Case law

Gage v. Canal Barge Company, Inc.

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

There, the Court clarified that the Jones Act covers any worker who qualifies as a “seaman,” without regard to whether a worker may also qualify for coverage under the LHWCA. … The Court noted that certain “traditional longshoreman work...may qualify for seaman status” where the plaintiff can establish “the requisite employment-related connection to the vessel.”

Fletcher v. Louisiana Department of Transportation and Development

District Court, M.D. Louisiana · Jul 18, 2019

. § 794, and that Defendant has waived its sovereign immunity through its acceptance of federal funding.6 Plaintiff claims that he was an “individual with a disability” within the meaning of 29 U.S.C. § 705(20)(B) and … “Qualified” Person Defendant’s second basis for seeking dismissal of Plaintiff’s claims is that Plaintiff’s allegations “show as a matter of law that he was not ‘qualified’ within

Tingle v. Hebert

305 F. Supp. 3d 678 · District Court, M.D. Louisiana · Apr 16, 2018

"To establish a prima facie case of retaliation under... … Bussie clearly supports the Defendants.

Morris v. Baton Rouge City Constable's Office

299 F. Supp. 3d 773 · District Court, M.D. Louisiana · Mar 13, 2018

a prima facie case of sex discrimination by showing that (1) she is a member of a protected class; (2) she was qualified for her position; (3) she was subjected to an adverse employment action; and (4) she was either replaced … The Plaintiff is advised to specifically allege all facts that give rise to her claims and to clearly state what causes of action she is bringing."(emphasis original) ). Fed. R. Civ. P. 56(a). DIRECTV Inc. v.

Lewis v. Eye Care Surgery Center, Inc.

District Court, M.D. Louisiana · Dec 22, 2023

For example, Plaintiff attests she was passed over for promotions, for which she was qualified, in favor of co-workers “less qualified than [Plaintiff]” or “less trained in skill and effort”;10 she attests that … Title VII Race Discrimination – Constructive Discharge To prove race discrimination under Title VII, a plaintiff must establish that she is (1) “a member of a protected class” (2) “was qualified for the position

Evans v. East Baton Rouge Parish School System

District Court, M.D. Louisiana · Mar 8, 2022

This suffices to establish a causal nexus at this stage. … The sick leave policy clearly grants Defendant discretion to require verification in the event of an absence lasting less than six days.

Bergeron

District Court, M.D. Louisiana · Feb 27, 2026

Consequently, she has not established a prima facie case. 2. … Circuit, ‘[i]n order to succeed on a discrimination claim in a [reduction in force] situation, it is incumbent upon the terminated employee to prove that [s]he was clearly better qualified than the retained employees.’”

Washington v. Eagle Inc.

District Court, M.D. Louisiana · Aug 28, 2024

To be “colorable,” the asserted federal defense need not be “clearly sustainable,” as §1442 does not require a federal official or person acting under him “to ‘win his case before he can have it removed’”. … The Avondale Defendants contend that they have raised the following colorable federal defenses: (1) government contractor immunity under Boyle,9 and (2) derivative sovereign immunity under Yearsley.10 (R.

MMR Constructors, Inc. v. JB Group of LA, LLC

District Court, M.D. Louisiana · Apr 26, 2022

The allegations of MMR’s verified Complaint, accepted as true, establish that Defendant Heroman’s actions shortly before leaving MMR qualify as a “misappropriation” that was achieved through “improper … In sum, MMR has carried its burden of establishing a high likelihood of success □ on the merits of its DTSA and LUTSA claims because Heroman misappropriated, by improper means, MMR’s information and data, which qualify

Doiron v. Conseco Health Insurance

240 F.R.D. 247 · District Court, M.D. Louisiana · Feb 15, 2007

In this ease, plaintiffs counsel argue that they are qualified to serve as class counsel as they have participated in the litigation and have provided diligent and competent representation in the matter. … Faith Claims Under Louisiana R.S. 22:657, the plaintiff has alleged that “Conseco arbitrarily and *257 capriciously breached their insurance contracts by denying payment of benefits to the plaintiff and the class, which are clearly

Kelly v. Stassi

District Court, M.D. Louisiana · Jan 27, 2022

To prevail on a Fourth Amendment excessive use of force claim, the plaintiff must prove that the plaintiff “suffered (1) an injury; (2) which resulted directly from a use of force that was clearly excessive to the … violation of established police practices and training.”20 It may be that law enforcement policies and best practices are not within the purview and common understanding of the average lay juror.

United States of America, for the use and benefit of Timberline Construction Group, LLC v. APTIM Federal Services, LLC, et al.

District Court, M.D. Louisiana · Feb 4, 2026

“Under parallelism rules, modifiers do not automatically ‘float’ across coordinate clauses unless repeated or clearly scoped.” … Duguid, 592 U.S. 395, 403 (2021) (“The [Supreme] Court often applies this interpretive rule, usually referred to as the ‘series-qualifier canon.’”); cf. id. at 403–04 (“A qualifying phrase separated from antecedents by

McNeal v. Louisiana Department of Public Safety and Corrections

District Court, M.D. Louisiana · Feb 2, 2021

Defendants conclude that because Plaintiff’s claims are subject to the one-year statute of limitations, “they are clearly prescribed.” (Doc. 11-1 at 6.) … El Paso Healthcare System, Ltd., 176 F.3d 847, 857 (5th Cir. 1999), the court held that the plaintiff’s disability, substance abuse, was not an ADA qualifying disability because a drug addiction did not qualify as an ADA

Brown v. Louisiana Lottery Corp.

240 F. Supp. 2d 590 · District Court, M.D. Louisiana · Nov 4, 2002

Her report would clearly have constituted either opposition to or initiation of (and hence participation in) an investigation of an unlawful employment practice. … Consequently, Brown has established the second element of her pri-ma facie case. C.

Guidry v. Louisiana Military Department-Youth Challenge Program

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

Thus, according to Defendant, “Plaintiff’s file clearly shows that the EEOC did not believe that a charge had been filed until the August 27, 2019, document.” (Id. at 3.) … (finding that the intake questionnaire filed with the EEOC qualified as a charge for purposes of the timely filing requirement and Rule 12(b)(6)); see also Jackson v.

Sherman v. Louisiana Workers' Compensation Corporation

District Court, M.D. Louisiana · Feb 4, 2025

“A prima facie case is established once the plaintiff has proven that [s]he: (1) is a member of a protected class; (2) was qualified for [the] position [she sought]; (3) was subjected to an adverse employment action; and … of the reasons or inconsistent explanations given by the City for its employment decisions at different times; (3) Lambert’s being clearly better qualified than Barnes; or (4) the City’s failure to follow its own policies

Johnson v. Crown Enterprises, Inc.

294 F. Supp. 2d 850 · District Court, M.D. Louisiana · Oct 10, 2003

The language in this agreement clearly shows that plaintiff was an independent contractor under the facts of this case. … The Court specifically finds that the continuing violation doctrine clearly does not apply under the facts of this case.

Donaldsonville Glass and Body Works, Inc. v. Gonzales Municipal Police Department

District Court, M.D. Louisiana · Oct 25, 2024

Plaintiffs also seek an adverse inference and/or presumption that accident reports and call/dispatch logs, allegedly not produced by Defendant despite discovery requests, would establish the Plaintiffs’ economic … Cases arising under Title 42 U.S.C. § 1983 are “‘a species of tort liability’ in favor of persons who are deprived of ‘rights, privileges, or immunities secured’ to them by the [United States] Constitution.”17 Accordingly

Cage

District Court, M.D. Louisiana · Feb 11, 2026

Plaintiff has provided no facts to establish that she was a member of a protected class, employed by EBRPSB, qualified for the position held, suffered an adverse employment action, or was treated less favorably than others … Cage to amend her complaint to provide the appropriate factual allegations to establish a cognizable claim under Title IX and Title VII.”20 Thus, Defendant clearly does not oppose, and, in fact, has requested that Plaintiff

Carroll v. SGS North America, Inc.

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

Boston Scientific Corporation, the District Court for the District of Massachusetts found that, having offered Verkhovskaya’s methodology in support of class certification, the “plaintiff has failed to establish that …   evidence that is connected to existing data only by the ipse dixit of the expert.”75 In this case, Verkhovskaya’s opinion that she can reliably determine potential class members using her methodology is not clearly