14 Cited authorities

Little v. Liquid Air Corp.
37 F.3d 1069 (5th Cir. 1994) Cited 12,379 times 5 Legal Analyses
Holding that a mere scintilla of evidence does not create a genuine issue of material fact
Morris v. Covan World Wide Moving, Inc.
144 F.3d 377 (5th Cir. 1998) Cited 1,463 times
Holding that the Carmack Amendment preempted Plaintiff's claims for damages based on the carrier's alleged "egregious conduct in the course of discharging its duties under the shipping contract."
Rivera v. Houston Independent School Dist
349 F.3d 244 (5th Cir. 2003) Cited 577 times
Holding that, in a case where parents brought suit against their child's school district after their child had been stabbed to death in a hallway at school by another student, the parent's failure to establish the existence of a custom or the Board's knowledge of it barred their state-created danger claim
Willis v. Roche Biomedical Laboratories, Inc.
61 F.3d 313 (5th Cir. 1995) Cited 713 times 1 Legal Analyses
Finding no preemption of state law defamation claim where plaintiff was placed on restrictive work leave for positive drug testing, because the claim did not require interpretation of the CBA, even though the CBA governed plaintiffs employment and included a substance abuse policy
Beck v. Somerset Technologies, Inc.
882 F.2d 993 (5th Cir. 1989) Cited 458 times
Holding that "a copy of the properly addressed letter, a certified mail receipt and signed return post cards" was sufficient to raise the presumption that a letter was received in the due course of the mail
Nassif v. Sunrise Homes, Inc.
739 So. 2d 183 (La. 1999) Cited 68 times
In Nassif, a defendant home builder, Coast, filed a Third–Party Demand for contribution and indemnity from an engineering firm, Krebs, after being sued in redhibition by the plaintiff homeowner.
Martco Ltd. Partnership v. Bruks Inc.
430 F. App'x 332 (5th Cir. 2011) Cited 39 times
In Martco Ltd. Partnership u Bruks Inc., 430 Fed.Appx. 332, 336 (5th Cir. 2011), the United States Court of Appeals for the Fifth Circuit reversed a district court's dismissal of a third-party complaint due to the district court's narrow interpretation of Louisiana indemnity law.
Long v. Breithaupt Design
4 So. 3d 930 (La. Ct. App. 2009) Cited 21 times
No. 44,002-CA. February 25, 2009. Appeal from the District Court, Caddo Parish, No. 514,312, Charles C. Scott and Fred Sexton, JJ. L. Havard Scott, III, for Appellant. Jones, Odom, Davis Politz, LLP by John S. Odom, Jr., Shreveport, for Appellee, Jeb Breithaupt Design Build, Inc., Jeb Design Build, LLC and Joseph E. Breithaupt. Frank M. Ferrell, Shreveport, for Appellee, Ron Carroll Builder, Inc. Before CARAWAY, MOORE and LOLLEY, JJ. MOORE, J.Page 1 When a dispute erupted between a homeowner and
425 Notre Dame, LLC v. Kolbe & Kolbe Mill Work Co.
151 F. Supp. 3d 715 (E.D. La. 2015) Cited 13 times
CIVIL ACTION NO: 15-454 2015-12-16 425 Notre Dame, LLC v. Kolbe & Kolbe Mill Work Co., Inc., et al. Daniel J. Caruso, Allison Danielle Tassin, Denise C. Puente, Luke P. Larocca, Simon, Peragine, Smith & Redfearn, LLP, New Orleans, LA, for 425 Notre Dame, LLC. Terrence L. Brennan, Joseph Lee McReynolds, Keith J. Bergeron, Deutsch, Kerrigan & Stiles, LLP, John Gleason Alsobrook, Lance Stephen Ostendorf, Ostendorf, Tate, Barnett & Wells, LLP, New Orleans, LA, for Kolbe & Kolbe Mill Work Co., Inc., et
Cosman v. Cabrera
28 So. 3d 1075 (La. Ct. App. 2009) Cited 12 times
No. 2009 CA 0265. October 23, 2009. Appeal from the 18th Judicial District Court, Iberville Parish, No. 64,177, James J. Best, P.J. Kenneth L. Blanchard, Jr., Plaquemine, LA, Attorney for Plaintiff-Appellant, Radu Cosman d/b/a Stucco Design. A.M. "Tony" Clayton, Michael P. Fruge, Port Allen, LA, Attorneys for Defendants-Appellees, Ivan T. Cabrera and D.K. Contractors, Inc. Before: CARTER, C.J., KUHN, and PETTIGREW, JJ. CARTER, C. J.Page 2 This action involves a dispute over the balance due a subcontractor
Section 2545 - Liability of seller who knows of the defect; presumption of knowledge
La. Civ. Code art. 2545 Cited 138 times
A seller who knows that the thing he sells has a defect but omits to declare it, or a seller who declares that the thing has a quality that he knows it does not have, is liable to the buyer for the return of the price with interest from the time it was paid, for the reimbursement of the reasonable expenses occasioned by the sale and those incurred for the preservation of the thing, and also for damages and reasonable attorney fees. If the use made of the thing, or the fruits it might have yielded

Jones v. Wells Fargo Bank N A et al

14 Cited authorities

Holding that a mere scintilla of evidence does not create a genuine issue of material fact

Holding that the Carmack Amendment preempted Plaintiff's claims for damages based on the carrier's alleged "egregious conduct in the course of discharging its duties under the shipping contract."

Finding no preemption of state law defamation claim where plaintiff was placed on restrictive work leave for positive drug testing, because the claim did not require interpretation of the CBA, even though the CBA governed plaintiffs employment and included a substance abuse policy

Holding that "a copy of the properly addressed letter, a certified mail receipt and signed return post cards" was sufficient to raise the presumption that a letter was received in the due course of the mail

In Nassif, a defendant home builder, Coast, filed a Third–Party Demand for contribution and indemnity from an engineering firm, Krebs, after being sued in redhibition by the plaintiff homeowner.

In Martco Ltd. Partnership u Bruks Inc., 430 Fed.Appx. 332, 336 (5th Cir. 2011), the United States Court of Appeals for the Fifth Circuit reversed a district court's dismissal of a third-party complaint due to the district court's narrow interpretation of Louisiana indemnity law.