Case law

Owens v. Louisiana State University

District Court, M.D. Louisiana · Dec 31, 2023

Doe denies or offers qualified responses to all of the Board’s other Undisputed Facts. 8 R. Doc. 485-1 at ¶¶ 1, 2; R. … pervasive,113 Plaintiffs fail to establish that Poe’s conduct meets that standard.

C. Robinson Enterprises, LLC, et al. v. Alm Baton Rouge, LLC and Amazon.com Services, LLC; C. Robinson Enterprises, LLC, et al. v. Amazon Logistics, Inc. and Missy A. Stoker

District Court, M.D. Louisiana · Jan 16, 2026

However, Kling Realty Co. clearly holds that Canter does not apply to cases that only involve economic damages, and that case did not draw the distinctions made in Dugas. … In fact, Spurney notes that corporate officers are immune from liability for negligent contractual interference. Spurney, 538 So.2 d at 232.

Atchafalaya Basinkeeper v. U.S. Army Corps of Engineers

District Court, M.D. Louisiana · Mar 25, 2020

The agency may even rely on the opinions of its own experts, so long as the experts are qualified and express a reasonable opinion.60 Moreover, even if a court … (citing Sabine River, 951 F.2d at 678; Marsh, 490 U.S. at 378, 109 S.Ct. 1851 (“[w]hen specialists express conflicting views, an agency must have the discretion to rely on the reasonable opinions of its own qualified experts

Hotard v. Sam's East, Inc.

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

As Sam’s argued, Plaintiffs have failed to establish a genuine issue of material fact that (1) Mrs. … (citing, inter alia, Dowdy, 78 So. 3d at 799 (“Clearly, the use of the public facility by the plaintiff and all pedestrians has social utility.”).

Harding v. Edwards

District Court, M.D. Louisiana · Sep 16, 2020

establishes that the state’s maintenance of limited absentee by mail voting imposes a burden on their right to vote. … But his testimony does not establish that individual voters are not burdened by virus exposure in public polling places. Additionally, as Plaintiffs’ expert Dr.

Venable v. EnLink Midstream Operating, LP

District Court, M.D. Louisiana · Feb 20, 2020

 Plaintiff denies fact #4, but his statement clearly qualifies fact #4 as he does not deny that Plaintiff was also managed by Vaughn, Cormier, and Gibson, but adds that Plaintiff was also … “For an employee to establish a claim under La.

Giroir v. LeBlanc

District Court, M.D. Louisiana · Mar 30, 2022

Jan. 28, 2020) (“[I]t is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.”)). … For one, Defendants fail to clearly identify what about the Complaint is overbroad. (Id. at 4.)

Peters v. Singh

District Court, M.D. Louisiana · Feb 20, 2020

Thus, Plaintiffs fail to establish that Defendants had a policy of no surgical intervention for reducible hernias. … The Fifth Circuit has clearly held that “a disagreement with his medical treatment”134 is insufficient for a plaintiff to state a constitutional claim.

Genusa v. Asbestos Corp.

18 F. Supp. 3d 773 · District Court, M.D. Louisiana · May 8, 2014

Similarly, SSA/ Ryan opposes Genusa’s motion to remand, relying on arguments found in its motion for partial summary judgment, which claims that the stevedore employers have immunity from Genusa’s state tort claims under … In determining whether a state tort claim is preempted by Section 301, the court must determine whether the tort action “confers nonnegotiable state-law rights on employers or employees independent of any right established

Lockwood v. Our Lady of the Lake Hospital, Inc.

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

In granting summary judgment in favor of the hospital, the court highlighted problems with the plaintiff’s summary judgment evidence: At first blush, it would appear disputes of material fact clearly preclude summary … Technology is imperfect, and the Department of Justice undoubtedly appreciated as much when it adopted the relevant regulations approving VRI as a means for providing a qualified interpreter.

Vannoy

District Court, M.D. Louisiana · Feb 25, 2026

See also Williams, 529 U.S. at 409 (“[A] federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable … established federal law or an unreasonable determination of the facts in light of the evidence presented at the trial.

Francois v. Our Lady of the Lake Foundation

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

he signed, Deshotel also verbally spoke the words he was signing through ASL to Plaintiff.41 Deshotel attested that, during this meeting, he had no difficulty communicating effectively with Plaintiff; he was able to clearly … The law requires that a plaintiff clearly request an accommodation; it is not to be assumed by the hospital.

Stewart v. Quality Carriers, Inc.

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

Defendants respond that Smith is qualified as an accident reconstruction expert in both education and experience. (Doc. 45, p. 3). … After permitting both Smith and Walton’s testimony, there is clearly a core factual dispute between the parties regarding the cause of the accident—namely, whether the Craige Kia or Baylor trailer merged into the other

Broussard v. Exxon Mobil Corporation

District Court, M.D. Louisiana · Sep 13, 2024

The Supreme Court has “observed repeatedly that this broadly worded provision is ‘clearly expansive.” Kgelhoff v. Egelhoff, 532 U.S. 141, 146 (2001). … The mere fact that Defendant began to pay Plaintiff shift differential pay in 2021 does not, alone, establish that Plaintiff was owed such pay earlier.

Harmony Behavioral Health Services, LLC v. Kent

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

He, like the EFP Defendants, argues that Plaintiff has failed to plead sufficient facts to establish a Monell claim against the municipality. (Id.) … In the Fifth Circuit, the standard “to establish a prima facie case under either statute” requires that the plaintiff show: (1) that he is a qualified individual . . .; (2) that he is being excluded from participation

Talamo v. State Farm Mutual Automobile Insurance Company

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

According to Defendant, Plaintiff is not an insured because (1) he is not a named insured and (2) he does not qualify as a “resident relative” of Ms. Talamo under the terms of the policy. (Doc. 16-2 at 1.) … Finally, in response to Plaintiff’s assertion that he received mail at the Parlange address, Defendant argues that the two items Plaintiff pointed to (i.e., monthly gym bill and bank statements) are clearly outweighed by

Summers v. State of Louisiana, Department of Health and Hospitals

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

but remains detained at ELMHS.4 Three other similar cases have been filed in this Court by patients residing at ELMHS.5 Plaintiff asserts that all four patients who filed suit against the LDH, including himself, are qualified … “However, when a public policy interest weighs against disclosure, disclosure may nevertheless be required where: (1) material is clearly relevant; and (2) the need for disclosure is compelling because the information sought

Singleton v. East Baton Rouge Parish School Board

District Court, M.D. Louisiana · Aug 13, 2022

The State Court Petition also sought to enjoin the School Board, the Clerk of Court and the Secretary from permitting any persons to qualify for an election, prepare any ballots, and/or conduct any election based on Plan … Rather, here, “[P]laintiffs have not established that the changes are feasible without significant cost, confusion, or hardship.” Merrill, 142 S.

Francois v. General Health System

District Court, M.D. Louisiana · May 11, 2020

However, the courts have held that such a foundation must be established before the opinion is admissible. … Also, rehab…He did have at BRG; establishes that Mr. Francois was Rule 403.

Robertson v. Louisiana Board of Pardons

District Court, M.D. Louisiana · Nov 9, 2023

Accordingly, in the absence of any allegations of fact suggesting that the Board of Pardons failed to review and consider his application before rejecting it, this claim is lacking in constitutional merit.107 As clearly … The parallel proceeding remains pending in state court; the state court is imminently qualified to determine whether any separation of powers violations have occurred under the Louisiana state constitution,