Case law

United States v. Bottini

19 F. Supp. 2d 632 · District Court, W.D. Louisiana · Feb 12, 1997

The court cannot find clearly from the evidence that Mr. … This court finds that clearly Mr. Bottini did not comply with the cited regulation.

Buxton v. Acadian Production Corp.

35 F. Supp. 543 · District Court, W.D. Louisiana · Oct 14, 1940

Such, beyond question, is the established doctrine of the Supreme Court of Illinois. In Blair v. … After further examination, I am of the view as stated in the original opinion, the real controversy is one of management and control of the lease, which is clearly an issue in the suit by Iberia against Acadian and others

Ayers v. Packaging Corp of America Inc

District Court, W.D. Louisiana · Oct 27, 2020

Furthermore, as described above, acceptance was clearly manifested by performance when Elite began the work described. … Accordingly, they have not met their burden of rebutting the presumption established under § 23:1061(A)(3).

Rolls v. Packaging Corp of America Inc

District Court, W.D. Louisiana · Oct 27, 2020

Furthermore, as described above, acceptance was clearly manifested by performance when Elite began the work described. … Accordingly, they have not met their burden of rebutting the presumption established under § 23:1061(A)(3).

Maddox v. International Paper Co.

105 F. Supp. 89 · District Court, W.D. Louisiana · Jul 18, 1951

We sustain it as above qualified. L.S.A.-Revised Civil Code of Louisiana, Articles 3536, 3537; Jones v. Texas & P. Ry. Co., 125 La. 542 , 51 So. 582 ; Spyker v. … Clearly, Maddox has never been so paid. The record is replete with circumstances and overt acts by the defendant company, whereby Maddox was lulled into believing that the pollution was to be totally corT rected.

Prejean v. Satellite Country Inc

District Court, W.D. Louisiana · Jul 24, 2020

Standard of Review Federal Rule of Evidence 702 establishes the standards for admissibility of expert testimony to assist a trier of fact in understanding evidence or determining … Theriot clearly states in a footnote that this information was taken from Prejean’s Complaint and is not his “opinions.”

Sampy v. Unknown

District Court, W.D. Louisiana · Jul 13, 2023

Rather, the plaintiff must show that officials refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a … facts which tend to establish deliberate indifference on the part of the defendant. 3.

In Re: M/V Ram XVII

District Court, W.D. Louisiana · Dec 11, 2024

The Fifth Circuit has adopted the two-part test established in Chandris to determine whether a maritime worker qualifies as a seaman: “(1) ‘must contribute to the function of the vessel or to the accomplishment of its … Furthermore, no testimony can clearly point to what caused Rose’s incident with the casing.

Crocker v. Austin

District Court, W.D. Louisiana · Jun 22, 2023

“The party invoking federal jurisdiction bears the burden of establishing its existence.” Steel Co., 523 U.S. at 104. … In sum, Plaintiffs have not established that any of the exceptions to the mootness doctrine apply to their case.

Rideau v. Luna

District Court, W.D. Louisiana · Sep 26, 2022

Hearsay evidence and unsworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent evidence. See Martin v. John W. … Plaintiff argues that Luna’s guilty plea establishes that he violated La. R.S. 32:79, which means that he was negligent per se. See id. at 7.

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Dec 19, 2019

The district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law. … Plaintiffs respond that the only established limitation upon Section 1983 punitive damages is that they may not be sought against a public body. City of Newport v. Fact Concerts, Inc., 453 U.S.247, 271, (1981).

Currie v. Matson

33 F. Supp. 454 · District Court, W.D. Louisiana · Jun 4, 1940

It is accepted mutually that the two McCormicks were qualified directors. … We think it clearly applicable and sustain it.

Phallon Tillis v. Jonathan Rogers et al

District Court, W.D. Louisiana · Nov 3, 2025

responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.9 It is undisputed that the 2015 GMC pickup truck operated by Rogers qualifies … Because the Plaintiffs’ alleged bodily injury—death of Linda Tillis—arose out of the use of an auto by an alleged insured (Miriam’s Furniture through its employee), the Aircraft, Auto or Watercraft Exclusion is clearly

Smith v. Swift Transportation Co.

915 F. Supp. 2d 766 · District Court, W.D. Louisiana · Jan 9, 2013

Webster’s Dictionary defines “related” simply as “connected by reason of an established or discoverable relation.” Webster’s Third New International Dictionary 1916 (1986). … This connection is substantial enough in order to indicate clearly that Smith’s claims do actually “relate to” the provisions of the forum selection clause.

Sam v. Bayou Holdco Inc

District Court, W.D. Louisiana · Apr 11, 2025

* Under the LHWCA, an employer is immune from tort liability for ’ Lindsey v. Sears Roebuck and Co., 16 F.3d 616, 618 (Sth Cir. 1994) (internal citations omitted). 8 FED. R. CIV. … He returned to Bayou’s facility in either October of 2020 or April of 2021, where he remained until his accident on April 29, 2021.79 Under these facts, the Court finds Plaintiff clearly acquiesced in his work situation

Robin v. Binion

469 F. Supp. 2d 375 · District Court, W.D. Louisiana · Jan 4, 2007

Defendants maintain that the broad release and waiver language in the 1999 Buyout Agreements establishes that, as a matter of law, each of the Plaintiffs clearly released and waived any and all claims known or unknown which … Such provisions clearly suggest a contract to sell, as compared to a contract of sale. The record evidence establishes the Stock Purchase Agreement was a contract preparatory to the actual sale of the HGHC stock.

Alina LLC v. State Farm Fire & Casualty Company

District Court, W.D. Louisiana · Aug 31, 2026

The enormous disparity between those estimates plainly established a disagreement regarding the amount of loss. … Here, the undisputed facts establish that the parties had dramatically competing estimates by October 24, 2024.

Ragona v. Louisiana Workforce Commission

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

support this claim Plaintiff asserts only that, “[o]ne has a hard time believing that if Ragona was female, he would not have been provided all of these protections,” and that “Ragona was male and Daigrepont was female – clearly … The McDonnell Douglass framework requires the plaintiff to establish that he: (i) had a disability or was regarded as disabled; (ii) was qualified for the job; and (iii) was subject to an adverse employment decision because

United States v. City of Monroe

513 F. Supp. 375 · District Court, W.D. Louisiana · May 19, 1980

As the figures in Appendix VI clearly show, the MCSS went from 50.5 per cent white in 1965 to 27.3 per cent white in 1978-79. … Before turning to the intradistrict aspects of this case, the court must address one final issue: the refusal to qualify Ms.

Trimble v. City of New Iberia

73 F. Supp. 2d 659 · District Court, W.D. Louisiana · Nov 23, 1999

The responding party may not rest on mere allegations made in the pleadings as a means of establishing a genuine issue wor *663 thy of trial. Anderson v. … The Ordinance leaves only an individual law enforcement officer to decide whether particular conduct qualifies as “and the like”.