Case law

Lewis v. United States

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

Furthermore, the Court had previously clearly ordered Defendants to include in the record “those materials dating back to the inception of this process.” (Doc. 85 at 1.) … The dissent noted that “the dictionary treats ‘streams’ as ‘waters’ but has nothing to say about whether streams must contain water year round to qualify as ‘streams.’”

Washington-St. Tammany Electric Cooperative, Inc. v. Louisiana Generating, LLC

District Court, M.D. Louisiana · Feb 18, 2020

Further, "[a]ll other terms and conditions shall be established by agreement between the purchaser and the Seller." … Okla. 1987) is inappropriate because that case involved a motion to dismiss under sovereign immunity grounds which is a dispositive motion. (Doc. 197 at 14.)

Owens v. Louisiana State University

District Court, M.D. Louisiana · Dec 22, 2023

Mize-Robertson offers qualified responses to all of the Board’s other Undisputed Facts. 9 R. Doc. 182 at ¶ 242. 10 Id. … heightened risk claim based upon an official policy is unavailable, as the Supreme Court has implicitly recognized a heightened risk claim based upon an institution’s official policy.52 Additionally, the Fifth Circuit clearly

Lamar Advertising Company v. Zurich American Insurance Company

District Court, M.D. Louisiana · Mar 29, 2021

4 In its reply SMF, Lamar requests that the Court strike Zurich’s above response because the record materials Zurich cited do not support its “qualified” response. (Doc. 129-1 at 2–3.) … sufficient to preclude summary judgment because it did not identify specific evidence in the record: (a) that Lamar did not sustain at least $1 in lost business income attributable to its office; (b) that a Policy exclusion clearly

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Feb 18, 2020

Our precedent establishes that a jailer has a duty to ensure that inmates are timely released from prison. … Such a result would clearly run afoul of the aspiration, if not the rule, announced in Marbury v.

Clark v. Auger Services, Inc.

District Court, M.D. Louisiana · Mar 10, 2020

In moving to dismiss this claim, Defendants contend that Plaintiff has failed to plead sufficient facts and the necessary elements to establish a constructive discharge claim. (Doc. 50, pp. 29-32). … Specifically, the allegations of multiple incidents involving a noose and allegations of co-workers telling Plaintiff that they wished that he had died clearly rise to a highly egregious level of harassment and humiliation

Wessinger v. Cain

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

The state objected to Beard’s enrollment over concerns that he was not qualified to defend a death penalty case and over concerns that Wessinger would seek public funds to finance his case. … The precise contours of the cause requirement have not been clearly defined. See Amadeo v. Zant, 486 U.S. 214, 221(1988). See also Jamison v. Lockhart, 975 F.2d 1377, 1379-80 (8th Cir.1992).

Acosta v. Master Maintenance

192 F. Supp. 2d 577 · District Court, M.D. Louisiana · Dec 18, 2001

Clearly this was for the benefit of all plaintiffs. … Plus interest recovered on qualified settlement fund. 21 . Undray D. Ford, et al v. Ernie Elsbury, et al No. 92-4154 and William Smith, et al v. Ernie Elsbury, et al, No. 93-3746 and Marie Oliva Aaron, et al v.

Road Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO v. CCR Fire Protection, LLC

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

If the Settlement Agreement was a binding contract, then CCR is clearly liable. … App'x 417, 419–20 (5th Cir. 2006) (“It is well established that the terms of an oral contract must be clear, certain and definite.

MMR Constructors, Inc. v. JB Group of LA, LLC

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

Pa. 2014) (under Pennsylvania law, customer lists can qualify for trade-secret protection, but “[a]Jn employee’s personal business contacts, although made while in plaintiffs employ, are not plaintiffs … Independent Economic Value Defendants next argue that the testimonies of Gaudin, Mason, Hoover, and Hollier establish that the estimating tools allegedly taken from Plaintiff have no independent economic value

Bracken v. Welborn

District Court, M.D. Louisiana · Jul 14, 2021

Document Number: 67937  1 “statements of fact” offered by Plaintiff that mischaracterize or clearly contradict the record citation offered in support. … To establish a prima facie case of retaliation under the traditional McDonnell Douglas framework, “the plaintiff must establish that: (1) [s]he participated in an activity protected by Title VII; (2) h[er] employer

Byrd v. Acadia Healthcare Company, Inc.

District Court, M.D. Louisiana · Mar 18, 2021

Again, Relator relies on 42 U.S.C.A. § 1396r-4(d), which provides in relevant part: (d) Requirements to qualify as disproportionate share hospital (1) Except as provided in paragraph (2), no hospital … to establish that the conduct was protected by an exception.”

Williams v. Franciscan Missionaries of Our Lady Health System, Inc.

District Court, M.D. Louisiana · Feb 18, 2020

When relying on circumstantial evidence of discrimination, a Title VII/Section 1981 Plaintiff must first establish a prima facie case of employment discrimination by showing: (1) she belongs to a protected class; (2) … Plaintiff’s EEOC charge clearly asserts only a claim of discrimination based on race and gender. (Doc. 25-2). Plaintiff does not dispute this.