Case law

Dempster v. Lamorak Insurance Company

District Court, E.D. Louisiana · Sep 23, 2020

will show that Decedent’s lung cancer resulted from the cumulative burden of asbestos in his lung tissue, and that Decedent’s exposures from various sources cannot be divided from one another.58 The Williams decision clearly … IT IS HEREBY ORDERED that the Hopeman Interests’ “Motion to Admit Evidence as to the Fault of All Immune or Non-Parties”®! is GRANTED.

Cutrer v. Humble Oil & Refining Company

202 F. Supp. 568 · District Court, E.D. Louisiana · Feb 20, 1962

Accordingly, as soon as an escrow plan can be established, Humble will deliver all accrued royalties attributable to the joint area water bottoms within the lease, and will henceforth pay into that fund all such royalties … State Mineral Board, 216 La. 742 , 44 So.2d 841 , the state itself, presumably immune in the absence of consent, is perhaps an indispensable party in the title dispute. See Daigle v.

Sawyer v. Charles

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

VHS San 20 “A good-faith assertion of qualified immunity alters the usual summary judgment burden of proof, shifting it to the plaintiff to show that the defense is not available.” Scott v. … Because Warden Robinson has not asserted qualified immunity anywhere in his summary-judgment motion or his summary-judgment briefing, ECF Nos. 72–72-6, the Court applies “the usual summary judgment burden of proof.”

Pan American Fire & Casualty Company v. Revere

188 F. Supp. 474 · District Court, E.D. Louisiana · Sep 30, 1960

Bank, none of the opinions is thus qualified. … See 3 Moore, Federal Practice, Para. 22.-04(2), p. 3013. 55 . 28 U.S.C. § 1391 (a), as qualified by 28 U.S.C. §§ 1392 (a), 1393(b).

Falgout v. Higbee Lancoms, LP

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

entitlement to immunity.” Tucker v. Ne. Louisiana Tree Serv., 665 So. 2d 672, 677 (La. Ct. App. 2d Cir. 1995). … (finding that off-duty employees would still qualify for workers’ compensation when incident 17 R. Doc.

Tunstall v. Daigle

District Court, E.D. Louisiana · Aug 10, 2021

Therefore, “sovereign immunity does not erect a barrier against suits to impose individual and personal liability.” Lewis, 137 S. … In hindsight, of course, that was clearly imprudent, but that fact is not sufficient to change the result herein.

Alonso v. Administrators of the Tulane Educational Fund

District Court, E.D. Louisiana · Jan 10, 2023

He alleges that Bouyelas ordered him to provide a medical certificate to establish why he could not participate in a Zoom hearing on or before November 24, 2021. … He seems to argue that Tulane is not entitled to immunity under Louisiana’s Workers’ Compensation statute.

J. H. Rutter Rex Manufacturing Co. v. United States

534 F. Supp. 331 · District Court, E.D. Louisiana · Feb 19, 1982

Defendant-intervenor is a qualified small business clothing manufacturer with a direct interest in the continuation of the set-aside program. … Goals established under this sub *340 section shall be jointly established by the Administration and the head of each Federal agency and shall realistically reflect the potential of small business concerns ... to perform

Louisiana Crisis Assistance Center v. Marzano-Lesnevich

878 F. Supp. 2d 662 · District Court, E.D. Louisiana · Jul 9, 2012

Defendant also added that LCAC could not establish that she owed any fiduciary or contractual duties to LCAC. … Thus, the statute clearly speaks in terms of striking a “cause of action,” or “claim,” rather than a “suit” or “action.”

Matherne v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Jan 19, 2024

The nonmovant may not rest upon the pleadings but must identify specific facts that establish a genuine issue for trial. See id. at 325; Little, 37 F.3d at 1075. … Plaintiffs’ claims against Avondale arising out of the use, handling, and disposal of asbestos clearly seek to impose liability on the part of the contractor for executing the government’s will.” (Rec.

O'Brien v. Autozoners, LLC

District Court, E.D. Louisiana · Nov 20, 2024

A showing that the unsuccessful employee was “‘clearly better qualified’ (as opposed to merely better or as qualified) than the employees who are selected” will be sufficient to prove that the employer's proffered reasons … In other words, she has introduced no evidence establishing that she was “clearly better qualified” than Mr. de Laureal. Autry v. Fort Bend Indep. Sch. Dist., 704 F.3d 344, 347 (5th Cir. 2013).

Sinclair v. Studiocanal, S.A.

709 F. Supp. 2d 496 · District Court, E.D. Louisiana · Apr 29, 2010

Med Immune, 549 U.S. at 127 , 127 S.Ct. 764 . 6 StudioCanal’s words could rea *504 sonably lead one to believe that it is prepared to and willing to enforce its trademark rights; the Declaratory Judgment Act does not require … . 2137 , 132 L.Ed.2d 214 (1995)(“By the Declaratory Judgment Act, Congress sought to place a remedial arrow in the district court’s quiver; it created an opportunity, rather than a duty, to grant a new form of relief to qualifying

United States v. ATP Oil & Gas Corp.

955 F. Supp. 2d 616 · District Court, E.D. Louisiana · Jul 1, 2013

that if, so goes the theory, ATP willfully dumped the waste just once, it would be subject to penalty under Section 311(b), but if it continued to dump *626 large quantities of oil every day for a long duration it would be immune … This sort of willful conduct, as alleged in the Complaint, clearly would not be within the scope of the operating or treatment systems and therefore remains subject to enforcement under Section 311. 76 Further, the United

Matthews v. Cain

337 F. Supp. 3d 687 · District Court, E.D. Louisiana · Aug 29, 2018

The United States Supreme Court established a two-prong test for evaluating ineffective assistance of counsel claims. … Even the respondent does not appear to contest the fact that Matthews' sentence qualifies as disproportionate, "considering that the defendant's prior convictions resulted in probation rather than jail time.

Smith v. Superior Casing Crews

299 F. Supp. 725 · District Court, E.D. Louisiana · Apr 25, 1969

It is well established that a statute of limitations enlarging the time in which an action may be brought is not retroactive legislation and does not impair any vested right. … LIQUIDATED DAMAGES AND ATTORNEY’S FEES Clearly Superior was not in good faith. 29 U.S.C. § 260 .

Bode v. Kenner City

303 F. Supp. 3d 484 · District Court, E.D. Louisiana · Mar 19, 2018

Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence. 122 *497 B. … Accordingly, Plaintiffs have established all four requirements for a permanent injunction banning enforcement of the Charter Amendment. *508 C.

Southern Snow Manufacturing Co. v. Snow Wizard Holdings, Inc.

829 F. Supp. 2d 437 · District Court, E.D. Louisiana · Apr 18, 2011

With respect to SNO-SWEET®, SNOFREE®, and ZEPHYR, Plaintiffs urge invalidity based on the assertion that SnoWizard has never made any qualifying sales with these names. … It is clearly not generic to reservation services.”). Clearly, genericness is not an intrinsic, immutable characteristic of a mark.

Capaci v. Katz & Besthoff, Inc.

525 F. Supp. 317 · District Court, E.D. Louisiana · Oct 15, 1981

Her education — she had worked towards her doctorate at Columbia University — and her extensive work experience in the publishing business clearly supports K&B’s contention that she was in fact over qualified for the manager … Farmer did not make clear how often Capaci was locked out, and the claim that it was routine is not established.

United States v. Clayton

646 F. Supp. 2d 827 · District Court, E.D. Louisiana · Aug 13, 2009

As such, because Clayton will necessarily not be working in order to qualify for his “retirement” benefits, this purpose is inapplicable to him, and those benefits should be garnished to their full amount. … This language clearly indicates that payment will commence immediately and continue through Clayton’s incarceration.

Parish of Plaquemines v. Total Petrochemical & Refining USA, Inc.

64 F. Supp. 3d 872 · District Court, E.D. Louisiana · Dec 1, 2014

The removing Defendants contend that the claims against the 19 defendants in this action are tangentially related at best but clearly lack a community of interest. … First, as the Parish points out, § 49:214.36(D) contains no limiting or qualifying language whatsoever when it refers to a “coastal use permit.”