Case law

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

Falkins v. Goings

District Court, E.D. Louisiana · Dec 22, 2022

Alternatively, they argue that the defendants are entitled to qualified immunity. Id. at 21-22. … Finally, he argues that the record is insufficient for a Heck analysis and that qualified immunity does not apply because the officers acted unreasonably.

Sutherland v. United States Life Ins.

263 F. Supp. 2d 1065 · District Court, E.D. Louisiana · Apr 9, 2003

The Fifth Circuit applies a tripartite test for determining whether a particular plan qualifies as an employee benefit plan. Meredith v. Time Ins. Co. 980 F.2d 352, 355 (5th Cir.1993). … Subsection (A) clearly constitutes an alternative remedy to ERISA’s civil enforcement provisions because 29 U.S.C. 1132(a) does not authorize damages for breach of a the insurer’s duty.

Gordon v. Regional Transit Authority

District Court, E.D. Louisiana · Jan 24, 2024

As evidence of due process violations, he further argues that he was deprived of rights established by RTA’s policies and regulations. Id. at 3. … In order to have a property interest in a benefit, “a person clearly must have more than an abstract need or desire for it,” and plaintiff must “have a legitimate claim of entitlement to it.” Bd.

Roberts v. Ponchatoula City

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

2) that he was qualified for the job; [and] (3) that he was subject to an adverse employment decision on account of his disability.”20 If Plaintiff succeeds in establishing a prima facie case of discrimination, Defendant … “When deciding whether a person with disabilities is qualified for a particular job, the decision maker must establish which job or position is actually at issue”39 because an essential function “bear[s] more than

Johnson v. Webre

District Court, E.D. Louisiana · Aug 19, 2022

“with respect to activities that are intimately associated with the judicial phase of the criminal process,”41 and qualified immunity “for acts performed in the course of administrative duties and investigatory functions … because the Second Amended Complaint states violations of clearly established constitutional rights by alleging harassment, false imprisonment, and defamation of character.65 Plaintiff also avers that Movants’ assertion

Robinson v. Cain

510 F. Supp. 2d 399 · District Court, E.D. Louisiana · Aug 31, 2007

As to questions of law and mixed questions of law and fact, a federal court must defer to the state court’s decision unless it “was contrary to, or involved an unreasonable application of, clearly established Federal law, … The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and we stressed in Williams [v.

Bush v. Orleans Parish School Board

205 F. Supp. 893 · District Court, E.D. Louisiana · May 23, 1962

Indeed, there is nothing in either the Pupil Assignment Law or the Implementing Resolution clearly inconsistent with a continuing policy of compulsory racial segregation.” 34 An active plan of desegregation is the index of … “The School Placement Law furnishes the legal machinery for an orderly administration of the public schools in a constitutional manner by the admission of qualified pupils upon a basis of individual merit without regard to

Lee v. Learfield Communications, LLC

District Court, E.D. Louisiana · Sep 15, 2020

No. 14-1, at 14–15. 41 The exceptions to sovereign immunity are inapposite, as immunity has not been waived, nor has the immunity been undermined by abrogation or consent. … Though plaintiffs insist that the case is about their federal trademark, not about JSU’s state or alleged common law trademark to Thee I Love, those marks are not so clearly distinguished.

Moore Ex Rel. Moore v. Tangipahoa Parish School Board

304 F. Supp. 244 · District Court, E.D. Louisiana · Jul 2, 1969

Such a system of assignment is proper, for the school principal, assisted by his teachers, is best qualified to make such decisions. … Tickfaw and Natalbany areas: Nesom Elementary School — grades K-8 Natalbany Elementary School — grades K-8 Pupil assignments to these two schools shall be made on the basis of racially nondiscriminatory geographic zones and established

In re: Herbert C. Harper

District Court, E.D. Louisiana · Jul 20, 2026

The bankruptcy court did not clearly err in finding that Gautier failed to establish post-petition injury. … As Gautier’s fifth issue, she contends the bankruptcy court clearly erred in finding that she failed to establish post-petition injury.

Constanza v. Sparta Insurance Company

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

Additionally, the reasoning from Meadows does not clearly apply to the instant case. … clearly sustainable, as section 1442 does not require a federal official or person acting under him to win his case before he can have it removed.”77 Under Boyle, government contractor immunity applies if “(1) the United

Williams v. Trosclair

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

’s claims for damages.22 Trosclair argues that judicial immunity applies to her actions as hearing officer because Louisiana law vests hearing officers with authority to “hear and make recommendations . . . on establishment … , qualified immunity, and the Rooker-Feldman doctrine.94 The Fifth Circuit held that dismissal of a plaintiff’s claims for punitive damages and injunctive relief from a state court final judgment was proper because the

Moore v. Tangipahoa Parish School Board

290 F. Supp. 96 · District Court, E.D. Louisiana · Aug 20, 1968

Effective implementation of those decisions requires that school officials be given a realistic opportunity to do so, with the admonition of the Green decision clearly before them: “The burden on a school board today is * … The defendants shall establish as an objective that the pattern of teacher assignment to any particular school not be identifiable as tailored for a heavy concentration of either Negro or white pupils in the school. * # *

Jones

District Court, E.D. Louisiana · Aug 10, 2026

To possess such a capacity under Louisiana law, an entity must qualify as a “juridical person,” which is “an entity to which the law attributes personality, such as a corporation or a partnership.” La. Civ. … Here, Jones does not allege any facts to establish that Sheriff Soignet was directly involved in his arrest and, in fact, admits that he was not involved.

Security Title Guarantee Corp. of Baltimore v. United General Title Insurance

935 F. Supp. 816 · District Court, E.D. Louisiana · Mar 28, 1996

TORT: United General argues that it has established a cause of action against Security and Stewart under article 2315 of the Louisiana Civil Code. … Each of these clearly would qualify as one of “the causes of R.S. 22:1117.”

Blanchard v. Collagen Corp.

909 F. Supp. 427 · District Court, E.D. Louisiana · Dec 12, 1995

Therefore, Collagen, who as defendant bears the burden of demonstrating preemption, see Silkwood, 464 U.S. at 254-56 , 104 S.Ct. at 625 , must establish that Congress has spoken clearly and made its intention to preempt unmistakable … Clearly, Blanchard’s tort claims relate to the “safety or effectiveness of the device.”

Chaney v. Hobart International, Inc.

54 F. Supp. 2d 677 · District Court, E.D. Louisiana · Apr 21, 1999

Summary judgment is also proper if the party opposing the motion fails to establish an essential element of his case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). … Hearsay evidence and un-sworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547, 548 (5th Cir.1987).

Moree v. Chevron Pipeline Company

District Court, E.D. Louisiana · Apr 16, 2024

Thus, to prevail on a motion under Rule 59(e), the movant must clearly establish at least one of four factors: (1) the motion is necessary to correct a manifest error of law, (2) the movant presents newly discovered or … Plaintiffs have not established any of the four factors required for reconsideration.