Case law

Brown v. Talbot

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

The FTCA waives some of the federal government’s sovereign immunity from citizen suits, and it establishes the exclusive liability of the federal government for common law torts committed by government employees acting … To be “colorable,” a defendant’s asserted federal defense need not be “clearly sustainable,” since Section 1442 does not require a federal officer or a person acting under her “to win his case before he can have it removed

Stevens v. Dunn

District Court, W.D. Louisiana · Aug 29, 2019

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.

Milburn v. Proctor Trust Co.

32 F. Supp. 635 · District Court, W.D. Louisiana · Apr 15, 1940

“We regard the law relative to notices to heirs in successions, as requiring such, only where the successions are really or apparently solvent, and it is proposed to establish and apportion a residue among the heirs of the … However, after study and examination of the law and jurisprudence of the state of Louisiana, we are of the opinion that the content of the above items (b), (c), (d) and (f) qualify clearly as “informalities in public sales

Sterling Automotive Group Inc v. Ramayo

District Court, W.D. Louisiana · Dec 18, 2020

Stewart is qualified as an expert to opine on the damages incurred by Plaintiffs as a result of Defendant’s actions.’ 10. _Dr. … warranted, the Fifth Circuit has outlined six factors that courts should consider: (1) whether material issues of facts exist; (2) whether there has been substantial prejudice; (3) whether the grounds for default are clearly

Thomas v. St Martin Parish

District Court, W.D. Louisiana · Jun 9, 2023

Clearly defines its theme, includes theme integration throughout the magnet school plan, and describes how the plan will be embedded in all aspects of the magnet schools, including all courses to the … Therefore, the District shall make every effort to recruit high quality, well-qualified faculty and staff to the magnet school.

Whitlock

District Court, W.D. Louisiana · Oct 9, 2025

Before embarking on this inquiry, however, the courts ordinarily must determine whether application of the statute to the facts of this case qualifies as a retroactive application at all. Id. … Just as clearly . . . that part which provides that the action may be brought against either the insurer alone or against both the insured and the insurer jointly is procedural . . .” Elbert v. Lumberman’s Mut. Cas.

Bonadona v. Louisiana College

District Court, W.D. Louisiana · Aug 28, 2019

; (2) the record is devoid of any competent evidence establishing intentional discrimination; and (3) the claims violate the “Free Exercise” and “Establishment” clauses of the First Amendment. … Yet, Mason’s deposition testimony clearly indicates Charles’ “feeling” was misplaced.

Miller v. Lenard Enterprises L L C

District Court, W.D. Louisiana · Nov 13, 2019

Miller argues that he has established a willful violation based on his repeated complaints to his employer about his pay. … A finding that the employer did not act willfully is insufficient to establish that it acted in good faith. Clark v.

R S B C O v. United States

District Court, W.D. Louisiana · Mar 23, 2022

A plaintiff must allege sufficient facts to establish each element of his or her cause of action. In re: Plywood Antitrust Litig., 655 F. 2d 627, 641 (5th Cir. 1981), cert. denied, 462 U.S. 1125 (1983). … Additionally, the Government maintains that implementing regulation 26 C.F.R. § 301.6721-1 clearly contemplates the late resubmission of erroneous original returns.

De La Miya v. Division Judges 14th Judicial District Courts

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

dismissal of the complaint or any portion thereof if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … To the extent he alleges a denial of medical care, plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

In Re: Prosper Operators Inc

District Court, W.D. Louisiana · Aug 23, 2019

To establish a sufficient temporal connection, a plaintiff must show that he spends at least 30 percent of his time in service of a vessel or an identifiable group of vessels. Roberts v. … Fixed platforms do not qualify as vessels. Becker v. Tidewater, Inc., 335 F.3d 376, 391 (Sth Cir. 2003). 2.

Alford v. Illinois Cent. R.

86 F. Supp. 424 · District Court, W.D. Louisiana · Sep 24, 1949

Vaughn Mansfield, fully qualified as an expert on air pollution and the effect of coal used for steam locomotion on air pollution, says: “The amount of smoke produced in burning coal has nothing to do with the amount of impurities … The experts and the physical evidence have shown that clearly. The two important recent improvements in the method of operation at the roundhouse are well explained by the words of a locomotive engineer : “Q.

W B K Shreveport L L C v. Kase Group

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

The materiality of the renovations was clearly evident to the parties. … Louisiana Revised Statute 51:712(A)(2) “does not require a plaintiff to establish scienter, but . . . requires only a showing that the defendant was negligent.” Heck v.

Jackson v. State Farm Fire & Casualty Co

District Court, W.D. Louisiana · Feb 15, 2023

Evidence should only be excluded in limine when the evidence is “clearly inadmissible on all potential grounds.” E.Z. Aces Gaming Inc. 2022 WL 17254889, at *1; accord, Jackson v. DeJoy, 2021 WL 4940998, at *1 (E.D. … Defendant’s Motion for Summary Judgment rests on its contention that Plaintiffs “[lack] expert evidence establishing that Hurricanes Laura and Delta caused these items of damages” because Mr.

Special Quality Alloys Inc v. Coastal Machine & Supply Inc

District Court, W.D. Louisiana · Nov 9, 2023

express objection to personal jurisdiction, I am reluctant to conclude that Coastal Marine’s failure to indicate in the Joint Discovery/Case Management Plan that it intended to assert a personal jurisdiction defense qualifies … App’x 346, 347 (5th Cir. 2018) (cleaned up); see also McFadin, 587 F.3d at 760 (“It is clearly established that merely contracting with a resident of the forum state does not establish minimum contacts” (quotation omitted

King v. King

District Court, W.D. Louisiana · Sep 16, 2022

Voris King established the Trust in 1969.8 Voris King’s four children – Charles Stirling King, Virginia King Ayres, William V. … To determine who qualifies as a principal beneficiary of the Trust, the Court must look at the language of the Trust instrument.

Jeanes v. McBride

District Court, W.D. Louisiana · Jun 25, 2019

Corp.7 RULE 59(e) STANDARD A motion for reconsideration pursuant to Rule 59(e) of the Federal Rules of Civil Procedure “must clearly establish … Jeanes also cites Envirotest, in which the plaintiff hired an architect to estimate the cost of repair of a property.38 The architect prepared an expert report and was qualified as an expert witness, and the court found

Thomas v. St. Martin Parish School Board

879 F. Supp. 2d 535 · District Court, W.D. Louisiana · Jul 12, 2012

While the Board clearly sought immediate dismissal of the suit and the Plaintiffs and the Government urged the Court to retain jurisdiction for at least three additional years, it is unclear whether the “summary proceedings … Id. at 2 (“Since December 20, 1974, the District had operated under the auspices of the permanent injunction established by the Decree.”) VI.

Opelousas Hotel Group L L C v. D D G Construction Inc

District Court, W.D. Louisiana · Dec 29, 2022

There is also no question that DDG’s work qualifies as “your work” under the Policies. DDG hired various subcontractors to complete the construction of the hotel. … Therefore, the work to construct the hotel qualifies as work or operation performed “on your (DDG’s) behalf.”

Patrick v. Walmart Inc

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

To establish a prima facie case of race discrimination a plaintiff must produce evidence that: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she was subjected to an adverse employment … Clearly, O’Neal exhibited several examples of inappropriate behavior towards the Plaintiff.