Case law

Carter v. City of Shreveport

District Court, W.D. Louisiana · Apr 16, 2021

Defendants also attack the issue of causation before finally arguing the officers are entitled to qualified immunity on Plaintiff’s failure to accommodate claim. See id. at 17-20. A. … At the current stage, this is sufficient to establish a genuine dispute of material fact and any argument that Jailers were unaware of his bed sores or how to prevent their worsening cannot be accepted.

Traylor v. Southern Components Inc

District Court, W.D. Louisiana · Aug 1, 2019

To do so, a Title VII plaintiff must establish that he or she: (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment … Because his termination is clearly an adverse employment action, the question is whether Traylor can establish a causal connection between his announcement to Wells that he would file an EEOC charge and his termination

Mace v. Williams

District Court, W.D. Louisiana · Aug 4, 2025

Clearly, Plaintiff has not satisfied the “actual injury” requirement as he makes no claims of injury in his complaint or amended complaints. … There is no clearly defined law which would require the doctor or nurse to examine and question Plaintiff in a particular setting or in extreme privacy.

Vaughn v. Hobby Lobby Stores Inc

District Court, W.D. Louisiana · May 19, 2021

Thus, the first criteria of the DSM-5 for PTSD is clearly not satisfied, according to Hobby Lobby. … Orazio is without question qualified to diagnose the condition of PTSD. Vaughn further asserts that, in addition to being qualified to render a diagnosis of PTSD, Dr.

Louisiana Environmental Society, Inc. v. Brinegar

407 F. Supp. 1309 · District Court, W.D. Louisiana · Jan 28, 1976

Had Congress intended that the amendment had a retroactive effect, that purpose of course would have been clearly shown in the amendment itself. … For example, the Introduction to the EIS Supplement clearly establishes that it was the federal defendants critical analysis which prompted the preparation of the Supplement.

Austin v. Massanari

162 F. Supp. 2d 517 · District Court, W.D. Louisiana · Jul 20, 2001

An impairment that manifests only some of those criteria, no matter how severely, does not qualify. Sullivan v. Zebley, 110 S.Ct. at 891 . Listing 11.11 states: 11.11 Anterior poliomyelitis. With: A. … Baker’s diagnosis of depression did not clearly state it was connected to his alcoholism. However, in the assessment of ability to do work-related activities, Dr.

Walling v. Peavy-Wilson Lumber Co.

49 F. Supp. 846 · District Court, W.D. Louisiana · Apr 15, 1943

The record fully establishes that this was a room added to his house by Sam Jones with free lumber, and on which he paid no rent. … Up to October 7, 1940, this organization made loans to its members only but as of that date it qualified under the Florida Small Loan Act, F.

D & J Investments of Cenla L L C v. Baker Hughes a G E Co L L C

District Court, W.D. Louisiana · Aug 11, 2021

(stating that “[i]mposing a duty on DEQ to bear the cost of testing and remediating sites upon which material has been allegedly deposited from a private drilling company would clearly be contrary to the policy set forth … While Eleventh Amendment immunity is a jurisdictional matter, preclusion is not.

Addison v. Huye

District Court, W.D. Louisiana · Aug 26, 2024

When a case is at the pleading stage, a plaintiff must “clearly . . . allege facts demonstrating each element” of the standing requirement. Landrum v. Blackbird Enterps., LLC, 214 F.Supp.3d 566, 569 (S.D. … Accordingly, it appears plaintiffs have no claim of injury qualifying for Article III standing.

McCleary v. Elekta Inc

District Court, W.D. Louisiana · Oct 18, 2019

The legislature clearly intended the LPLA to serve as the only means of recovery against a manufacturer for damage caused by their product. … There the courts found the LPLA’s exclusivity provision was not applicable because manufacturers cannot use the LPLA as a shield to immunize them from all tort liability.

Tellis v. LeBlanc

District Court, W.D. Louisiana · Sep 20, 2021

Plaintiffs have established, and Defendants do not dispute, that the ADA and RA apply to DWCC. Pa. Dep’t of Corr. v. … The Court, therefore, concludes that Plaintiffs have established the requirements to certify a class under Rule 23(b)(2).

Thomas v. C C C

District Court, W.D. Louisiana · Aug 8, 2024

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. Id.

Kingsley v. Bass

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

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. Id.

Sylvester v. Talos Energy Offshore L L C

District Court, W.D. Louisiana · Sep 25, 2024

An expert witness is qualified by their “knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … Gruber, the Fifth Circuit established four factors to consider when determining whether a party was justified in failing to disclose an expert witness. 2023 WL 8643633, at *4.

Crowe v. Smith

848 F. Supp. 1258 · District Court, W.D. Louisiana · Mar 28, 1994

The Fifth Circuit clearly held in Landry that an organization which gained benefit from its agent’s wrongful acts might be held vicariously liable under § 1962(b). 901 F.2d at 425 (citing Liquid Air Corp. v. … The court in the leading Spiegel case warned, however, that “[n]or should our opinion be read to immunize lawyers who are principals in a fraudulent scheme.” 609 F.Supp. at 1089 .

Cunningham v. Shreveport

District Court, W.D. Louisiana · Aug 22, 2019

Plaintiff reported to SPD on June 26, 2017, to qualify with his service weapon. Id. at { 22. … Moreover, “[s]incerity is generally presumed or easily established.” Moussazadeh, 703 F.3d at 791.

Johnson Controls, Inc. v. Guidry

724 F. Supp. 2d 612 · District Court, W.D. Louisiana · Jul 12, 2010

Even then, the geographic territory of the Lafayette branch was not clearly defined; the western boundary fluctuated (initially ending at Crowley and thereafter ending in Jennings) and the northern boundary was non-existent … Determining whether information qualifies as trade secrets is a question of fact. Ferrellgas, 2010 WL 1010831 , at *7 citing Corrosion Specialties and Supply, Inc. v.

Charlie Jerome Lee v. Bossier Parish Sheriff’s Department, ET AL.

District Court, W.D. Louisiana · Feb 11, 2026

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. Id.

Godfrey v. Honeywell International Inc

District Court, W.D. Louisiana · Feb 17, 2022

Godfrey thus has failed to establish a prima facie case of race discrimination. … Godfrey also contends that these white co-workers clearly did not just return from FMLA leave. Id.

Developers Surety & Indemnity Co v. Cercontec L L C

District Court, W.D. Louisiana · Mar 13, 2020

However, a default judgment does not establish the amount of damages. Id. … Factors relevant to the entry of a default judgment include whether material issues of fact are at issue, whether there has been substantial prejudice, whether the grounds for default are clearly established