Case law

Sampson Jr v. United Services Automobile Association

District Court, W.D. Louisiana · May 3, 2022

(c) A qualified expert appraiser selected and agreed upon by the insured and insurer. … Here, as in Shields, there is no clearly expressed written compromise that acceptance of the payments will extinguish the obligation.

Adams

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

at least two occasions (including but not limited to those on February 26, 2024 and July 22, 2024), [] Plaintiff’s immediate supervisors (and their supervisor) retaliated against her by ‘writing her up’ for actions clearly … The McDonnell Douglas framework requires a plaintiff to first establish a prima facie case of discrimination by showing that: (1) she was a member of a protected class; (2) she was qualified for her position

Stewart v. Loftin

District Court, W.D. Louisiana · Feb 20, 2025

Section 1983 Claims Section 1983 provides that any person who, under color of state law, deprives another of “any rights, privileges, or immunities secured by the Constitution … Stewart argues that Bloetscher acted as his agent, but only one Louisiana circuit court—the Third Circuit—has clearly recognized an agency-based exception.

Taylor v. Jones

District Court, W.D. Louisiana · May 29, 2025

Therefore, to establish liability for inadequate medical care under the Eighth Amendment, an inmate must adduce facts which “clearly evince” a serious medical need and the prison official’s deliberate indifference to it … 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

Southern Lands, Inc. v. Henderson

40 F. Supp. 716 · District Court, W.D. Louisiana · Jun 11, 1941

In the one of 1917, it was clearly provided that this sum of $8,133.04 should bear seven per cent interest from April 2nd, 1917. … A few things will be mentioned, which in my judgment, tend to establish forgery of this signature.

Commodity Futures Trading Commission v. UForex Consulting, LLC.

551 F. Supp. 2d 513 · District Court, W.D. Louisiana · Mar 31, 2008

First, as will be discussed infra, the Court finds the transactions herein are not futures contracts, and “the statute, as a whole, clearly expresses Congress’ intention” to include only futures contracts (and not spot or … Doc. 25, p. 18] The CFTC then qualifies “a specified delivery date is not determinative.” [Id.]

Reynolds v. Bankers Insurance Co

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

Bankers' decisions not to cover part of Reynolds’ claims—because the damage from Hurricane Laura had not been repaired before the damage caused by Hurricane Delta and the May 17, 2021, flood—were clearly explained in … Because the NFIP puts the government’s liability at stake, its regulations implicate sovereign immunity. DeCosta v. Allstate Ins. Co., 730 F.3d 76, 84 (1st Cir. 2013).

Romac Environmental Services L L C v. Wildcat Fluids L L C

District Court, W.D. Louisiana · Feb 10, 2022

Wildcat must first establish that it is likely to succeed on the merits of its trademark infringement claim. … The fourth factor clearly weighs in favor of DEL. There was no dispute in the evidence presented to the Court that DEL and Mr.

Terry Glenn Johnson v. Walmart Inc.

District Court, W.D. Louisiana · Feb 2, 2026

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 (4 … Section 23:967 clearly provides that, in order to assert a claim under the Louisiana Whistleblower statute, the employee must have advised his employer of a violation of state law prior to his termination.

Cotton Brothers Baking Co. v. Industrial Risk Insurers

774 F. Supp. 1009 · District Court, W.D. Louisiana · Jul 31, 1989

Driscoll was qualified and offered by IRI and accepted by the Court as an expert on the adjustment of interruption of business claims. … Although IRI chose experts eminently qualified in the field of interruption of business insurance, it deliberately instructed them to make no use of that expertise.

Superior Contract Cleaning Inc v. Quality Wholesale and Supply Inc

District Court, W.D. Louisiana · Jul 16, 2025

Findings of fact are not to be set aside unless clearly erroneous. See Matter of Herby’s Foods, 2 F. 3d at 130–31. … Superior argues that the record reflects that QWS received a $20,000 payment within 90 days prior to the bankruptcy filing, which could qualify as an avoidable preferential transfer under 11 U.S.C. § 547. See id.

Doe v. d'Espalungue d'Arros

District Court, W.D. Louisiana · Jan 19, 2024

Relevant factors include: (i) “whether there are material issues of fact;” (ii) “whether there has been substantial prejudice;” (iii) “whether the grounds for default have been clearly established;” (iv) whether the default … Third, the grounds for default are “clearly established.” Plaintiffs properly effectuated service under Fed. R. Civ. P. 4(f)(3) and d’Espalungue has failed to plead or otherwise defend the claims against him.

United States v. Barnett

986 F. Supp. 385 · District Court, W.D. Louisiana · Sep 17, 1997

Most important, both defendants have close, qualified family members willing to post their homes and other real or personal property as security for a bail bond. … Unlike Byrd , this case clearly involves a “crime of violence” within the meaning of 18 U.S.C. § 3142 (f)(1)(A).

D & G Holdings L L C v. Price

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

A Qualified Independent Contractor, another private contractor, conducts the “independent” reconsideration. § 405.968. … If it does, then § 405(g) is the sole means of establishing jurisdiction.

Levier v. C B & I L L C

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

Establishing a prima facie case of racial discrimination requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for … Thus, there was clearly an adverse action that followed a protected activity.

Seaton v. Goodwin

District Court, W.D. Louisiana · Mar 31, 2020

Applicable Law In order to establish a Brady violation, the defendant must prove that “(1) the prosecution suppressed evidence, (2) it was favorable to the defendant … The court found that the witnesses’ statements were “clearly material in light of Kemp” and granted defendant’s petition for post-conviction relief. Id. at 969.

Associated General Contractors of America Inc v. Federal Acquisition Regulatory Council

District Court, W.D. Louisiana · Mar 12, 2024

And while the Individual Plaintiffs argue that only a small percentage of contracts will qualify for 10 This practice is already in place, as demonstrated by the Supplemental Declaration of George Rogers, CEO and … Sept. 30, 2022) (unpublished) (“[T]o clearly connect Plaintiff-Appellants’ procedural harm to their injury, we must engage in conjecture about how independent third parties, i.e., the PTAB and a district court, would

Haynes v. Zordan

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

Davis v. Gavin

District Court, W.D. Louisiana · Aug 12, 2021

established December 10, 1984, after voter approval of the Home Rule Charter for Caddo Parish on April 7, 1984. … The Fifth Circuit is clearly aware of the Owens case because it was cited in the Trevino opinion. See Trevino, 701 F.2d 397 at n. 10.

Beazley v. Metropolitan Life Insurance Co

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

The section entitled “CONTINUATION OF INSURANCE WITH PREMIUM PAYMENT” establishes the terms and conditions for porting coverage. … In Ketchum there was no dispute that the insured qualified for disability benefits under a clause of the plan.