Case law

McGonigle

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

It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent … Thus, voice calls from almost every modern telephone—most of which can text, among many other capabilities—would not qualify as a “telephone call” under § 227(c)(5).

Badillo-Rubio v. RF Construction, LLC

District Court, M.D. Louisiana · Mar 17, 2022

“Multiple individuals or entities may qualify as an employer so long as each independently satisfies this test.” Id. (citing Gray, 673 F.3d at 355). … “Additionally, an individual can qualify as an employer even without meeting each factor, so long as the individual was ‘sufficiently involved in the operation of the’ business.” Id.

Smith v. Edwards

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

The evidence established that no youth will be placed in LSP with adult inmates. … The juveniles possess a clearly recognized liberty interest in being free from unreasonable threats to their physical safety. See Youngberg v.

Guillory v. Carrington Mortgage Services LLC

District Court, M.D. Louisiana · Mar 8, 2024

(relying on Dabney and dismissing breach of contract claim based on mortgage with language nearly identical to this case because “the mortgage agreement clearly grants [the mortgagee] the authority to withhold insurance … Supp. 2d at 558 (granting summary judgment because plaintiffs presented no evidence “to establish that there was a contract . . .

Lewis v. Louisiana State University

District Court, M.D. Louisiana · Dec 1, 2023

contradictory deposition testimony in which he states he did not terminate Plaintiff: asked whether he recommended Plaintiff “be relieved of her employment,” Kelly responded that he “[n]ever” did so because he “clearly … a prima facie case of discrimination by showing that she (1) was in a protected class, (2) was qualified for the position, (3) suffered an adverse employment action, and (4) was treated less favorably than similarly situated

Pappillion v. Louisiana Department of Public Safety and Corrections

District Court, M.D. Louisiana · Mar 28, 2022

that the defendants “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any serious medical needs.”35 … Additionally, there is no evidence in the record to demonstrate either that Pappillion is (1) a qualified individual with a disability or (2) being excluded from participation in, or being denied the benefits of some service

Blackmon v. Bracken Construction Company, Inc.

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

Indeed, any further opportunity to establish either privilege would be futile. … “[B]y responding subject to its objections, including clearly denying some of the requests, while admitting part and qualifying or denying the rest of others, all with adequate explanations, defendant[s] ha[ve] responded

Green v. Residential Acceptance Corporation

District Court, M.D. Louisiana · Feb 25, 2025

RAC counters each of Plaintiff’s enumerated elements of the alleged breach, refuting each either with reference to the loan documentation (e.g., loan documentation establishes consideration), or by pointing out a lack … Plaintiff’s statement of facts demonstrates that RAC, VCI, and Midland were mortgage servicing companies collecting on Plaintiff’s home loan, and therefore do not qualify as debt collectors for the purposes of the FDCPA

Endurance American Insurance Company v. ABG Caulking Contractors, Inc.

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

According to HGS, the operative complaint clearly provides RD&M with notice as to why it is not entitled to coverage under the HGS policies. (Id.) … was not accessible due to a number of features “that [were] non-compliant with ADA Regulations;” thus, plaintiff’s claim was essentially that the non-accessibility of the property violated her rights as a qualified

C. v. BlueCross BlueShield of Louisiana

District Court, M.D. Louisiana · Sep 30, 2025

However, “[t]he term ‘express’ connotes that the policy must clearly and explicitly connect compliance to coverage.” Morris v. State Farm Fire & Cas. Co., 740 F. Supp. 3d 491, 502 (W.D. La. 2024). … Denial of benefits for care at Aspiro BCBSLA denied Plaintiffs claims for care received at Aspiro because it did “not qualify as a covered provider under the Plan”. (Doc. 122 at 12).

Atchafalaya Basinkeeper v. Bernhardt

District Court, M.D. Louisiana · Jan 29, 2024

Second, immigration and emigration corridors had been established between the UARB and TRB subpopulations. … By the time of delisting, there was “clearly documented evidence of interchange between the TRB and UARB subpopulations by way of the TRC.” Id.

Liberty Mutual Fire Insurance Company v. The Shaw Group, Inc.

District Court, M.D. Louisiana · Jun 12, 2024

Unless indicated otherwise, the facts recited herein are either admitted, qualified, or denied in such a way as to not dispute the asserted fact. See M.D La. Civ. … According to Shaw, “[i]n this case, Liberty’s demand is clearly not a loan as it involves a contract for payments due pursuant to an insurance contract.” (Id.)

Vetter v. Resnik

District Court, M.D. Louisiana · Jul 12, 2024

been made to the copyright office and duly registered therein within one year prior to the expiration of the original term of copyright.53 By establishing … Defendant says that the case “clearly contemplates that foreign rights do not revert to the author’s estate under the principle articulated in Stewart.”99 In Rohauer, a British author assigned worldwide rights

Lewis v. Commissioner of Social Security

District Court, M.D. Louisiana · Sep 10, 2021

An impairment that exhibits only some of the criteria, no matter how severely, does not qualify. Sullivan v. … correctly notes that the ALJ’s function is “not to merely sit and listen” or “process cases on an administrative assembly line,”67 the ALJ has no “duty to become the claimant’s advocate.”68 Further, the regulations “clearly

Georgetown Home Owners Association, Inc. v. Certain Underwriters at Lloyd's, London Severally Subscribing to Policy Number AMR-60507

District Court, M.D. Louisiana · Feb 2, 2021

Failing to bring in qualified professionals to timely and properly assess all of the damages; c. … Stat. § 22:868 to reverse-preempt the Convention, however, is a different matter entirely, one to which the Fifth Circuit has clearly spoken.

Hooge v. Union Pacific Railroad Company

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

Plaintiff.”42 Hooge acknowledged the grounds for UP’s objection in her Sur-Reply43 and subsequently moved to substitute the declaration with a corrected one, which the Court granted.44 The substituted declaration is clearly … p. 3 ¶¶13-14. 60029  Title VII requires an employment relationship.56 However, more than one entity may qualify

Sneed v. Abbott

District Court, M.D. Louisiana · Jul 20, 2021

Similarly, if Plaintiff clears the Heck hurdle, he clearly appears to have alleged a First Amendment retaliation claim. (See FAC ¶¶ 40–42, 86–91, Doc. 12.) … And, finally, if Defendants raise qualified immunity, Plaintiff should be prepared to address that issue with respect to the seemingly unique vindictiveness claim.

Burg

District Court, M.D. Louisiana · Mar 11, 2026

geographic location of employees whose salary was improperly reduced; the number and geographic location of managers responsible for taking the improper deductions; and whether the employer has a clearly … reduction in salary; (3) reduction in job responsibilities; (4) reassignment to menial or degrading work; (5) reassignment to work under a younger [or less experienced/qualified

JMF Medical, LLC v. Team Health, LLC

District Court, M.D. Louisiana · Sep 29, 2020

Determining whether a claim is ‘wholly insubstantial and frivolous’ requires asking whether it is ‘obviously without merit’ or whether the claim’s ‘unsoundness so clearly results from the previous decisions of (the Supreme … The Court finds that Plaintiffs do allege predicate acts that qualify as racketeering activity under RICO, a scheme that was furthered by the alleged activity, and how the alleged activity defrauded and damaged Plaintiffs

Lewis v. Louisiana State University

District Court, M.D. Louisiana · May 17, 2023

Crochet and Bob Barton) who not only have no relevant testimony to provide [related to Plaintiff’s Title IX and Title VII claims], but for whom [the Board] has asserted attorney client privilege and work product doctrine/immunity … La. 105) (“Federal case law clearly holds that a corporation’s attorney-client privilege belongs to the corporation, not the corporation’s officers Accordingly, the Court finds this second argument meritless.