Case law

Jones v. Michaels Stores, Inc.

District Court, M.D. Louisiana · Jun 8, 2020

jurisdiction to confirm arbitration awards upon application by a party to the arbitration;18 however, this review is “extraordinarily narrow”19 and “exceedingly deferential.”20 Section 10 of the FAA establishes … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Aaron Saxon Properties, LLC v. Federal Emergency Management Agency, ET AL.

District Court, M.D. Louisiana · Mar 19, 2026

Even if Imperial is right about the denial letter, Imperial still relies on Strow’s declaration to establish when the letter was “issued,” and that declaration is clearly beyond the scope of Rule 12(b)(6). … Smith, 2024 WL 4256461, at *15 (“Smith is not arguing that he was factually mistaken about the identity of the Board; he is arguing that his counsel made the legal mistake of failing to name the Regents as opposed to the immune

In Re: Chester J Marine, LLC, as Owner and Operator of the M/V Cecile A. Fitch, Official No. 297854

District Court, M.D. Louisiana · Nov 10, 2022

In addition, CJM notes that Captain Evans, who was aboard the KING during the operative times and clearly within the course and scope of his employment, was also negligent. … been qualified in recognition of a classic predisposition of sailors ashore.” Id. (quoting Aguilar, 318 U.S. at 731 (citations omitted)).

Allstate Life Insurance Company v. Marcelle

District Court, M.D. Louisiana · Jul 12, 2022

Ray-Jones’ application for the Allstate life insurance policy in support of her entitlement to the proceeds.* The application document clearly reflects that Dr. … Ultimately, “the burden is on the one seeking reformation to establish the mutual error and mistake by clear and convincing proof,”43 and the Co-Defendants have not done so.

Hanna v. J. P. Morgan Chase & Company

District Court, M.D. Louisiana · Aug 24, 2020

Code art. 1927, which states that: A contract is formed by the consent of the parties established through offer and acceptance. … Indeed, continued employment is an action that is “clearly indicative of consent” as required by La. Civ.

Sadeghi v. Aetna Life Insurance Company

District Court, M.D. Louisiana · Sep 28, 2021

Plaintiffs qualify this statement as set forth below. 99 Rec. Doc. No. 27-9, p. 18. … Further, Plaintiffs contend the evidence has established their basic right to payment.

Miranda v. Alexander

District Court, M.D. Louisiana · Sep 24, 2021

In her TRO Motion, Plaintiff fails to establish any personal harm to her children from the mask mandate. … In the box titled “Nature of Qualifying Disability”, Plaintiff has written “HIPPA VIOLATION”. (Id.)

Fetty v. City of Baton Rouge

District Court, M.D. Louisiana · Feb 11, 2021

Najolia is not in a better position, despite his law enforcement expertise, to opine as to whether the evidence establishes probable cause and/or excessive force. … Based on his education, training and experience, Grafton is certainly qualified and may testify as to applicable standards and well-established police policy and procedure.

NetChoice v. Murrill

District Court, M.D. Louisiana · Sep 16, 2025

, the author, and all recipients of each document listed therein, but should also describe the document’s subject matter, the purpose for its production, and a specific explanation of why the document is privileged or immune … “Although the Fifth Circuit has not adopted this specific balancing test employed in other circuits, it has suggested that a balancing test is appropriate to analyze the qualified privilege.”

Grant v. Oceans Healthcare, LLC

District Court, M.D. Louisiana · Dec 9, 2019

Plaintiff first argues that she is a “qualified individual by being regarded as disabled”. (Doc. 31-2, p. 5). … Next, Plaintiff argues that she was qualified to perform the essential functions of her job. (Doc. 31-2, p. 8).

Harris v. Executive Affiliates, Inc.

District Court, M.D. Louisiana · Jan 24, 2025

In reply, Defendants attempt to establish the time, place, manner, conditions, and scope of the examination. (R. Doc. 57). … Rosenzweig is an orthopedic surgeon qualified to evaluate Plaintiff’s alleged physical injuries to the back, neck, head, spine, and legs.

Harris v. Home Care PCA, LLC

District Court, M.D. Louisiana · Sep 26, 2023

Tenn., Inc., 454 F.3d 549, 554–55 (6th Cir. 2006) (termination of employee six days into 15–day compliance period “was clearly a violation of the FMLA”); Cooper v. … Here the Court finds that Home Care failed to establish that it was in good faith and had reasonable grounds for believing its conduct was FMLA-compliant.

Kellett v. Livingston Parish School District

District Court, M.D. Louisiana · Oct 22, 2024

A court may dismiss a claim as factually frivolous only if the facts are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional. … It appears that the relief sought is directed at the Louisiana Department of Children and Family Services, which could assert Eleventh Amendment immunity with respect to the claims asserted against it in this federal action

Morales v. McCulloh

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

regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … of her four days of incarceration, it cannot be said that the medical personnel “refused to treat [her], ignored [her] complaints, intentionally treated [her] incorrectly, or engaged in any similar conduct that would clearly

Colony Insurance v. NJC Enterprises

927 F. Supp. 2d 319 · District Court, M.D. Louisiana · Feb 26, 2013

. § 2201 for the purpose of declaring and establishing the rights and legal relationships between the parties. NJC responded with an answer and counterclaim (Rec. … Clearly, the facts of Erdey , and accordingly its holding, are distinct from the instant dispute. In Er *330 dey, this issue was whether an insured could verbally cancel his or her policy.

Fetty v. The Louisiana State Board of Private Security Examiners

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

Plaintiff had pointed to some provisions of a personnel manual to try to establish his property interest, but the appellate court found that the manual’s language “merely establishe[d] a procedure through which termination … Rather, again, “[p]rivileges, licenses, certificates, and franchises . . . qualify as property interests for purposes of procedural due process.

LaVergne

District Court, M.D. Louisiana · Jan 14, 2026

is conducted before service of process and dismissal is proper as to any claim that 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 … “bad advice” given by inmate counsel substitutes, insufficient training for inmate counsel substitutes, interference with legal mail, retaliation, and deliberate indifference to a serious medical need—these claims are clearly

Hoefer

District Court, M.D. Louisiana · May 29, 2026

“[I]n establishing a LUTPA claim, [a] plaintiff must show that ‘the alleged conduct offends established public policy and is immoral, unethical, oppressive, unscrupulous, or substantially injurious.’” … Even so, the parties have not fully briefed whether the Grant Notices qualify as “employment contracts or agreements.”

United States v. Ratcliff

381 F. Supp. 2d 537 · District Court, M.D. Louisiana · May 23, 2005

The defendant had insufficient income to qualify for the loan; therefore, a local businessman with sufficient assets co-signed for the loan. … That being said, it must still be shown that there is a nexus between the defendant’s alleged fraudulent scheme and his use of the mails in furtherance of that scheme. 115 This nexus must be established in order to prove

Ledet v. State of Louisiana

District Court, M.D. Louisiana · Mar 26, 2024

However, only actual victims that are sixteen and under qualify as “juveniles” for purposes of La. Stat. Ann. § 14:81.1. Ud. at ¢{ 37, 47). La. Stat. Ann. § 14:81.1 and 18 U.S.C.A. … As to Defendant Bass, Defendants assert that qualified immunity bars Plaintiffs claims. (/d. at pg. 15).