Case law

Babin v. The Lofton Corporation

District Court, M.D. Louisiana · Jun 29, 2022

a prima facte case; and (8) even if Plaintiff could establish a prima facie case, she cannot establish pretext. … The court therefore “conclude[d] that [Plaintiff] ha[d] clearly abandoned or [was] no longer asserting” those claims.); Russell vu.

Firefighters' Retirement System v. Regions Bank

598 F. Supp. 2d 785 · District Court, M.D. Louisiana · Oct 21, 2008

C.C. art. 1967 and related authorities, in that FRS justifiably relied upon the misrepresentations the defendants made regarding the Fund since defendants held themselves out to be qualified in their profession and subject … Thus, since the plaintiff in Hot-Hed never clearly stated that it was seeking attorney’s fees under The Lanham Act or that the case presented the sort of "exceptional” conduct required to warrant attorney’s fees under The

Day v. Baton Rouge City Police

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

P. 26] and is not automatically qualified as admissible.” Id. at p. 3. … Aug. 28, 2015) (“Clearly, expert opinions as to the reasonableness of a police officer’s use of force are objectionable and inadmissible legal conclusions.” (citations omitted)). But cf.

Slaughter v. Atkins

305 F. Supp. 3d 697 · District Court, M.D. Louisiana · Jan 22, 2018

"A final judgment in one state, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land." Baker v. … Clearly, the interests of the Board are so closely aligned with Clayton and Montgomery that the Board may be considered their virtual representative.

Safeco Insurance Company of Oregon v. Maryman

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

The Marymans do not reference any evidence in connection with their qualified responses. … The Marymans contend that their situation is clearly different because they moved into the Property nearly thirty years before the fire.

Mealy v. Gautreaux

District Court, M.D. Louisiana · Jan 31, 2020

The court explained, There is no dispute that Cadena was a qualifying individual under the ADA. And a disabled inmate’s right to mobility within a prison is well-established. See United States v. … As such, a plaintiff must establish that a defendant: “[R]efused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard

Messenger v. Boston Scientific Corporation

District Court, M.D. Louisiana · Jan 6, 2020

“A plaintiff can establish that he is ‘qualified’ by showing that ‘either (1) [he] could perform the essential functions of the job in spite of [his] disability,’ or ‘(2) that a reasonable accommodation of [his] disability … As discussed above, most of Plaintiff’s claims have prescribed as a matter of law, and Boston Scientific’s emails conclusively establish that Plaintiff was not qualified to perform the essential functions of her job under

LeBeau v. Union Pacific Railroad Company

District Court, M.D. Louisiana · Feb 21, 2020

Evidence may be adduced to establish some particular defect, or the same inefficiency may be established by showing a failure to function, when operated with due care, in the normal, natural, and usual manner … Additionally, Union Pacific asserts that a “stuck” or “tight” hand brake does not necessarily qualify as an inefficient or defective hand brake for purposes of the FSAA.

Estate of Manship v. United States

232 F.R.D. 552 · District Court, M.D. Louisiana · Dec 8, 2005

Thus, Interrogatory No. 14 was clearly submitted by the plaintiffs by mistake and will not be considered in counting the number of interrogatories in plaintiffs’ first set of discovery. … Furthermore, the Court finds that, unlike Interrogatory Nos. 1 through 4, Interrogatory No. 5 makes a general request that the United States describe its reasons for qualifying its responses to any of the thirty-five (35)

Woods

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

Each such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such designation. … Under the McDonnell Douglas framework, the initial burden rests with the plaintiff to establish that a prima facie case of discrimination exists by showing that she “(1) belongs to a protected group, (2) was qualified for

McCall v. Ferguson

District Court, M.D. Louisiana · Jun 23, 2020

Several factors are relevant to this inquiry, including: (1) whether there are material issues of fact at issue; (2) whether there has been substantial prejudice; (3) whether the grounds for default have been clearly established … Third, the grounds for granting a default judgment against Defendant are clearly established, as evidenced by the action’s procedural history and the Clerk’s entry of default. (Doc. 19).

Ward v. Franiscan Missionaries of Our Lady University

District Court, M.D. Louisiana · Sep 20, 2024

Again, Plaintiff cannot establish (a) that she was an otherwise qualified individual with a disability; (b) that FranU denied her a reasonable accommodation; and (c) that Plaintiff’s disability was a “motivating factor” … First, Plaintiff has failed to establish a prima facie case of discrimination; she was not qualified to participate in the program, and she was not excluded from the program due to her disability.

Mendoza v. LeBlanc

District Court, M.D. Louisiana · Jan 31, 2025

can be proven by supplying the OMV with “[o]ne primary and two secondary documents,” “[t]wo primary documents,” or “[i]f applicant has a Louisiana identification card/driver’s license with a photo which clearly … The Ex Parte Young doctrine, 209 U.S. 123 (1908), an exception to Eleventh Amendment immunity, allows for states to be sued for violations of federal law. Young v. LeBlanc, No.

Townsend v. Town of Brusly

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

This argument is undermined by Lefeaux’s sworn testimony that Plaintiff would have been reinstated if she dropped her lawsuit against Defendant which suggests there was clearly a position to which Plaintiff could have been … Assuming arguendo that Plaintiff’s pregnancy would qualify as a disability under the ADA, Plaintiff must also demonstrate that she was qualified for the position.

Mapp v. UMG Recordings, Inc.

208 F. Supp. 3d 776 · District Court, M.D. Louisiana · Sep 21, 2016

The rights of co-owners of a copyrighted joint work are well-established. … Inc., 324 F.2d 762 , 763 (2d Cir.1963) (“[A] license from a co-holder of a copyright immunizes the licensee from liability to the other co-holder for copyright infringement.”).

Clark v. LeBlanc

District Court, M.D. Louisiana · May 25, 2021

Such relief “is particularly disfavored, and should not be issued unless the facts and law clearly favor the moving party.” Id. Dr. Warren M. … Deliberate indifference cannot be established by showing mere negligence or inadvertence. Jd. There does not appear to be a dispute as to whether Plaintiff has established a serious medical need.

Satterfeal v. LoanCare, LLC

District Court, M.D. Louisiana · Jul 2, 2019

Wells Fargo argues that the Petition must allege that such a request qualifies under the statute and the plaintiffs have failed to allege facts sufficient to constitute a qualified written request. Williams v. … Wells Fargo has asserted that it does not qualify under this definition and that the plaintiffs have not alleged that it does.

Nelson v. Louisiana Department Of Public Safety and Corrections

District Court, M.D. Louisiana · Sep 12, 2019

The Court does not reach the issue of qualified immunity, which was raised as a defense by Secretary LeBlanc. … However, to the extend Nelson continues this litigation by availing herself of the leave to amend granted by the Court below, she is hereby ordered to file a response to the qualified immunity issue pursuant to Federal

Walker v. Apple Studios Louisiana, LLC

District Court, M.D. Louisiana · Jan 30, 2024

subject forklift had fallen off, the evidence established only, at best, negligence). 55 Rec. Doc. 11, p. 3. 56 Ia]. … Plaintiff's negligence claims are clearly barred by the LWCA. While Plaintiff seeks leave to amend for a second time if the Court grants Defendants’ motions, the Court finds that any amendment would be futile.

Smith v. Edwards

District Court, M.D. Louisiana · Sep 14, 2023

The case manager who, according to the logs was on site less than 50% of the time,21 is not qualified by education or training to counsel the youth. … adopts by reference its Ruling finding that Plaintiffs have exhausted their administrative remedies as required by the PLRA.23 Injunctive relief is an extraordinary remedy, to be granted only if Plaintiffs clearly