Case law

Mouhaffel v. Southeast Holdings, LLC of Montana

District Court, M.D. Louisiana · Sep 30, 2019

Ifa bona fide dispute is identified as to either law or the facts, then the creditor does not qualify, and the petition must be dismissed. Id. at 750. … The Fifth Circuit’s analysis in In re Sims is more akin to a totality of the circumstances consideration rather than the establishment of a strict test to find bad faith.

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

District Court, M.D. Louisiana · Sep 27, 2024

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 … To establish a claim for monopoly, a plaintiff must establish that: (1) the defendant possessed monopoly power in a clearly defined economic and geographic region (the relevant market); and (2) the defendant

Hinkle v. USAA Gen. Indem. Co.

326 F. Supp. 3d 249 · District Court, M.D. Louisiana · Aug 8, 2018

Then, the court explained that the plain, ordinary, and popular meaning of the words in the policy would have to be distorted for the plaintiff's actions as a flagman on the side of the highway to qualify. Id. … The court in White clearly believed that the exact same language was ambiguous. Moreover, again, the language in Valentine , Armstrong , and Landry was not identical to the policy language at issue in this case.

Doe v. Louisiana State University

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

Defendants counter that Plaintiff has failed to establish a substantial threat of irreparable injury. … The State of Louisiana has not waived its sovereign immunity to be sued for breach of contract in federal court and the State did not waive it in this matter. See La. R.S. 13:5106(A).

eQHealth AdviseWell, Inc. v. Homeland Insurance Company of New York

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

each element of the privilege or immunity that is claimed.’” … The log’s description44 of the allegedly privileged documents consists solely of the words 43F “Legal advice and strategy,” which is clearly

Cannon v. Southern University Board of Supervisors

District Court, M.D. Louisiana · Jun 27, 2019

R.S. 35:5 provides that: Oaths, acts, and acknowledgments taken, made, or executed by or before any person purporting to be a notary public, duly appointed and duly qualified in any other state, territory … Doc. 1.48 Considering the uncontroverted summary judgment evidence submitted by Defendants, which establishes that Plaintiff received procedural due process before his expulsion from SULC, the Court finds that there are

Anding v. Ace American Insurance Company

District Court, M.D. Louisiana · Jun 5, 2024

Defendants argue: “Greer, a layperson, is not qualified to formulate an opinion about the proximate cause of the subject accident involving complex conspicuity issues.”77 At the outset, the Court notes that Defendants … A lay witness may only give opinion testimony if the testimony is: “(a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (

Cummins v. Unumprovident Insurance

630 F. Supp. 2d 687 · District Court, M.D. Louisiana · Nov 15, 2007

Cummins’ counsel contends that the traumatic brain injury clearly is not a preexisting condition within the definition of UNUM’s policy. Id. Dr. … Bolter indicated that he believes Cummins suffers from an “organic mental disorder” and is qualified for long-term disability because he cannot engage in meaningful work without substantial regression.

Attuso v. Omegaflex, Inc.

District Court, M.D. Louisiana · Apr 13, 2020

person who has been trained or other wise qualified through the TracPipe Gas Piping Installation Program.’”32 Further, Omega Flex contends that “it is undisputed that the CSST in the Attuso Home was improperly bonded.” … Omega Flex’s assertion that “it is undisputed that the CSST in the Attuso Home was improperly bonded”41 is not entirely accurate; Republic clearly maintains that the CSST was bonded in a way that the D&I Guide

Scott v. Brandon Company of Tennessee, LLC

District Court, M.D. Louisiana · Mar 18, 2025

To establish a prima facie case of retaliation under the traditional McDonnell Douglas framework, “the plaintiff must establish that: (1) he participated in an activity protected by Title VII; (2) his employer took an adverse … Clearly, an employer must have twenty or more employees to be liable for Louisiana state discrimination in employment claims, and La.

Savoy v. Stroughter

District Court, M.D. Louisiana · Jul 15, 2020

But even if Plaintiff had pointed to his lawyer’s February 11, 2020 realization to establish exceptional circumstances, the Court would still find his Motion untimely. … And while Plaintiff claims the “video was immediately reviewed,” a thorough review was clearly not conducted until his attorney began making a timeline of the video on February 11, 2020 — 10 months after it was produced

Davis v. East Baton Rouge Parish School Board

514 F. Supp. 869 · District Court, M.D. Louisiana · May 1, 1981

The testimony establishes that at the outset the Board established criteria which excluded consideration of closing any schools as well as court-approved desegregation “tools,” such as non-contiguous pairing or clustering … The three existing magnet schools in the Baton Rouge system are clearly successful educationally, though they are somewhat less successful from a desegregation standpoint.

Jordan v. Gautreaux

District Court, M.D. Louisiana · Mar 25, 2022

CorrectHealth . . ., Musso, and Llovet failed to provide [ ] Claiborne access to qualified medical and mental health care.” (Id. ¶ 39.) … Thus, the other similar incidents do not suffice to establish a policy or custom. (Id.)

Spoon v. Bayou Bridge Pipeline LLC

District Court, M.D. Louisiana · Dec 14, 2022

Generally, a privilege log “should . . . describe the document's subject matter, purpose for its production, and [give] [a] specific explanation of why the document is privileged or immune from discovery.” … These communications are clearly privileged. See AHF Cmty. Dev., LLC v. City of Dallas, 258 F.R.D. 143, 146 (N.D.

Troegel v. Performance Energy Services, LLC

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

(c) In the case of a qualifying event that is a termination of employment or reduction of hours of employment, the maximum coverage period ends 18 months after the qualifying event if there is no disability extension … , and 29 months after the qualifying event if there is a disability extension.

Tatonya Johnson v. SE Tylose Louisiana, LLC and SE Tylose USA, Inc.

District Court, M.D. Louisiana · Mar 31, 2026

Alternatively, even if they were not prescribed, applicable jurisprudence clearly forecloses such comments as a basis for Title VII race discrimination. In Stone v. Par. of E. … Simply put, “[e]mployees cannot immunize themselves from legitimate termination by taking FMLA leave.”335 Accordingly, the undisputed evidence establishes

Fontenot v. Board of Supervisors of Louisiana State University

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

Where Plaintiff sought to qualify a statement, Plaintiff states: “Qualified. … Although an allegation of retaliation was clearly an option on her EEOC Charge, Plaintiff selected only the boxes for race and age discrimination.118 Likewise the Plaintiff’s explanations for the allegations in her

Williams v. United States

District Court, M.D. Louisiana · Feb 28, 2025

Plaintiffs further allege that GB&T colluded with the USDA to backdate records and establish a fraudulent loss claim against Plaintiffs. (R. Doc. 1 ¶ 86). … Those are not the subject of the current complaint, and nonetheless would be clearly time barred.

Greene v. Nevro Corporation

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

According to Plaintiff, “this factual allegation alone places Nevro on notice of a possible manufacturing defect in this particular device from which it would not be immune.” (Id. at 3.) … Clearly, that was not the intent of Iqbal or Twombly.” Bertrand, 2013 WL 12184299, at *7–8; accord Morel, 2017 WL 3719975, at *6.

Daniel v. Biomet Orthopedics, Inc.

District Court, M.D. Louisiana · Mar 3, 2025

Further, “the LMMA’s limitations on such liability were created by special legislation in derogation of the general rights of Louisiana tort victims,” and “all other tort liability on the part of the qualified 37 R. … Doc. 20-1, p. 4 (“Plaintiffs assert that the cause of action alleged in this litigation against PGL clearly falls outside the ambit of the Louisiana Medical Malpractice Act and that the claims against PGL are indeed ripe