Case law

Okey v. United States

District Court, W.D. Louisiana · Jun 2, 2022

. § 2675(a), is a limited waiver of the government’s sovereign immunity for certain tort claims brought against employees of the United States under the doctrine of respondeat superior. … The plaintiff must establish, however, that she “incurred past medical expenses in good faith as a result of [her] injury and future medical expenses will more probably than not be incurred.” Id.

Lanier v. Commissioner of Social Security

District Court, W.D. Louisiana · Aug 30, 2024

Once this burden is satisfied, the Commissioner must then establish that the claimant is capable of performing work in the national economy. See Greenspan, 38 F.3d at 237. … See Singletary, 798 F. 2d at 823 (holding that a person qualifies as disabled if he cannot sustain a job for a significant period of time, even if he is sometimes capable of working for short

P v. Blue Cross and Blue Shield of Texas

District Court, W.D. Louisiana · May 8, 2020

“A plan administrator abuses its discretion where the decision is not based on evidence, even if disputable, that clearly supports the basis for its denial.” Holland v. Int’l Paper Co. Ret. … It thus remains incumbent on plaintiff to establish the relevance of these records, their availability, and the administrator’s fault in ignoring them.2 Id. at 804–06; see also Topalian v. Hartford Life Ins.

Jeanes v. McBride

District Court, W.D. Louisiana · Jun 24, 2019

the contract specifying which party had the responsibility to comply with the Building Code.”49 Because of the absence of a specific contractual provision, the Court turned to custom and found “[t]he record clearly … Evidence regarding custom, if presented by a duly qualified expert, also will be admitted.

Hall v. Commissioner of Social Security

District Court, W.D. Louisiana · Oct 1, 2021

However, without reports from qualified medical experts, the Fifth Circuit was unable to conclude that the evidence substantially supported the ALJ’s residual functional capacity assessment because the court could not determine … Harris, 615 F.2d 625, 627 (5th Cir. 1980) (reversing and remanding with direction to enter judgment where the evidence was not substantial and the record clearly showed the claimant’s right to benefits).