320 results for 'court:"USDC Eastern District of Louisiana "'.
J. Vance grants a request by a state regulatory board and a trade group of car and truck dealers, dismissing an anti-trust suit by electric car maker Tesla alleging that they violated federal antitrust laws by conspiring to exclude Tesla from operating in Louisiana. Tesla repeatedly points out that many of the commissioners are members of the trade group representing some 350 car and truck dealers across the state. ���But federal courts across the country have concluded that ���[m]ere membership in associations is not enough to establish participation in a conspiracy with other members of those associations.���
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 16, 2023, Case #: 2:22cv2982, NOS: Antitrust - Other Suits, Categories: Antitrust, Commerce, Government
J. Fallon denies a request by a New Orleans city watchdog agency for attorney fees and costs totaling $161,447 for prevailing against a fired criminal investigator���s Title VII discrimination claims. Unlike the cases cited by the city, this is not a case where the employee sought to bring claims which were clearly duplicative of those already dismissed in another proceeding. The investigator brought her claims non-frivolously, and in good faith; she simply she could not prevail on those claims. Awarding attorney fees in a case like hers would only serve to chill potentially wronged litigants from attempting to bring their claims and vindicate their rights.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 15, 2023, Case #: 2:21cv1992, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Whistleblowers
J. Fallon grants Ernst & Young's motion to disqualify lead counsel for the Federal Deposit Insurance Corp (FDIC), which is suing the accounting firm for professional negligence in connection with the fraud-related collapse of a New Orleans bank that cost the FDIC���s insurance fund nearly $1 billion. Although FDIC lawyers did not act in bad faith when they received volumes of the firm's confidential information from a government-created watchdog investigating the firm's audits of the failed bank, it is impossible for its lawyers to ���un-see or forget thousands of pages��� of documents that were in its possession for more than 3 years. To ensure that FDIC���s suit continues free of impropriety, disqualification of FDIC counsel from the case is appropriate.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 15, 2023, Case #: 2:20cv1259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Accounting Malpractice, Banking / Lending
J. Milazzo dismisses as time-barred a claim filed by survivors of a deceased doctor employed by a manufacturer of a chemical agent found in the commonly used herbicide, Roundup. The doctor, an avid gardener, often used the lawn product, which family members linked to his development of fatal skin cancer. In addition, the litigants use an inapplicable provision of a state law and therefore may not recover punitive damages for their remaining wrongful death claim.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 14, 2023, Case #: 2:19cv9334, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Environment, Product Liability
J. Meerveld grants consolidated requests by 148 former clients of three law firms to enforce a settlement of legal malpractice claims, arising from the attorneys��� conduct related to handling of their claims against British Petroleum in the wake of the Deepwater Horizon oil spill in 2010. Despite representations made directly to the court, those same attorneys now insist that they never agreed to settle this case. Clearly, the settlement remained subject to a ���critical later formality��� ��� signed release agreements by the 148 litigants against attorneys for the three law firms. But such a formality does not preclude the finding of an enforceable settlement agreement.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: June 13, 2023, Case #: 2:20cv2995, NOS: Other Contract - Contract, Categories: Settlements, Class Action, Attorney Discipline
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J. Vance denies summary judgment to the sheriff of Jefferson Parish on his request to dismiss wrongful death claims against his office, arising from his deputies��� restraint of a youth with autism. A reasonable jury could conclude that the sheriff���s office���s training policies are inadequate regarding the use of force or restraint on individuals with intellectual disabilities, including autism.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: June 13, 2023, Case #: 2:21cv80, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Constitution, Health Care, Police Misconduct
J. grants a request to dismiss on jurisdictional grounds a lawsuit against the Georgia-based nephew of a Louisiana resident seeking the return of $7 million he provided his sister���s son relative to an investment agreement. The evidence indicates that the nephew did not ���purposefully direct��� any activities towards the jurisdiction in the New Orleans area. Therefore, it would be unfair to subject him to a suit in the Louisiana district. Dismissal is appropriate.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 13, 2023, Case #: 2:23cv849, NOS: Other Contract - Contract, Categories: Jurisdiction
J. Vance grants summary judgment to an insurance company, ruling against the owner of an office building destroyed by fire on the policyholder���s denial-of-coverage complaint. To the extent the insured argues that its policy required the building owner ���only to attempt to maintain a centrally monitored, automatic fire alarm,��� that argument is foreclosed by Fifth Circuit precedent governing a similar insurance policy provision that required the insured to maintain a fire suppression system ���in complete working order��� throughout the term of the insurance policy.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 12, 2023, Case #: 2:23cv736, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. Africk denies a request for a new trial by a sheriff���s deputy found liable by a jury for violating a motorist���s constitutional right to be free from an unreasonable arrest on grounds the verdict was ���inconsistent��� with the jury���s conclusion that lawman was not liable for violating the driver���s Fourth Amendment right be free from an unreasonable traffic stop. The court was ���not persuaded.��� The jury also found the deputy liable for state law claims of battery, false arrest and malicious prosecution, awarding the motorist a total of $122,700 in damages, including $65,000 in punitive damages for violating his right to be free from unreasonable arrest. A second deputy was found not liable of all counts.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: June 9, 2023, Case #: 2:19cv12749, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Damages, Police Misconduct
J. Currault grants a Louisiana power company leave to amend its claims arising from damage to its waterfront facility by breakaway barges on the Mississippi River. The power company established good cause to amend its claims after a litigation deadline, based on discovery responses from owners of vessels, barges and equipment involved in the maritime accident.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 8, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Negligence, Discovery
J. Barbier, following a bench trial, finds that the owner of a twin-screw pushboat breached its contract with a shipyard for repairs, and owes the shipyard for work invoiced at $572,113. The ruling finds that the shipyard is entitled to prejudgment interest at a rate of 6% per annum from July 30, 2021, until paid.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 7, 2023, Case #: 2:22cv1169, NOS: Marine - Contract, Categories: Evidence, Maritime, Contract
J. Ashe denies requests by contractors on public construction projects in Louisiana to dismiss claims by a surety that issued performance and payment bonds for the developments. Pursuant to their agreement, the contractors are required to indemnify the surety against losses arising from their failure to complete five of the eight construction projects. In addition, the contractors as indemnitors have failed to demonstrate that the project owners and creditors are required contributors to their agreement with the surety.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 7, 2023, Case #: 2:23cv1097, NOS: Other Contract - Contract, Categories: Construction, Indemnification, Injunction
J. Van Meerveld orders State Farm to produce contested documents for the court���s private review by June 9, 2023. The auto insurer must ���clearly identify��� redacted portions of documents it claims are attorney-privileged from the version inadvertently turned over to an insured client suing his carrier for bad faith. The litigant argues that all the documents designated as privileged by State Farm are not entitled to such protections and he refuses to destroy the materials as the insurer requested. Trial is set to begin on Aug. 21, 2023.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: June 6, 2023, Case #: 2:22cv4550, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Discovery, Attorney Fees
J. Africk denies the property owner���s breach of contract claim against his insurer for failing to pay any of his $300,000 claim for hurricane damage. The mere facts that the property owner has an insurance policy and has not been paid for alleged damages do not constitute factual allegations sufficient to allow for the plausible conclusion the insurer���s actions are ���arbitrary, capricious, and unsupported by any evidence and constitute bad faith.��� The policyowner is offered one opportunity to amend his complaint to provide more specifics and facts to support his claims.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: June 5, 2023, Case #: 2:23cv1463, NOS: Insurance - Contract, Categories: Evidence, Insurance, Damages
J. Milazzo grants summary judgment to a Louisiana customer of a Texas limited liability company on its breach of contract claims, after it performed water mitigation services at his home after Hurricane Ida. Because the work done was that of a contractor, and the Texas company did not have a Louisiana contractor���s license, the contract violates Louisiana law. Without a valid contract, the Texas company���s breach of contract claim must fail.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 5, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: Construction, Damages, Contract
J. Barbier grants summary judgment to the Federal National Mortgage Association establishing the liability of the owner of six separate borrowers, all of which are the owner���s limited liability companies, which are all now in bankruptcy. The fact that the borrowers filed for bankruptcy automatically accelerated the federal loan, and the borrowers became personally liable for all payments immediately due, without any written notice required from Fannie Mae.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 2, 2023, Case #: 2:22cv2588, NOS: Other Contract - Contract, Categories: Bankruptcy, Housing, Banking / Lending
J. Vance dismisses a State pretrial detainee���s civil rights claims against the Jefferson Parish Sheriff as ���frivolous��� and without merit. The ruling also adopts the findings of a magistrate judge���s report, allowing the detainee to proceed on claims that he couldn���t walk after three Kenner City police officers threw him on the ground and beat his ankles with ���a long black stick.��� The defendant���s excessive force complaint is stayed, pending resolution of criminal charges he slashed a woman���s face with a razor.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 2, 2023, Case #: 2:23cv197, NOS: Prison Condition - Habeas Corpus, Categories: Constitution, Police Misconduct, Prisoners' Rights
J. Lemmon denies summary judgment to a property management company on vicarious liability claims in civil rights claim by a pregnant tenant who alleges the landlord���s manager directed a sheriff���s deputy to use his authority to attempt an unlawful eviction of her and her family. The landlord argues it had no contractual relationship with the deputy, who was merely the landlord's friend, picking up a key from an evicted tenant. The now-former deputy asserts that he was a ���partner��� with the landlord, performing repairs, odd jobs and possibly rent collection, for 10% of the profits of the properties he worked on, as well as hotel discounts and cash gifts. Fact issues preclude a finding that ���no master-servant��� relationship existed between the landlord and the cop.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: June 2, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Landlord Tenant, Police Misconduct
J. Fallon denies a request by an attorney for a new trial, after a jury awarded her estranged husband $7,500 for economic loss, $1,500 for mental anguish and $10,000 in punitive damages, related to her unauthorized use of his electronic financial accounts. The lawyer objected to the deterrence-oriented penalty, noting that an order denying her ex-husband���s request for attorney fees remarked on his ���lack of clean hands��� in the matter. The jury ���reasonably concluded��� that her former spouse was entitled to punitive damages. The trial court may not reverse the jury���s verdict ���merely because it would have concluded otherwise.���
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 1, 2023, Case #: 2:21cv542, NOS: Other Fraud - Torts - Personal Property, Categories: Jury, Damages, Attorney Fees