Case law

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.”

Kansas City Life Ins. v. Evangeline Parish School Board

58 F. Supp. 39 · District Court, W.D. Louisiana · Nov 30, 1944

At that time Article 14, Section 14(g), authorized the issuance of refunding bonds but only “when authorized by a vote of a majority, in number and amount, of the qualified property taxpayers thereof * * The purpose of the … That this is so clearly appears from the requirement of the Act that the maturities be so fixed as to effect a consequent reduction in the amount of the annual taxes pledged.

Gary Monbelly v. Allied Universal Protection Services

District Court, W.D. Louisiana · Aug 5, 2024

The record clearly indicates that Plaintiff filed suit in this Court on January 19, 2024.31 As such, Defendant’s motion to dismiss Plaintiff’s ADA claims due to prescription is without merit. … Further, to establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) he has a disability; (2) he was qualified for the job; and (3) he was subject to an adverse employment action on

Doe v. Constant

District Court, W.D. Louisiana · Jul 23, 2024

LEGAL STANDARD “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm … This international transfer falls clearly within the scope of interstate or foreign commerce. See United States v.

Brister v. Gulf Central Pipeline Co.

684 F. Supp. 1373 · District Court, W.D. Louisiana · Apr 28, 1988

The risk of injury that befell plaintiffs is clearly included within the scope of Gulf Central’s duty. … The evidence clearly establishes that Shelby County’s conduct was a substantial factor contributing to plaintiffs’ harm.

Sikes

District Court, W.D. Louisiana · Sep 30, 2025

“An order in limine excludes only clearly inadmissible evidence; therefore, evidence should not be excluded before trial unless it is clearly inadmissible on all potential grounds. … themselves.”11 Ultimately, the burden is on the party offering the expert to establish admissibility.12 In this case, the four Daubert motions generally do not

Sylvester v. Talos Energy Offshore L L C

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

“Rule 56[(a)] mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that … “While this provision limits an employee's rights, it ... at the same time expands them by immunizing him against suits where he negligently injures a fellow worker.” Perron v.

In Re Combustion, Inc.

960 F. Supp. 1056 · District Court, W.D. Louisiana · Jan 15, 1997

Under Louisiana law, the insured was vulnerable to suit, while under Alabama law, he was immune. … Clearly the only interest the state of Louisiana had in this dispute was providing the Arkansas residents the procedure with which to sue their own Arkansas insurer directly.

Malone v. DeJoy

District Court, W.D. Louisiana · Nov 14, 2023

Under McDonnell Douglas, the plaintiff carries the burden to prove that: (1) she belongs to a protected class; (2) she was qualified for the position at issue; (3) she was the subject of an adverse employment action; and … The Court finds that Defendant has clearly articulated legitimate, non-discriminatory reasons for Plaintiff’s termination of her temporary employment and that Plaintiff has failed to prove any pretext.

Rainey v. P N K Lake Charles L L C

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

She provided sufficient information to establish the authenticity of the video under Federal Rule of Evidence 901. … Upon careful review of the video, the Court finds that Plaintiff’s version of events is clearly contradicted by the surveillance footage.

Red River Bancshares Inc v. Red River Employees Federal Credit Union

District Court, W.D. Louisiana · Aug 20, 2020

In the instant case, the Court finds that RED RIVER CREDIT UNION is clearly a geographically descriptive mark. … Additionally, the Court rejects Defendant’s argument that RED RIVER CREDIT UNION is not a geographically descriptive mark and instead qualifies as a suggestive mark because “[it] only suggests [Defendant’s] historical affiliation

Reddin v. Toro

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

The plaintiff “bears the burden of establishing by ‘cogent and clearly convincing evidence’ that the decision of the board was the result of a material legal error or injustice.” … The Court concludes that Plaintiff has failed to meet his burden to establish by “cogent and clearly convincing evidence” that the decision of the Board was the result of a material legal error or injustice.”

Gayle v. Jones

74 F. Supp. 262 · District Court, W.D. Louisiana · Nov 4, 1947

properties and secondly in the stocks of the corporations, consisting of some 1,400 acres of farm land with improvements, his 3/5ths of the stock of the old Abstract Co., some $17,000 of stock in Central, and all but the qualifying … Fraud may, therefore, always be proved in support of the allegation of the simulated transfer of property, by those interested to establish the simulation.”

Barnes v. Dresser L L C

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

They argued Dresser presented no additional evidence during the trial to qualify this admission, which was sufficient to establish Dresser’s liability on each of the Bellwether Plaintiffs’ substantive claims … Under state law, a new trial is appropriate “[w]hen the verdict or judgment appears clearly contrary to the evidence,” La. Code. Civ. P. art. 1972, or “if there is good ground therefore,” La. Code Civ. P. art. 1973.

InPwr Inc v. Olson Restoration L L C

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

As such, ESP would qualify as a claimant pursuant to La. … Also, the undisputed summary judgment evidence establishes that the Contract as performed was solely for water remediation/dewatering. Id. at *4.

Newbold v. Kinder Morgan S N G Operator L L C

District Court, W.D. Louisiana · Jun 21, 2022

Therefore, as discussed herein, Louisiana’s Recreational Use Immunity statutes1 (“RUS”) would bar Plaintiffs’ liability claims. … Also, the type of activity JN and Rodgers were engaged in (fishing/boating) is clearly covered under 9:2795 A(3)’s definition of “recreational purposes.”

NASCO, Inc. v. Calcasieu Television & Radio, Inc.

124 F.R.D. 120 · District Court, W.D. Louisiana · Jan 23, 1989

It is well established that Rule 11 prior to its amendment in 1983 was rarely applied. … Clearly the acts alleged under “I” above do not involve certification and cannot be considered under Rule 11.

Trisler v. LifeShare Blood Centers

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

Defendant’s Motion to Decertify Class The FLSA establishes federal minimum wage, maximum hour and overtime guarantees regarding qualified employers. (29 U.S.C. § 201, et seq.). … finding that the proper state law cause of action for unpaid wages rests in Louisiana’s Wage Payment Statute, we do not find that plaintiffs’ claims are proper under the theory of unjust enrichment, since a remedy is clearly

Thomas

District Court, W.D. Louisiana · Mar 12, 2026

intended to settle[.]”82 The language in the Agreement does not clearly reflect the parties intent to settle 76 See Indian Harbor Ins. … Plaintiffs’ Intentional Infliction of Emotional Distress Claim To establish a claim of intentional infliction of emotional distress (“IIED”), a plaintiff must establish the following: “(1) that the conduct of the

Yor Wic Construction Co Inc v. Engineering Design Technologies Inc

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

The Subcontract clearly incorporates the requirements contained in the Prime Contract, see Record Document 13-1 at 2, including that no subcontractor on the Project have an EMR rating greater than 1.10. … Here, neither EDT nor Yor-Wic allege any harm that would qualify as “property damage” under the instant Policy.