Barry W. Ashe
How Judge Ashe rules, drawn from 23 signed orders. Every observation links to the order it came from.
How Judge Ashe decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He denies a merchant summary judgment under La. R.S. 9:2800.6 where the plaintiff shows the merchant itself created the hazardous condition (Deshotel), which supplies the statutory notice element.
“IT IS ORDERED that Walmart's motion for summary judgment (R. Doc. 20) is DENIED.”
Procedural preferences
In TVPRA sex-trafficking suits against hotel franchisors he applies the Eleventh Circuit's Red Roof Inns beneficiary framework and dismisses where the franchisor's knowledge of and participation in the venture is not adequately pleaded.
“IT IS ORDERED that Choice's Rule 12(b)(6) motion to dismiss the TVPRA beneficiary claim in Plaintiff's first amended complaint is GRANTED, and that claim is DISMISSED WITH PREJUDICE.”
Cautions
In Louisiana merchant-liability trip-and-fall cases (La. R.S. 9:2800.6) he grants the merchant summary judgment where the hazard was open and obvious and the video record shows the plaintiff was inattentive.
“IT IS ORDERED that Jazz Casino's motion for summary judgment (R. Doc. 68) is GRANTED, and Plaintiffs' claims are DISMISSED WITH PREJUDICE as to all named defendants.”
In merchant-liability cases relying on constructive notice, requires positive evidence that the condition existed before the fall; missing inspection logs do not themselves establish the statutory temporal element.
“Henry points to no evidence to satisfy the temporal element of constructive notice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Jazz Casino's motion for summary judgment (R. Doc. 68) is GRANTED, and Plaintiffs' claims are DISMISSED WITH PREJUDICE as to all named defendants.”
“defendants' motion to exclude from trial or limit the testimony of Cheryl's treating physicians (R. Doc. 69) is DISMISSED as moot.”
“IT IS ORDERED that American Security's motion for summary judgment (R. Doc. 7) is GRANTED, and plaintiffs' claims against it are DISMISSED WITH PREJUDICE.”
“IT IS ORDERED that Defendants' Daubert motion to exclude Cook (R. Doc. 47) is GRANTED.”
“IT IS FURTHER ORDERED that Defendants' motion for summary judgment (R. Doc. 48) is GRANTED, and Smith's claims against them are DISMISSED WITH PREJUDICE.”
“IT IS ORDERED that Ford's motion for summary judgment (R. Doc. 20) is DENIED.”
“IT IS ORDERED that Walmart's motion for summary judgment (R. Doc. 20) is DENIED.”
“IT IS ORDERED that Choice's Rule 12(b)(6) motion to dismiss the TVPRA beneficiary claim in Plaintiff's first amended complaint is GRANTED, and that claim is DISMISSED WITH PREJUDICE.”
“IT IS ORDERED that Defendant's motion to dismiss (R. Doc. 147) is DENIED.”
“IT IS ORDERED that Kearney-National's motion to dismiss (R. Doc. 205) is DENIED without prejudice to its refiling a motion for summary judgment and/or Rule 12(b)(2) motion after appropriate discovery has been conducted.”
“IT IS ORDERED that USAA's motion to dismiss is GRANTED. IT IS FURTHER ORDERED that all claims of Plaintiff against USAA are dismissed WITHOUT PREJUDICE.”
“IT IS ORDERED that Defendants' Rule 12(b)(6) motion to dismiss (R. Doc. 24) is GRANTED, and plaintiff's claims are DISMISSED WITHOUT PREJUDICE.”
“IT IS ORDERED that Defendants' motion to dismiss (R. Doc. 16) is GRANTED, and this matter is DISMISSED WITHOUT PREJUDICE.”
“IT IS ORDERED that the government's motion for a temporary restraining order (R. Doc. 49) is GRANTED in part and DEFERRED in part.”
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 29 days (N = 3).
From the enumerated 2021-2023 cases: dominated by Hurricane Ida first-party insurance diversity suits (Allied Trust, Zurich, QBE, Chubb, Ocean Harbor, Transportation Ins.), plus personal-injury diversity (slip-and-fall vs Walmart) and marine personal-injury (Jones Act vs Weeks Marine). NOS examples captured: 110 Insurance, 360 P.I.: Other, Marine.
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