Case law

Gardner v. Railroad Retirement Board

57 F. Supp. 322 · District Court, W.D. Louisiana · Sep 9, 1944

And, clearly, the evidence in the record, consisting, in addition to other testimony, of numerous statements by plaintiff himself, is uncontroverted and substantial that plaintiff has never been reinstated in the service … “Undoubtedly, appellant worked until July 5, 1930; but his continuance in service beyond July 2 did not create the employment relation he needs to qualify for an annuity.

Smith v. 1st Abundant Home Care L L C

District Court, W.D. Louisiana · Aug 18, 2025

Additionally, the grounds for default have been clearly established based on 1st Abundant’s failure to appear and plaintiff is harmed by the continued delays in her case. Champion v. Phaselink Util. … Further, “services performed by employees such as companions . . . home health aides, [and] personal care aides” qualify as “domestic service employment.” 29 C.F.R. § 552.3.

Missouri v. Biden

District Court, W.D. Louisiana · Jul 10, 2023

For the reasons set forth previously in the Memorandum Ruling36 this Court found all of the Plaintiffs are likely to establish all elements of Article III standing. … The Motion for Preliminary Injunction is clearly denied as to the FDA, along with the other entities specifically noted. FED. R. CIV. P.

Dean v. Akal Security Inc

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

Akal argues that, under the predominant benefit analysis applicable to FLSA meal break cases in the Fifth Circuit, plaintiffs were afforded qualifying non- compensable meal breaks.! … However, the non-moving party does not establish a genuine dispute with ““some metaphysical doubt as to the material facts,’ by ‘conclusory allegations,’ by ‘unsubstantiated assertions,’ or by only a ‘scintilla

Eakin v. Cook Medical L L C

District Court, W.D. Louisiana · Feb 28, 2025

Defendant is a medical device production and sales company.6 Defendant was established as an Indiana company in 2003, and has its global headquarters in Bloomington, Indiana.7 Defendant is licensed to and conducts business … Roger”), even though she was more qualified.17 Plaintiff also alleges that Lauren Perry (“Ms. Perry”) covered up Defendant’s employees’ sexual harassment by deleting complaints made against Mr.

Michael Dole M D A Professional Medical Corp v. Azar

District Court, W.D. Louisiana · Nov 5, 2019

or revise any initial determination...under guidelines established by the Secretary in regulations.” 42 U.S.C §h(c)(D), §ff(a), §ff(b)(1)(G), and 42 C.F.R. §402.920. … The government is clearly shirking its statutorily required responsibility to hold a hearing before an ALJ and issue a decision within 90 days.

Prejean v. Satellite Country Inc

District Court, W.D. Louisiana · Oct 15, 2019

Defendants move the Court for summary judgment, contending that Plaintiffs cannot establish that any of the three Defendants is an employer under the FLSA. … Jenkins clearly has managerial responsibilities and exercises control of the terms and conditions of those who work for Satellite Country.

Greene

District Court, W.D. Louisiana · Oct 23, 2025

dismissal of a complaint, or any portion thereof, if a court finds it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief against a defendant who is immune … Greene clearly disagrees with the medical care he is receiving, but a prisoner’s disagreement with medical treatment is generally not sufficient to show deliberate indifference. , 463 F.3d 339, 346 (5th Cir.

Coon v. Richland Parish

District Court, W.D. Louisiana · Jun 4, 2019

The prima facie case in the ADEA context requires a plaintiff alleging unlawful termination to show that “(1) [s]he was discharged; (2) [s]he was qualified for the position; (3) [s]he was within the protected class … As a result, the affidavit clearly lies outside of the pleadings and so can only be considered on summary judgment. 9 B.

Moreland v. Lowdermilk

709 F. Supp. 722 · District Court, W.D. Louisiana · Mar 9, 1989

Accordingly, even if the court were to find — which it clearly does not — that Dr. … Lewis later qualified this statement by saying that, "In all honesty, there is probably some additional things we would have done with— based on that diagnosis. Id. at 123.

Smith v. China Manufacturers Alliance L L C

District Court, W.D. Louisiana · Jul 1, 2025

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. Tex. 2008) (citing Hawthorne Partners v. … They maintain that any interpretations or translations must come through an official, qualified interpreter at the party’s own expense.

Fletcher v. Whittington

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

Rather, the elements of negligence will constitute the “offense” that Plaintiffs must prove to establish their survival action and wrongful death action. … Clearly the Police Jury had a duty to fund and maintain the Jail. O'Quinn v. Manuel, 773 F.2d 605, 609 (5th Cir. 1985).

Morning Light Inc v. Lincoln Benefit Life Co

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

Finally—and importantly—there can be no genuine dispute as to a material fact when a party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party … The Policy clearly lists Shawna, Nicole, and Shirley as beneficiaries and Woods as its owner.21 Thus, Lincoln Benefit had no duties towards Morning Light since Morning Light was terminated as the Policy’s beneficiary and

Landry v. Singley

District Court, W.D. Louisiana · Jul 3, 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.

Marchman v. Crawford

237 F. Supp. 3d 408 · District Court, W.D. Louisiana · Feb 17, 2017

They also argue that because of this failure, Marchman cannot -overcome the Defendants’ asserted qualified immunity defenses. … Ill. 2004) (when plaintiff has not established a deprivation of a federal right, he cannot establish a conspiracy to deprive him of a federal right under § 1985).

Charles v. LeBlanc

District Court, W.D. Louisiana · Jun 6, 2025

However, as this Court has explained previously, “the Court has discretion to establish its own discovery deadlines to promote the progression of trial.” Record Document 742 at 2. … A balancing of these factors clearly indicates that the motion to stay must be denied. First, Defendants are not likely to succeed on the merits.

Pritchard v. Merakey Pennsylvania

District Court, W.D. Louisiana · Jan 17, 2020

The ADA prohibits an employer from discriminating against a “qualified individual” on the basis of a “disability.” 42 U.S.C. § 12112(a). … Without direct evidence of discrimination, establishing a prima facie case under the ADA requires a plaintiff to show that: “(1) [s]he has a disability, or was regarded as disabled; (2) [s]he was qualified for the job;

Courville v. Cardinal Wireline Specialists, Inc.

775 F. Supp. 929 · District Court, W.D. Louisiana · Oct 15, 1991

The jobs for which he would become qualified through this retraining would all pay in excess of the $5.70 per hour that he was earning, and would actually pay in the $6.25 per hour category, or more. … Photographs introduced into evidence clearly depict the stairway in question to be very steep and narrow as described by Alan Langley in his deposition.

Gonzalez-Benitez

District Court, W.D. Louisiana · Aug 4, 2026

“Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond … That said, Petitioner always knew that he was in the United States without permission, which qualifies his liberty to a degree.3 Next, the second factor—the risk of an erroneous deprivation of such interest through

P H I Inc v. Apical Industries Inc

District Court, W.D. Louisiana · May 7, 2020

allegations in a party’s pleadings in one case may be admissible as evidentiary admissions of that party in another case.8 Whether to treat such statements as binding facts is within the court’s discretion.9 To qualify … Critically, the Fifth Circuit clearly stated that this issue must be decided by a jury.