly deprived plaintiff of his liberty without due process of law.

United States v. Vesich

558 F. Supp. 1192 · District Court, E.D. Louisiana · Mar 7, 1983

as “administration of justice” within the meaning of § 1503; and (4) that even if there was a pending judicial proceeding which qualifies as “administration of justice” within the meaning of § 1503, the government has not … This prosecution is clearly brought under the broader “due administration” clause of § 1503, as evidenced by the language of the indictment charging that the defendant “corruptly did endeavor to influence, obstruct and impede

Ictech-Bendeck v. Waste Connections Bayou, Inc.

District Court, E.D. Louisiana · Jan 23, 2024

brought pursuant to Rule 59(e).13 Courts have considerable discretion when evaluating the merits of a Rule 59(e) motion.14 To prevail on a motion for reconsideration pursuant to Rule 59(e), the movant “must clearly … establish either a manifest error of law or fact or must present newly discovered evidence[,] [which] cannot be used to raise arguments which could, and should, have been made before the judgment issued.”15 A motion for

Calmes v. JPMorgan Chase Bank

943 F. Supp. 2d 666 · District Court, E.D. Louisiana · May 1, 2013

First, Plaintiff avers that his suspension clearly constituted a tangible adverse employment action. … Thus, the Court finds that Plaintiff has failed to establish quid pro quo harassment. 35 2.

Addison v. Louisiana Regional Landfill Company

District Court, E.D. Louisiana · Jan 23, 2024

brought pursuant to Rule 59(e).13 Courts have considerable discretion when evaluating the merits of a Rule 59(e) motion.14 To prevail on a motion for reconsideration pursuant to Rule 59(e), the movant “must clearly … establish either a manifest error of law or fact or must present newly discovered evidence[,] [which] cannot be used to raise arguments which could, and should, have been made before the judgment issued.”15 A motion for

Wade v. Wynn

District Court, E.D. Louisiana · May 14, 2020

Plaintiff’s access-to-court claim in this case is clearly distinguishable from the “exotic” claims in Atakapa. … claim ‘could not have been discovered previously through the exercise of due diligence’ and that ‘the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish