Case law

Selim v. Fortay Roofing & Construction L L C

District Court, W.D. Louisiana · Jun 29, 2023

Rd, Lake Charles, Louisiana, following damage caused by Hurricanes Laura and Delta.1 Plaintiffs allege that they were in need of post-hurricane repairs, and Fortay, by holding itself out as very experienced, highly qualified … Unless the law prescribes a certain formality for the intended contract, offer and acceptance may be made orally, in writing, or by action or inaction that under the circumstances is clearly indicative of consent.

LeBlanc v. Anderson

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

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.

Chambless Enterprises L L C v. Redfield

District Court, W.D. Louisiana · Dec 22, 2020

The statute at issue here clearly passes muster under this precedent. … After thoroughly reviewing the record and the evidence cited therein, this Court finds that Plaintiffs have not clearly established their burden of persuasion as to any of the four prerequisites.

Whatley v. Hopewell

District Court, W.D. Louisiana · Oct 19, 2022

§ 12117). 7 For the purposes of Plaintiff’s failure-to-accommodate claims, the Court assumes that Plaintiff can establish that: (i) she is a qualified individual … As a woman, Plaintiff qualifies as a member of a protected class. See Lauderdale, 512 F.3d at 163. A.

Pellerin v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Dec 20, 2023

These claims implicate Louisiana’s discretionary immunity statute.119 La. Rev. … state and federal courts have held that Louisiana’s discretionary immunity statute immunizes officers from state-law negligent training, hiring, supervision, and retention claims.122 In the present case, the Complaint

Blum v. A T & T Corp

District Court, W.D. Louisiana · Sep 12, 2025

The record in this case establishes that the parties were afforded a period of jurisdictional discovery beginning on or about December 27, 2023, with the Court’s order establishing a January 9, 2024 deadline for Plaintiffs … Derivative Sovereign Immunity In their opposition to Plaintiffs’ motion, Defendants raise for the first time the additional federal defense of derivative sovereign immunity.

Graham v. Evangeline Parish Sch. Board

223 F.R.D. 407 · District Court, W.D. Louisiana · Sep 1, 2004

for Intervention cannot establish the fourth requirement for intervention as of right, that the existing parties cannot adequately represent their interests. b. … Clearly, the proposed intervention would delay the continued efforts to desegregate the Evangeline Parish Schools.

Stallion

District Court, W.D. Louisiana · Dec 8, 2025

. § 1331 has been established. … Stallion alleges only that he has HS which has been found to be a qualifying disability by the Social Security Administration in certain situations.

Duncan v. Wiggins

District Court, W.D. Louisiana · Feb 10, 2020

As this prescriptive period also clearly ran before Plaintiff filed suit, Plaintiff’s state law false arrest/imprisonment claims are likewise prescribed. D. … Furthermore, to the extent Plaintiff asserts negligent hiring, training, and/or supervision claims against Bossier City directly, such claims likewise fail as Bossier City is entitled to Louisiana’s discretionary acts immunity

Porter v. Lafayette General Surgical Hospital L L C

District Court, W.D. Louisiana · Aug 12, 2019

To establish the improper joinder of a non-diverse defendant, the removing defendants must demonstrate actual fraud in the pleading of jurisdictional facts, or the inability of the plaintiff to establish a cause of action … It clearly involves the responsibility of a healthcare provider with regard to “defects in or failures of prosthetic devices implanted in or used on or in the person of a patient.” La.Rev.Stat. § 40:1299.41(a)(13).

E Z Aces Gaming Inc v. Penn-America Insurance Co

District Court, W.D. Louisiana · Nov 28, 2022

Evidence should only be excluded in limine where it is “clearly inadmissible on all potential grounds.” Hull v. Ford, 2008 WL 178890, at *1 (S.D. … A plaintiff must establish the admissibility of the testimony under Article 702 of the Federal Rules of Evidence.

Beckman v. Edwards Lifesciences L L C

District Court, W.D. Louisiana · Sep 25, 2023

However, what people told her that they heard someone else say is clearly inadmissible. In Hamilton v. … Timing alone is not enough to establish evidence of pretext. Id. at 300.

Miller v. Upper Iowa University

District Court, W.D. Louisiana · Nov 9, 2021

Picard has shown she was qualified for her position as adjunct professor: she has a B.S. in business, an MBA, and a law degree. ECF No. 94 at 2. … UIU was clearly aware of the federal laws prohibiting discrimination, harassment and retaliation, adopted policies to incorporate those laws, provided procedures to address employee complaints for policy violations

Elder v. Bass

District Court, W.D. Louisiana · Aug 27, 2024

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 from such relief. … 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.

Pickard v. Amazon.com Inc

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

Considering the summary judgment evidence presented, Amazon clearly meets this definition of a “distributor.”10 B. … In its Motion, Amazon argues that even if it assumed a duty, Plaintiffs cannot establish reliance because “they can offer no evidence that [Mr.]

Fruge v. ULTERRA DRILLING TECHNOLOGIES, LP

724 F. Supp. 2d 631 · District Court, W.D. Louisiana · Jul 14, 2010

“[Wjhere extrinsic evidence of intent was introduced for the purpose of divesting persons qualifying as an insured of their rights under the express terms of the policy [extrinsic evidence should not be considered].” … Counsel for Chubb points out, and the Court agrees, that the cases cited by Amerisure in support of its argument that Chubb lacks legal standing are clearly distinguishable from the case at bar.

Adams v. School Board of Franklin Parish

District Court, W.D. Louisiana · Apr 6, 2021

However, Adams has failed to show that she clearly possessed superior qualifications. … The Court finds that Adams has failed to establish a prima facie case of racial discrimination, in that she has failed to establish disparate treatment.

Parker v. Benteler Steel

District Court, W.D. Louisiana · Aug 20, 2019

“A motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and … First, Parker challenges the dismissal of her failure to accommodate claim by suggesting that she was qualified to perform Benteler’s bar saw operator position.

Claiborne v. HUB Enterprises, Inc.

918 F. Supp. 2d 579 · District Court, W.D. Louisiana · Jan 23, 2013

Clearly, the alleged behavior was not so severe or pervasive that it prevented Plaintiff from performing her job. … “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.” Id.

Price v. International Paper Company

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

After a qualifying absence, the employer must restore the employee to the same position or position comparable to that held by the employee before the leave. … IP also argues that Price did not notify IP of his intention to take leave on July 20, 2018, or on August 7, 2018, which he is legally required to do.16 IP also maintains Price was clearly advised as part of his May 10