Case law

Oxford House, Inc. v. City of Baton Rouge

932 F. Supp. 2d 683 · District Court, M.D. Louisiana · Mar 19, 2013

However, if making a request would be clearly futile or “foredoomed,” then the plaintiff is not required to make such a request. United States v. Village of Palatine, 37 F.3d 1230, 1234 (7th Cir.1994). … Thus, the letters that counsel for Oxford House sent to the Parish Attorney’s office clearly constitute a request for reasonable accommodation as envisioned by the second portion of the definition of “Special Homes.”

Allied World National Assurance Company v. Nisus Corporation

District Court, M.D. Louisiana · May 3, 2024

An objection that states the limits that have controlled the search for responsive and relevant materials qualifies as a statement that the materials have been “withheld.”59 Nisus’ responses do not satisfy Fed … At issue was whether an expert’s immunity from discovery can be restored when the redesignation to non-witness status occurs after the expert has offered opinions.

Hillhaven Corp. v. Schweiker

570 F. Supp. 248 · District Court, M.D. Louisiana · Jul 15, 1983

Merit was a qualified provider which owned and operated a nursing home facility in Baton Rouge, Louisiana. … Here the Secretary’s activities are to be commended, not condemned, and there is clearly no estoppel.

Edwards v. America's Home Place, Inc

District Court, M.D. Louisiana · Sep 22, 2021

Findings of fact are not to be set aside unless clearly erroneous. See id. at 130-31. … While pro se litigants are held to a less stringent procedural standard than others, they are not granted immunity from compliance with procedural and substantive law. May v. Univ. of Mississippi Med.

Haggard v. Armstrong Rubber Co.

767 F. Supp. 119 · District Court, M.D. Louisiana · Jul 9, 1991

The Plan clearly and unambiguously provides that the plaintiff’s prior service with Sears shall be considered for “vesting and eligibility only,” but shall not be considered in the calculation of the monthly pension payments … Employer, by reason of the purchase of the Sears Truck Tire Centers by the Armstrong Rubber Company [now Pirelli] in 1984, Credited Service shall also include periods of employment with SEARS, ROEBUCK & CO. which would qualify

Equal Employment Opportunity Commission v. Columbia Sussex Corp.

632 F. Supp. 2d 576 · District Court, M.D. Louisiana · Jun 29, 2009

Knight’s deposition testimony with his declaration statements, it does not find the two to be so inconsistent as to qualify as sham testimony. … Another method of establishing a prima facie case of discrimination is for plaintiff to show the terminated employee "(1) is a member of a protected class; (2) was qualified for [his] position; (3) was subject to an adverse

Occidental Chemical Corp. v. Louisiana Public Service Commission

494 F. Supp. 2d 401 · District Court, M.D. Louisiana · Jun 12, 2007

The FERC has defined “avoided cost” as “the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would … Clearly then, given the court’s ruling that jurisdiction exists over both the PURPA and preemption claims. Burford abstention is unwarranted.

Water Craft Management, L.L.C. v. Mercury Marine

361 F. Supp. 2d 518 · District Court, M.D. Louisiana · Aug 12, 2004

The testimony about various meetings, telephone conversations, and emails admitted into evidence clearly support, the Court’s finding. … "An area containing only a small percentage of business activity may qualify as being economically significant if the relevant competition in that specific area is insulated from equivalent competition elsewhere."

United States Fidelity & Guaranty Co. v. Lipsmeyer Construction Co.

754 F. Supp. 81 · District Court, M.D. Louisiana · Nov 17, 1990

The facts clearly demonstrate to the Court that the defendants have failed to set forth the factual predicate to justify relief under Rule 56(f). … The burden then shifts to the defendants to establish the existence of a genuine issue of material fact under Rule 56(e).

E.B. v. Landry

District Court, M.D. Louisiana · Apr 18, 2022

“One element of the case-or-controversy requirement” is that plaintiffs “must establish that they have standing to sue.” Raines v. Byrd, 521 U.S. 811, 818 (1997). … App. 3 Cir. 10/3/01), 799 So.2d 587, 588 (“We do recognize that Brownell is not completely immune from paying court costs.

Emrit

District Court, M.D. Louisiana · Sep 25, 2025

Plaintiff advises that the proceeding “involves a discussion of Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Equal Protection Clause, Due Process Clause, Fourth Amendment, and Privileges and Immunities … May 18, 2022) (finding that Plaintiff qualifies as a pauper, but denying him leave to proceed IFP “because his conduct continues to improperly waste judicial resources and abuse the IFP privilege as a tool to ‘subsidize

Walsh v. City Mortgage Services, Inc.

102 B.R. 502 · District Court, M.D. Louisiana · May 31, 1989

As such, the “projection” amounts to nothing more than plaintiffs own estimate of lost profits and it thus is clearly inadmissible as evidence to establish the amount of lost profits. See, Autrey v. … The “projection” upon which the damage award is based is clearly only plaintiffs own estimate and it has insufficient probative value to establish lost profits.

White Hat v. Landry

District Court, M.D. Louisiana · Jul 30, 2020

In this case, the Attorney General maintains that Louisiana has not waived sovereign immunity nor was sovereign immunity abrogated by § 1983. (Doc. 30-1 at 5 (citing Champagne v. … The Court specifically rejected the defendant's argument that a “substantial part of the events” was established by either the enactment in Albany of statutes and orders establishing the system of compensatory payments,

Thibodeaux v. Equinor USA E&P, Inc.

District Court, M.D. Louisiana · Sep 21, 2023

facts summarized in this section are from Equinor’s Statement of Uncontested Material Facts (“SUMF”), (Doc. 37-2), or from Plaintiff’s Additional Facts (“PAF”), (Doc. 53-1 at 6), and are either admitted outright or are qualified … At most, says Plaintiff, this merely establishes cooperation, not subordination. (Id.)

Creel v. City of Baton Rouge/Parish of East Baton Rouge

District Court, M.D. Louisiana · Mar 8, 2021

decision to grant or deny a preliminary injunction is discretionary with the district court.6 However, because a preliminary injunction is an extraordinary remedy, it “should not be granted unless the party seeking it has clearly … Even if he could assume some level of privacy would inhere in his messages, it would not have been reasonable for Quon to conclude that his messages were in all circumstances immune from scrutiny.

Horton v. Fisher

District Court, M.D. Louisiana · Aug 26, 2021

The Court also notes that while Leifer appears well qualified as an accident reconstruction expert, “Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue. … Bain,” (id. at 7) when, as discussed above, such is clearly not the case, Leifer calculating speed and force at impact.

Equal Employment Opportunity Commission v. Louisiana Network, Inc.

809 F. Supp. 1210 · District Court, M.D. Louisiana · Dec 16, 1992

No Title VII violation Plaintiff also established a prima facie case under Title VII by showing that Holden is black, blacks were a minority at LN in the news room, she was qualified for the job of anchor reporter, and was … They all had more experience and were better qualified than Holden. Barker had previously been employed by LN.

Fidelity National Bank v. Aetna Casualty & Surety Co.

584 F. Supp. 1039 · District Court, M.D. Louisiana · Mar 15, 1984

Aetna’s claim of indemnification from MGIC is clearly without merit. … Aetna alleges no contractural relationship with MGIC (or with its insureds), it cites no statute granting it a right of indemnification and it clearly does not qualify under Louisiana jurisprudence for the Appalachian Corp

Mochelle v. J. Walter Inc.

823 F. Supp. 1302 · District Court, M.D. Louisiana · May 24, 1993

Article 1927 of the Louisiana Civil Code provides, in pertinent part: A contract is formed by the consent of the parties established through offer and acceptance. … Article 1846 of the Civil Code, found in Chapter Five, Proof of Obligations, qualifies the language of article 1927 by providing: When a writing is not required by law, a contract not reduced to writing, for a price or, in

Gilbert v. Lessard

District Court, M.D. Louisiana · Aug 8, 2019

Defendants were not entitled to Qualified Immunity. 4. Plaintiff was owed Compensatory Damages resulting from Defendants’ use of force. 5. Plaintiff was entitled to $50,000.00 in Compensatory Damages. 6. … Further, Defendants claim that Plaintiff was unable to present any evidence to establish any lasting physical harm from the events alleged to have taken place.