Case law

Folse v. Kent

District Court, M.D. Louisiana · Dec 29, 2020

Weber7 technically only applies to “mixed” habeas petitions, and the petition here is not, at least yet, “mixed,” the standard is nevertheless applicable because Petitioner clearly seeks to transform his petition into a … Because the holding in Ramos has not yet been applied retroactively, Petitioner cannot at this time establish that he qualifies for the exception in Article 930.8(A)(2).

Starns v. Avent

96 B.R. 620 · District Court, M.D. Louisiana · Jan 24, 1989

After the time for appeal had run, the validity of the sale was established, even against nonparties to the sale proceeding. … (We emphasize that all this is Gekas’s version of the events; it is not established truth.)

Oby v. Baton Rouge Marriott

329 F. Supp. 2d 772 · District Court, M.D. Louisiana · Aug 5, 2004

In order to establish a prima facie case, the plaintiff then had to establish: (1) that she is covered by the FMLA; (2) that she suffered an adverse employment decision; and either (3a) that she was treated less favorably … Further, the Baton Rouge Marriott placed plaintiff in a managerial role, as she had been before as the Executive Housekeeper, even though it had clearly followed the law in replacing plaintiff as Executive Housekeeper because

Goudeau v. Dental Health Services, Inc.

901 F. Supp. 1139 · District Court, M.D. Louisiana · Oct 10, 1995

Buckley’s hours depended upon whether she was initiating some new program or solving problems as they arose with an established program. … The testimony showed that the individual dentists and those employees who were qualified shared in the defendant’s profits through its profit sharing plan.

Atchafalaya Basinkeeper v. U.S. Army Corps of Eng'rs

310 F. Supp. 3d 707 · District Court, M.D. Louisiana · Feb 27, 2018

than those relied upon by the agency, the court would still be compelled to uphold the agency's finding so long as *716 their experts were qualified and their opinions reasonable. 38 B. … The Court cannot agree with Plaintiffs' characterization, and the administrative record establishes the contrary.

Carroll v. SGS North America, Inc.

District Court, M.D. Louisiana · Sep 28, 2020

to offer any expert opinion; Woolfson’s deposition testimony directly contradicts the conclusory statements and unfounded analysis found in the Affidavit, establishing a glaring lack of relevancy and reliability … forth Woolfson’s qualifications and experience, because that information is contained in Woolfson’s expert report, which was issued on May 24, 2019 and previously produced to Carroll.9 After arguing that Woolfson is clearly

Fountain v. Wal-Mart Louisiana, LLC

District Court, M.D. Louisiana · May 29, 2024

Each such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such designation. … Oct. 18, 2021) (granting summary judgment dismissal because although the plaintiff fell due to a raised floormat at the storefront, the hazard was clearly visible and others noticed the hazard so the “condition was open

United States v. Clark

124 F. Supp. 3d 751 · District Court, M.D. Louisiana · Aug 24, 2015

Thus, the facts of Bailey are clearly much more analogous to the facts here. … Although Defendant's exact distance from his residence at the time of the stop was not *755 made clear at the hearing, the Court is satisfied as the fact finder that the distance certainly would not qualify as being within

Johnson v. Davis

District Court, M.D. Louisiana · Jul 20, 2020

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’”18 A claim has no arguable basis in law if … under Farmer’s “subjective” prong, plaintiffs must show that prison officials acted with a “sufficiently culpable state of mind.”48 The deliberate indifference standard sets a very high bar: the plaintiff must be able to establish

Lewis v. Ascension Parish School Board

72 F. Supp. 3d 648 · District Court, M.D. Louisiana · Dec 18, 2014

Later that year, the School Board established a “Growth Impact Committee.” 4. … (“Bates”), who was qualified as an expert on the impact of a disproportionate number of at-risk students on an academic environment. 30 According to Dr.

Jordan v. Gautreaux

District Court, M.D. Louisiana · Feb 2, 2023

Thus, the Fifth Circuit found no error in the district court’s conclusion that the guards did not act with deliberate indifference and were entitled to qualified immunity. Id. at 490. … Finally, any individual capacity claims fail because Gautreaux, Grimes, and Leader are entitled to qualified immunity. (Id.)

Deggs v. Fives Bronx, Inc.

District Court, M.D. Louisiana · Mar 30, 2021

“A contract is formed by consent of the parties established through offer and acceptance.” SnoWizard, Inc. v. Robinson, 897 F. Supp. 2d 472, 478 (E.D. La. 2012) (citing La. Civ. Code art. 1927). … Unless specific statutes state otherwise, Louisiana law allows offer and acceptance to be made in any manner that is “clearly indicative of consent,” and there need not be conformity between the manner in

Central Facilities Operating Co. v. Cinemark USA, Inc.

36 F. Supp. 3d 700 · District Court, M.D. Louisiana · Aug 6, 2014

Read in its entirety, the clear language of Article VII establishes the parties’ intent to establish obligations under two different scenarios. … The Court’s reading is further supported by the second scenario’s use of the qualifying phrase, “In the event.”

Louisiana Delta Service Corps v. Corporation for National and Community Service

District Court, M.D. Louisiana · Jun 27, 2025

established under the national service laws.” 42 U.S.C. §§ 12651 et seq.; 45 C.F.R. § 2500.2. … , or to establish a private right of action for their enforcement.”

United States v. Grigsby

District Court, M.D. Louisiana · Oct 19, 2022

Now the Government moves for summary judgment (Doc. 64, the “Motion”), arguing that undisputed evidence establishes that Cajun, a construction company, did not conduct any qualified research activities during the tax year … Defendants fail to offer competent evidence or argument establishing that Cajun performed “qualified research” The QRTC provides

Martin v. Winn-Dixie Louisiana, Inc.

132 F. Supp. 3d 794 · District Court, M.D. Louisiana · Sep 23, 2015

It does' so because both contentions defy the Rules’ clear text, well-established case law, and the relevant documents. … Next, Winn-Dixie argues that Plaintiff was not qualified for her post. (Id. at 8.)

Calhoun

District Court, M.D. Louisiana · May 26, 2026

“The factors relevant to this inquiry include: (1) whether material issues of fact are at issue; (2) whether there has been substantial prejudice; (3) whether the grounds for default are clearly established; (4) whether … The grounds for default have been clearly established and, given the length of time Plaintiff has been on notice and the specific admonition of the Court, both orally and in writing,47 the default was not caused by good

Walters v. Shintech, Inc.

District Court, M.D. Louisiana · Mar 26, 2025

“To make a prima facie case of disability discrimination under the ADA, [a plaintiff] must establish that ‘(1) she has a disability or was regarded as disabled, (2) she was qualified for the job, and (3) she was subject … anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune

Johnson v. Cazes

District Court, M.D. Louisiana · Sep 20, 2019

a claim under 42 U.S.C. § 1983, the plaintiff must establish two elements: “(1) that the conduct in question deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the … excessive, and (3) the excessiveness of which was clearly unreasonable” (Cooper v.

Archille v. City of Jackson

District Court, M.D. Louisiana · Oct 10, 2024

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” Id. at 32-33. … , if the court determines that the allegation of poverty is untrue; or the action is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune