Case law

Van Winkle v. Rogers

District Court, W.D. Louisiana · Sep 9, 2022

Rule 701 permits a lay witness to give opinion testimony when it is “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and … This Ruling does not preclude Cantrell from offering testimony as to Ecotire’s policies and practices, or testimony as to the general process involved in retreading tires, provided that Defendants establish the proper

Arceneaux v. Williams

District Court, W.D. Louisiana · Oct 16, 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.

Bates v. Bass

District Court, W.D. Louisiana · Aug 26, 2025

contentions are clearly baseless. Id. … The plaintiff bears the burden of establishing that equitable tolling applies. Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998); see also Ramirez v.

Synthetic Organic Chemical Manufacturers Ass'n v. Secretary, Department of Health & Human Services

720 F. Supp. 1244 · District Court, W.D. Louisiana · Aug 28, 1989

RULING This is an action for declaratory judgment and injunctive relief challenging (a) the action of the Department of Health and Human Services (“HHS”) establishing procedures and criteria under which the Secretary of Health … Thus, these studies do not qualify as an adequate evaluation of PDCB’s carcinogenicity in mice.

Anthony v. 4th Judicial District Court

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

Furthermore, special circumstances are not necessarily established by the alleged infallibility of the federal claim. … The constitutional right to a speedy trial does not qualify as “a per se ‘special circumstance’ which would obviate the exhaustion requirement.”

TEXAS & PAC. R. CO. v. Brotherhood of Railroad Trainmen

60 F. Supp. 263 · District Court, W.D. Louisiana · Apr 17, 1945

In case both fail there is the Emergency Board which may be established by the President under § 10. … By established practice of long standing, only white firemen could be promoted to be engineers.

United States v. Duhon

104 F. Supp. 2d 663 · District Court, W.D. Louisiana · Jun 1, 2000

I think it would be an extremely difficult chore for any Court to feel satisfied at the end of the proceeding that he really clearly knew what rights he was waiving in return for a plea ... Q: If you had to defend Mr. … Fain’s testimony establishes that the use of competency restoration groups is controversial and not generally accepted in the psychological community.

Williamson

District Court, W.D. Louisiana · Jun 25, 2026

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. … App’x. 77, 78 (5th Cir. 2004) (holding that “claims that the defendants violated his constitutional rights by failing to investigate his grievances fall short of establishing a federal constitutional claim.”); Geiger v.

Tellis v. LeBlanc

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

First, precedent dictates that Charles’s claim does not qualify for the exception. … Plaintiffs clearly satisfy at least two of these elements. First, there is uncertainty existing at the outset as to the duration of each individual plaintiffs claim.

Walker v. Energy Transfer Partners L L C

District Court, W.D. Louisiana · Feb 11, 2020

McClain’s deposition does not clearly state that he expressed the same intentions to McKee after Starkey’s January 20, 2017 report that Walker was sleeping on the job. [Record Document 17-5 at 18-20]. … Without direct evidence of discrimination, establishing a prima facie case under the ADA requires a plaintiff to show that: “(1) he has a disability, or was regarded as disabled; (2) he was qualified for the job; and (3

Silver

District Court, W.D. Louisiana · Jul 8, 2026

. § 2675(a), is a limited waiver of the government’s sovereign immunity for certain tort claims brought against employees of the United States under the doctrine of respondeat superior. … The former assumption was based on work-life tables from the Bureau of Labor Statistics, while the latter assumed plaintiff would work until she qualified for her full Social Security benefit.

Garrett v. USA

District Court, W.D. Louisiana · Nov 21, 2019

That Rule clearly does not apply in this case as the motion was filed more than eight (8) months after entry of judgment. A party may also seek relief from judgment under Rule 60. … “A party making a Rule 60(b)(3) motion must establish (1) that the adverse party engaged in fraud or other misconduct, and (2) that this misconduct prevented the moving party from fully and fairly presenting his case.”

Cameron v. Auster Oil & Gas Inc

District Court, W.D. Louisiana · Sep 26, 2019

The document need not be a filing to qualify as an “other paper.”? Under some circumstances, a paper filed in another case may also qualify. Jd. … There is no dispute that Defendants qualify as “persons” under the first requirement.

Society of the Roman Catholic Church of the Diocese of Lake Charles v. Catholic Mutual Relief Society of America

District Court, W.D. Louisiana · Dec 18, 2023

Diocese alleges that Claremont created more destruction of its insured properties than what had been caused by Hurricane Laura.7 The Diocese alleges that Claremont workers were improperly trained and/or qualified … Under Louisiana law, a “contract is formed by the consent of the parties established through offer and acceptance.

Hamburg v. Norman

District Court, W.D. Louisiana · Sep 2, 2025

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. … The plaintiff bears the burden of establishing that equitable tolling applies. Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998); see also Ramirez v.

Bates v. Bass

District Court, W.D. Louisiana · May 2, 2025

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 … A plaintiff must establish that a prison official “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

Cowart v. Courtesy of Ruston L L C

District Court, W.D. Louisiana · Jul 18, 2024

Under McDonnell Douglas, the plaintiff carries the burden to prove that (1) he belongs to a protected class; (2) he was qualified for the position at issue; (3) he was the subject of an adverse employment action; and ( … Legitimate, Non-Discriminatory Reason and Pretext The Court finds that Courtesy has clearly articulated a legitimate, non-discriminatory reason for giving less work assignments to Cowart.

Wood v. Kansas City Southern Railway Co

District Court, W.D. Louisiana · Oct 3, 2024

The “analysis first requires the plaintiff to establish a prima facie case of discrimination.” Id. … Furthermore, Wood testified that he has an understanding that he needed additional hours to qualify under the FMLA. See id. at 25– 26.

Allen v. Malcolm

District Court, W.D. Louisiana · May 15, 2025

Considering the next factor, Plaintiff’s allegations do not clearly reveal any threat reasonably perceived by the defendants. … A plaintiff must establish that a prison official “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

Manning v. LA Indigent Defender Board

District Court, W.D. Louisiana · Oct 15, 2021

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. … of the alleged complaints against Sampson and thus does not establish that any complaints were sufficiently similar to his complaint.