Case law

Snearl v. City of Port Allen

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

WBRSO Officers Kevin Cyrus and Kenneth Young were both qualified, but they refused. (Id.) … May 24, 2019) (“To establish fraud, Plaintiff was required to allege that there was a misrepresentation of a material fact, made with the intent to deceive, which caused justifiable reliance with resultant injury.”)

Garcia v. LeBlanc

District Court, M.D. Louisiana · Jan 20, 2022

Lone Star State of Texas, 560 F.3d 316, 330-331 (5th Cir. 2009) (an award of damages under RLUIPA is barred by state’s sovereign immunity). … If Plaintiff would like to add these individuals as Defendants, Plaintiff should file a proposed amended complaint clearly stating how each Defendant is personally responsible for the alleged constitutional deprivations

Joseph v. Hartford Life and Accident Insurance Company

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

Plaintiff asserts: But the law does require that a denial be “rational and in good faith”, concrete and substantial, clearly supporting a denial. … And once a plan is established, the administrator's duty is to see that the plan is “maintained pursuant to [that] written instrument.” 29 U.S.C. § 1102(a)(1).

City of Baton Rouge/East Baton Rouge Parish v. Bank of America, N.A.

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

more than an exchange that might be construed as an agreement; it requires plausible allegations of “a conscious commitment to a common scheme designed to achieve an unlawful objective.”39 Although prices are clearly … court considered the defendant’s argument that because it was registered with FINRA, it was exempt from LUTPA.60 The court concluded that FINRA is an independent regulator and that an agency licensed by FINRA did not qualify

Electro-Mechanical Recertifiers, L.L.C. v. Samsung E&C America, Inc.

District Court, M.D. Louisiana · Jul 1, 2025

EMR has asserted multiple claims, and venue must be proper for each of them.68 The forum selection clause clearly applies to EMR’s claims for breach of contract (Counts I and II) and quantum meruit (Count III) because those … trade secret is any formula, pattern, device, or compilation of information, which is used in one’s business and presents an opportunity to obtain an advantage over competitors who do not know or use it.”102 Further, “to qualify

Taylor v. Union Pacific Railroad Company

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

Whether Plaintiff Taylor has Established a Prima Facie Case of Discrimination under FRSA 1) Protected Activity To establish … Taylor issued a slow order on a track”). 63304  from service does not qualify as a protected activity because it was part of Taylor’s job duties.”

Caro v. Brown & Brown of Louisiana LLC

District Court, M.D. Louisiana · Jan 24, 2024

alleges that he suffered from: a “lack of transparency from Brown and Brown management about client and revenue information,” a denial of access to information to allow “him to effectively plan, set goals, and ultimately qualify … A preliminary injunction will only be granted where the moving party clearly demonstrates “(1) a substantial likelihood of success on the merits, (2) a substantial threat that [the moving party] will suffer irreparable

Moore v. Excel Contractors, LLC

District Court, M.D. Louisiana · Jun 3, 2024

Johnson has alleged a plausible claim of hostile work environment, and one that is apparent from clearly established law. … As Burlington Northern explains: An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place

Lee v. Hood Container of Louisiana, LLC

District Court, M.D. Louisiana · Sep 5, 2025

Plaintiffs have not presented any evidence that specific qualifications, training, or experience was needed to qualify an employee to clean the mud tank. … Lee—alleged insubordination and job abandonment—are clearly false and pretextual.” (Doc 53 at 17.)

June Medical Services LLC v. Caldwell

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

The better view clearly is that the flexible, Rufo standard should not be limited to “institutional reform” litigation because it “is no less suitable to other types of equitable cases.” … At issue was the Arkansas Patient Protection Act of 1995 (“Arkansas PPA”) generally and the Arkansas “any willing provider” (“AWP”) law specifically, which “require[d] health care insurers to admit qualified health care

Andrews

District Court, M.D. Louisiana · Aug 13, 2026

A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the … Rice is clearly overbroad and unduly burdensome as it is not limited to precise documentation.

Gumns v. Edwards

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

People with certain pre-existing medical conditions—including chronic lung disease, asthma, heart conditions, immune deficiencies, severe obesity, diabetes, chronic kidney disease, liver disease, HIV or AIDS, prolonged … Park’s testimony established the general medical monitoring procedures taking place at Camp J.

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 · Sep 28, 2023

While both experts are qualified to provide expert testimony on this issue, the Court finds that of Captain Schropp more persuasive. … As is detailed in the Court’s Findings of Fact, Standridge was clearly drunk at the time he was killed.

North Atlantic Security Company v. Blache

District Court, M.D. Louisiana · Jan 29, 2025

North Atlantic’s license, and all of Subpart II, which could be relevant to show intent and/or a pattern of denial of due process to other similar licensees and could also be relevant to Blache’s state law discretionary immunity … To the extent their testimony establishes a purported fact with reasonable certainty,94 and it is not based on conjecture and speculation,95 it is admissible.

Kiser v. Moyal

District Court, M.D. Louisiana · Sep 18, 2024

establish that the accessed computer was ‘protected,’”81 Defendants’ argument regarding the local nature of Plaintiffs’ business is unavailing. … that generally may qualify as protectable trade secrets than as any kind of listing of particular trade secrets [the plaintiff] has a basis to believe actually were misappropriated here.”143

Byrd v. Acadia Healthcare Company, Inc.

District Court, M.D. Louisiana · Mar 23, 2022

who is qualified and authorized to provide such services under federal and state law” (Id. at 17.) … Byrd need only allege the “circumstances constituting fraud” with particularity, and the desired information does not qualify as such. (Id. at 21.)

Rushing v. Yeargain

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

Thus, looking at the totality of factors, the Court finds that Defendants fail to establish good cause for extending the fact discovery deadline. … Blanche is sufficiently qualified to be an expert is not before the Court. 74 Id. comply with the Scheduling Order.

Nguyen v. Hartford Underwriters Insurance Company

District Court, M.D. Louisiana · Jan 21, 2021

It is not necessary for a qualified professional, such as an engineer, to document the flooded sheathing material’s condition. … Clearly, FEMA intended the Claims Manual to incorporate TB2. 4.

Smith v. Edwards

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

classes of inmates who are disabled, even if they do not have the same disability.”85 The Court finds that the allegations and evidence submitted in this case clearly … representative must have common interests with the unnamed members of the class; and second, it must appear that the representative will vigorously prosecute the interests of the class through qualified

Pullen

District Court, M.D. Louisiana · Feb 23, 2026

Further, Defendant has not established that it would be prejudiced by allowing these paragraphs. … Defendant contends that the Complaint’s assertion that “‘Plaintiff was not hired due to her accent’” is a conclusory statement aimed at “establishing an element that the factual allegations do not otherwise establish.”