Case law

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  • Walker v. Government Personnel Mutual Life Insurance Co

    District Court, W.D. Louisiana · Oct 17, 2024

    Wilson’s Weight As an initial matter, there is clearly a genuine dispute as to whether Ms. Walker was present during the phone call with Ms. … Walker’s assertions, and thus, GPM has failed to incontrovertibly establish an intent to deceive.'°?

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  • Dickson v. Dexcom Inc

    District Court, W.D. Louisiana · Jul 15, 2024

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBEJCT TO THE COUNTRY-SPECIFIC PROVISIONS BELOW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS … The offer and acceptance may be made orally, in writing, or by action or inaction “clearly indicative of consent.” Id.

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  • Arizona v. Garland

    District Court, W.D. Louisiana · Apr 16, 2024

    It clearly did not. … Ct. 2551, 2565, 204 L.Ed.2d 978 (2019) (for a legal dispute to qualify as a genuine case or controversy, at least one plaintiff must have standing to sue).

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  • Boudreaux v. Axiall Corp

    District Court, W.D. Louisiana · Mar 30, 2022

    “A compromise settles only those differences that the parties clearly intended to settle, including the necessary consequences of what they express.” La. Civ. Code art. 3076. … The parties disagree as to what qualifies as a claim for environmental contamination reserved by the Plaintiff in Paragraph 9.

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  • Myles v. T P U S A - F H C S Inc

    District Court, W.D. Louisiana · Oct 23, 2020

    is a member of a protected class, was qualified for her position, and was fired. … Clearly, an adverse employment action that occurred the day after Plaintiff engaged in protected activity is sufficient temporal proximity to demonstrate a causal link. Feist, 730 F.3d at 454.

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  • Shanghai Breeze Technology Co., Ltd. v. Gravois Aluminum Boats, LLC D/B/A Metal Shark Aluminum Boats

    District Court, W.D. Louisiana · Dec 5, 2025

    See Record Document 59-3 at 3–12. 1 The record does not clearly establish the precise corporate role held by Ge Song Tao within Shanghai Breeze. … Whether BIS’s intervention qualifies as a “fortuitous event” under La. Civ. Code art. 1875 is not a purely legal question that the Court can resolve on summary judgment.

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  • Charles v. LeBlanc

    District Court, W.D. Louisiana · Sep 11, 2025

    Defendants’ motion does not clearly articulate whether Defendants are arguing Plaintiffs only or primarily used half-hour increments to bill or if the selected half-hour interval entries are for an excessive or inflated … A review of the selected entries in context demonstrates the attorneys did not bill in half-hour increments.10 Further, that 10 For example, Defendants select multiple entries from Bray ending in “.5” to presumably establish

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  • Lafayette City-Parish Consolidated Government v. United States of America

    District Court, W.D. Louisiana · Aug 18, 2022

    While LCG may continue to claim ignorance of whether the spoil banks qualified as levees, that issue does not appear so vague to this court as to render the ordinance unconstitutional. … Accordingly, a plaintiff can only succeed by establishing that no set of circumstances exists under which the law would be valid.

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

    District Court, W.D. Louisiana · Feb 2, 2023

    Unlike the duty to defend, an insurer’s duty to indemnify depends on the facts established in the lawsuit. Hanover Ins. Co. v. Superior Lab. Servs., Inc., No. 11-2375, 2016 WL 7156067, at *2 (E.D. La. … 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.

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  • Merriott v. Bossier City

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

    . § 1983 Section 1983 provides that any person who, under color of state law, deprives another of “any rights, privileges or immunities secured by the Constitution and … that a plaintiff may qualify as a prevailing party when he achieves “actual relief on the merits of his claim [that] materially alters the legal relationship between the parties by modifying the defendant’s behavior in

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  • Barnes

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

    Clearly, a district court may dismiss an action or proceeding if a party fails to obey a pretrial order. See Fed. R. Civ. P. 16(f); see also Culwell v. City of Fort Worth, 468 F.3d 868, 871 (5th Cir. 2006); Bann v. … In the Fifth Circuit, a district court may dismiss with prejudice for failure to prosecute only when: (1) the plaintiff's conduct establishes a clear record of delay or contumacious conduct, and (2) a lesser sanction would

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  • Pipkins v. Stewart

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

    The result of our ruling was the elimination of all claims, except those of four plaintiffs who claimed they qualified to sue, since they were actually excused as prospective jurors by certain assistant district attorneys … To be clear, we are not satisfied that this case alone clearly establishes a custom of racial discrimination by Caddo Parish prosecutors exercising peremptory challenges, let alone actual or constructive knowledge of

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  • United Specialty Insurance Co v. Sandhill Production Inc

    District Court, W.D. Louisiana · Mar 17, 2021

    Thus, the Owned Property Exclusion clearly excludes from coverage the response costs associated with the OOC Compliance Order. … The injury-causing pollutants at issue in the Suit also qualify as “pollutants” within the meaning of the total pollution exclusion.

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  • Jacob Barnes v. Dresser LLC et al; D&J Investments of Cenla LLC v. Dresser LLC et al; Ray Arnold v. Dresser LLC et al

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

    Clearly, a district court may dismiss an action or proceeding if a party fails to obey a pretrial order. See Fed. R. Civ. P. 16(f); see also Culwell v. City of Fort Worth, 468 F.3d 868, 871 (5th Cir. 2006); Bann v. … In the Fifth Circuit, a district court may dismiss with prejudice for failure to prosecute only when: (1) the plaintiff's conduct establishes a clear record of delay or contumacious conduct, and (2) a lesser sanction would

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  • Kennedy v. Richland Parish

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

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

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  • Urban v. Acadian Contractors, Inc.

    627 F. Supp. 2d 699 · District Court, W.D. Louisiana · Jul 27, 2007

    safely and in a good and workmanlike manner; that CONTRACTOR has adequate equipment in good working order in full compliance with legal requirements; that CONTRACTOR and its Subcontractor’s personnel have been trained by a qualified … all legal and other costs, counsel fees and expenses which the Company shall at any time sustain, directly or indirectly, by reason or in consequence” of a contractual suretyship agreement, the court found the language "clearly

    Cited 0 timesPublished
  • Lee v. Shreveport

    District Court, W.D. Louisiana · Jun 15, 2022

    Lee alleges that this action was taken “clearly with the intent to exclude her from the opportunity she was promised.” See id. … To properly establish a prima facie case of discrimination based on disparate treatment under Title VII or the ADEA a plaintiff must demonstrate: (1) she is a member of a protected group; (2) she was qualified for the

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  • Ronnie Desormeaux L L C v. Sikes

    District Court, W.D. Louisiana · May 7, 2021

    Whether the bankruptcy court clearly erred in finding that Desormeaux did not bear its burden to prove it made a substantial contribution in the Chapter 11 case. 3. … —are not the only activities which may qualify as compensable administrative expenses. E.g., In re United Educ. and Software, 2005 WL 6960237, at *1 (B.A.P. 9th Cir. Oct. 7, 2005); U.S. Trustee v.

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  • Hartman v. National Oilwell Varco L P

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

    Because there is a strong federal policy favoring arbitration, the party seeking to invalidate an arbitration agreement bears the burden of establishing its invalidity. Carter v. … Hartman clearly agreed to NOV’s arbitration policy under the EDR Program, as evidenced by his electronic signature, see Record Document 10-3 at 11, which expressly provides that “employment-related legal disputes will be

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  • Broad v. National Oilwell Varco L P

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

    Because there is a strong federal policy favoring arbitration, the party seeking to invalidate an arbitration agreement bears the burden of establishing its invalidity. Carter v. … Broad clearly agreed to NOV’s arbitration policy under the EDR Program, as evidenced by his electronic signature, see Record Document 10-3 at 11, which expressly provides that “employment-related legal disputes will be

    Cited 0 timesUnknown

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