Case law

Broyles

District Court, M.D. Louisiana · May 20, 2026

However, “the Fifth Circuit has clearly and repeatedly recognized that the burden falls to the party seeking remand to establish that an exception to CAFA applies.” Rowell v. Shell Chem. … First, Defendants assert that Plaintiff has not established through evidence that it qualifies as a “state pension plan” under the statute. (Id.)

Lamar Advertising Company v. Zurich American Insurance Company

District Court, M.D. Louisiana · Apr 12, 2021

(citing to an insurer’s duty to clearly express the exclusions in its policy and the well-known rule that policy ambiguities are to be construed against the insurer).) … La. 2013) (quoting Nat’l Union for the proposition that “no fiduciary relationship is established by an insurance contract.”).

Nippon Yusen Kabushiki Kaisha v. Riverside Navigation, LTD

District Court, M.D. Louisiana · Dec 8, 2021

NYK asserts that “Active” was established and is owned by Mehmet Umur and that Mr. … This response is clearly a typo. Mahmet Nedim Umur is the shareholder of Active Denizcilik, as shown by the documents produced in R. Doc. 34-10.

Mosley v. Midas Worthington, LLC

District Court, M.D. Louisiana · Jan 9, 2020

The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements. Where, as here, a case is at the pleading stage, the plaintiff must clearly ... … Plaintiff contends his Complaint is sufficient because it pleads: (1) Plaintiff has a qualified disability, (2) the specific architectural barriers that Plaintiff encountered at the Hotel, and (3) Plaintiff intends to return

Trinity Medical Services, LLC v. Merge Healthcare Solutions, Inc.

District Court, M.D. Louisiana · Mar 19, 2020

His qualifications are set forth at Doc. 83-17 at 24-26 and the Court finds that he is well qualified in the area tendered. … Here, Asher clearly did his own extensive review of records and financial information of both Performance Labs and Trinity Management as well as various depositions, pleadings and correspondence, some 20 items.

O'Neill v. Gopalam

District Court, M.D. Louisiana · Sep 29, 2023

Likewise, Apollo lacks a qualified staff due to Gopalam and Apollo underpaying employees. (Id. at ¶ 81.) An under qualified staff and deficient training procedures has led to violations of Medicare regulations. … “Relator is not relying upon EMTALA to establish Defendants’ false certification. . . .

Daniel v. Board of Supervisors of Louisiana State University and A & M College

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

Daniel fails to bring forth record evidence establishing that Dr. … Daniel’s own testimony establishes that she 174 Thompson v.

McAllister v. Air & Liquid Systems Corporation

District Court, M.D. Louisiana · Aug 14, 2020

Document Number: 60772  27   Under this defense, immunity attaches if the defendant can establish that: ( … hundreds and hundreds” of valves he worked on while aboard both the STURGEON and the TRITON.225 McAllister also testified that there were “many, many” Edward valves in the engine room on the TRITON, but he qualified

Williams v. Nationstar Mortgage LLC

District Court, M.D. Louisiana · Jan 25, 2023

If the non-movant “fails to make a showing gufficient to establish the existence of an element essential to that party’s case,” summary judgment is appropriate. Celotex Corp. v. … This argument fails because paragraph (c)(8) clearly provides that “[a]t its option, a creditor may inform the applicant orally of the need for additional information.

McGhee v. Fay Servicing, LLC

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

The opposing party must also specifically reference the paragraph number of each fact being admitted, denied, or qualified. Id. … However, Plaintiffs’ opposing statement of material facts does not explain what facts Plaintiffs submit are admitted, denied, or qualified.

Joseph v. Atalco Gramercy, LLC

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

MMDI never had an established corporate relationship with Home Depot. … of the plaintiff and the forum state are so attenuated that they are “clearly outweighed by the burden of subjecting the defendant to litigation within the forum.”60 In determining whether the exercise of jurisdiction is

Menard v. Targa Resources LLC

District Court, M.D. Louisiana · Mar 3, 2021

The United States Court of Appeals for the Fifth Circuit has explained, however, that while “excluding relevant evidence in a bench trial because it is cumulative or a waste of time is clearly a proper exercise of … Plaintiff seeks to intreduce the documents to establish a single fact— that Defendant did not contest Plaintiffs eligibility for unemployment. (/d. at p. 2).

Banks v. Kottemann Law Firm

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

arising from a consumer debt; (2) the defendant attempting to collect the debt qualifies as a debt collector under the Act; and (3) the defendant has engaged in a prohibited act[.]”). … Like the Anderson court, the Court finds that “[t]hough the notice clearly establishes the source of the debt, it does not make abundantly clear that the debt is still owed” to Baton Rouge Cardiology.

Owens v. Saul

District Court, M.D. Louisiana · Sep 20, 2023

THE ALJ’S DETERMINATIONS To qualify for benefits, the claimant must establish that she is disabled within the meaning of the Social Security Act. Herron v. … The ALJ clearly presented the evidence that might have led him to include work absences in his assessment of Plaintiff’s RFC, but ultimately he did not include such a limitation.

Cain v. Exxon Mobile Corporation

District Court, M.D. Louisiana · Aug 26, 2019

Defendant argues that Plaintiff is qualifying his testimony and that Plaintiff fails to evidence a discriminatory animus. (Doc. 23, p. 3). … Based on Plaintiff’s observations, “there was clearly an effort by Mobile – based on his conduct – to ignore or disregard Plaintiff’s training”. (Doc. 29, p. 5).

United States v. Young

231 F. Supp. 3d 33 · District Court, M.D. Louisiana · Feb 6, 2017

But case law establishes that refusing to cooperate is not a protected constitutional right, so there can be no selective prosecution claim. … Conversely, Defendant “was not seeking out images of child pornography and ... clearly did not have a sexual interest in the materials.” (Id. at 9.)

Smith v. Our Lady of Lake Hospital, Inc.

135 F.R.D. 139 · District Court, M.D. Louisiana · Jan 22, 1991

The plaintiff and his attorneys have clearly and unnecessarily increased the costs of this litigation. … The conduct of the plaintiff and his lawyers was clearly designed to burden the defendants with unnecessary expenditures and was an abuse of a judicial process.

Raymond v. Unum Group

District Court, M.D. Louisiana · Mar 16, 2023

Applying this framework, clearly Plaintiffs are not entitled to summary judgment in their favor, even on a limited basis. … But any future benefits owed under the Policy must necessarily be conditioned on Mina qualifying for either the Total Disability Benefit or the Residual Disability Benefit.

Voice of the Experienced v. LeBlanc

District Court, M.D. Louisiana · Jul 2, 2024

The medical report provides that this inmate exhibited a history of abdominal pain, rash, dysthymia, panic disorder, acquired immune deficiency syndrome (AIDS), vitamin D deficiency, and hyperlipidemia, … Defendants’ own policies can, and in this case do, help to establish Plaintiffs’ case for deliberate indifference.

Collins v. Control Worx LLC

District Court, M.D. Louisiana · Sep 27, 2021

discovery that the Court may issue; and (6) order Plaintiff to reimburse Defendant for its attorney’s fees and expenses incurred as a result of this motion and other extraordinary efforts to obtain discovery to which it is clearly … “Once a party moving to compel discovery establishes that the materials and information it seeks are relevant or will lead to the discovery of admissible evidence, the burden rests upon the party resisting discovery to