179 results for 'court:"USDC Western District of Louisiana "'.
J. Doughty denies a request by three car passengers who survived a collision with a tractor-trailer to stay an order depositing a policy limit $3 million from the trucking company's insurance company into a court registry pending resolution of claims against the company and its truck driver. The trucking company and its insurer successfully requested the deposit of the insurance proceeds, according to the rules of civil procedure. Halting deposit of the funds would be improper. Legal custody of the separately represented two minor children of the deceased car driver remains in dispute. The ruling resolves the insurer���s liability regarding the $3 million of its policy, it does not resolve further potential liability incurred by the trucking company and its operator. The ruling adopts the recommendations of a magistrate judge's report.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 21, 2023, Case #: 3:23cv529, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Damages
J. Hicks grants and reduces a mother���s request for attorney fees and expenses incurred in litigating a parental kidnapping case against the child���s father in the U.S. and expediting the return of their son to his habitual residence in Honduras. While there is international case law to support the mother���s request for $71,187 in fees and expenses, such an award in would be ���patently unreasonable.��� Because of the father���s unemployment and financial condition, the fee and expense award against him is reduced by 15%, down to $60,509.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: September 19, 2023, Case #: 5:22CV1053, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
J. Doughty denies a request by a baby products manufacturer to dismiss allegedly misleading photographs of a ���tear-free��� shampoo rinse pail submitted by a rival inventor in support of his patent infringement suit. The manufacturer unsuccessfully argues that the inventor���s ���misleading��� photographs of the baby pail along with his ���sham affidavit��� is part of his effort to make new patent claim construction arguments to support his lawsuit. The court is ���very familiar with this product and there is no possibility��� that the judge can be misled by the photographs, which were compared with the actual baby buckets at issue in the case.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 19, 2023, Case #: 3:17cv82, NOS: Patent - Property Rights, Categories: Jury, Patent, Discovery
J. Foote grants summary judgment to a casino and against its terminated slot attendant, dismissing her disability discrimination claims related to her asthma diagnosis. While the employee did suffer an adverse employment action stemming from her disability, she no longer could perform the essential functions of her job in an environment with second-hand smoke. Because there was no reasonable accommodation, the casino did not have an obligation to continue her employment.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: September 18, 2023, Case #: 5:22cv543, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Doughty denies a request by the City of Pineville to dismiss the school teacher���s excessive force claim alleging that two police officers slammed her to the ground, tased her twice and handcuffed her, after she refused to sign a traffic citation related to a car crash. The cops��� argument that they were entitled to arrest the 67-year-old teacher is irrelevant to the excessive force claim raised by her suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 18, 2023, Case #: 1:22cv6136, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hornsby denies a request for anonymity by a former community college student who is accused of viewing sexual material on his computer. ���John Doe��� contends the allegations have resulted in him being banned from liquor stores, financial institutions, and coffee shops. Some of the facts may be embarrassing, but he may not use a pseudonym to prosecute his due claims, ranging from due process violations to humiliation, against other students and college officials. The public���s interest in Doe���s suit, which alleges wrongdoing by public officials, outweighs his privacy concerns. The Fifth Circuit has recently rejected requests to proceed under a pseudonym by abortion providers and a police officer who made claims related to high-profile civil rights protests.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: September 15, 2023, Case #: 5:23cv1261, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation, Privacy
J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state���s ���Dead Man Statute��� bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute���s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man���s Statute to the conversion suit would encourage other litigants to ���forum shop.���
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 14, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Evidence, Conversion, Contract
J. Summerhays dismisses all claims brought by a construction company against an insurance underwriter in a breach of contract lawsuit following salvage operations for a sunken barge. The underwriters, incorrectly named in the suit, have met their burden of proving that they did not underwrite the policy in question or assume the risks therein. Another insurer underwrote the policy at issue and it is therefore responsible for its share of risk obligations.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 13, 2023, Case #: 6:22cv6234, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Joseph finds in favor of the City of Alexandria, dismissing all claims brought by three Black police officers alleging racially discriminatory acts by their white police chief. It is undisputed that one of the officers repeatedly misused a criminal database to conduct searches unrelated to his police duties; a second cop failed a polygraph exam and conducted an unauthorized investigation of a fellow officer; and the third cop lied during an Internal Affairs investigation. These facts justify the adverse employment actions taken against the three cops.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: September 13, 2023, Case #: 1:20cv1581, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state���s ���Dead Man Statute��� bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute���s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man���s Statute to the conversion suit would encourage other Louisiana litigants to ���forum shop.���
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 12, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Conversion, Discovery, Contract
J. Summerhays grants summary judgment to a Mississippi-based oil and gas company on its request that a surplus line insurer provide indemnification against an adverse Texas court judgment. The ruling finds that the insurer���s withdrawal of coverage as to the claims against the energy company constitutes a breach of the policy���s insuring agreements. Despite ���vehement��� arguments by the insurance company, its request to dismiss the energy company���s suit is rejected ���in all respects.���
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 7, 2023, Case #: 6:22cv2012, NOS: Insurance - Contract, Categories: Fraud, Insurance, Indemnification
J. Joseph grants summary judgment to both Morton���s Salt and the union local for its Louisiana salt mine, dismissing breach-of-duty claims brought by an electrician���s apprentice fired for admittedly violating one of the company���s ���cardinal��� safety rules. While the fired employee points out certain procedural defects in how the union handled his grievance, the union���s actions did not constitute a breach of its duty of fair representation. Further, the apprentice and his electrician admitted to violating safety protocols, and Morton had previously fired three or four other employees for violating its ���cardinal rules.��� Last December, the U.S. Department of Labor cited Morton���s Louisiana mine for a ���pattern��� of health or safety violations that could end in serious injury or illness, the first time a U.S. mine had been so sanctioned since 2014.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: September 6, 2023, Case #: 6:22cv1863, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Employment, Labor / Unions
J. Doughty denies requests by a Louisiana sheriff and the warden of a privately operated parish prison to dismiss claims of a pattern and practice of ���tacit authorization��� of both excessive force on manacled prisoners and denial of medical care for their injuries, resulting in constitutional violations. The brutality claims stem from a suit by an inmate who alleges specific facts about how deputies repeatedly struck his broken jaw while he was in restraints, on separate occasions. His denial-of- medical care claims relates to injuries from three separate stabbings by fellow inmates, including two attacks in one day. The authorities argued that prisoner���s claims should be dismissed because he had not exhausted his administrative remedies. However, the inmate has sufficiently alleged that the grievance procedures at the jail were unavailable to him because authorities refused to provide him with the necessary forms.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 5, 2023, Case #: 1:22cv3198, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Health Care
J. Doughty denies summary judgment to both the manufacturer and a Louisiana seller a $350,000 motor home, declining to dismiss a suit by an equipment company based in Montana. There is a genuine issue of material fact regarding the redhibitory defects of the vehicle for which the manufacturer is allegedly responsible. Moreover, there is also a genuine dispute of a material fact regarding the waiver in the ���buyer���s order��� and its relationship to a service contract for both the dealership and the manufacturer, making summary judgment on these issues inappropriate.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 29, 2023, Case #: 6:22cv871, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Contract
J. Doughty denies a request by a private security firm to dismiss age-based discrimination complaints by a fired guard who alleges the company failed to act despite knowing his supervisor harassed him, in part, by informing new hire employees that ���they are not to listen to anything I have to say because I am old.��� Adopting the findings of a magistrate judge���s report, the record indicates the litigant has plausibly alleged sufficient facts for an age discrimination claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 23, 2023, Case #: 3:22cv6165, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Hicks grants a request by an insurance company dismissing bad-faith claims brought by their insureds, two Shreveport homeowners, arising from alleged roof damage caused by hail. The ruling finds no evidence exists to support a finding that the insurer acted arbitrarily or capriciously. Specifically, the homeowners have not submitted any evidence that shows that their insurer did not have a legitimate question as to whether the damage may have been caused by wear and tear. On the contrary, the insurer submitted evidence that shows that once the litigants reached an undisputed figure of $311,117, the insurer issued payment to the homeowners within the statutory time frame.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: August 18, 2023, Case #: 5:20cv634, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Doughty, on remand from the Fifth Circuit, finds that two owners of a tract of northwest Louisiana land atop vast quantities of natural gas, have proved they suffered damages for the loss of royalties, due to the calculations of a bank that managed their oil and gas assets. The ruling also finds the property owners have been damaged as a result of the fault of a named bank employee. A briefing schedule on the damage issue is set for September 6, 2023.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 17, 2023, Case #: 5:16cv1152, NOS: Other Contract - Contract, Categories: Energy, Evidence, Damages
J. Doughty grants a request by a seaman, dismissing his employer���s lawsuit for a ruling that it owes no living expenses and medical care for injuries sustained while cleaning tanks on a docked drilling rig, based on allegations that he denied any prior back and knee injuries and previous drug use. The dismissal is based on a magistrate judge���s survey of Western District precedents for declaratory rulings in ���maintenance and cure��� cases. The ruling allows the seaman to pursue his claims against his employer in state court.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 15, 2023, Case #: 6:22cv5808, NOS: Marine - Contract, Categories: Fraud, Health Care, Maritime
J. Whitehurst holds that a Louisiana student has ���more than diligently��� attempted to serve a lawsuit filed in 2021 on a French national who continues to evade service and criminal charges on allegations that he raped her on a college retreat. The lower court ruling makes ���no findings or conclusions��� regarding the woman���s request for reconsideration of a district judge���s recent order denying her request for default judgment against the rape suspect. The alleged victim has properly served the French fugitive either by mail or by email.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: August 14, 2023, Case #: 6:21cv430, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, International Law, Assault
J. Cain denies a request by an internet service provider to dismiss defamation counter-claims by a contracted telecommunications installer, arising from allegations that the installer performed poor work and failed to complete its job. The contractor���s claims lack sufficient factual allegations to establish a claim for defamation and interference with its business relationships. Because the case is in its ���infancy,��� the contractor will be allowed to amend its counterclaim to address deficiencies noted in the ruling.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 11, 2023, Case #: 2:23cv436, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Defamation, Business Expectancy
J. Doughty denies summary judgment to an insurance company for an oil and gas exploration company, finding that the insurer has not demonstrated that the exclusions it cites in its commercial liability policy actually applies to the facts of the property owner���s land contamination case. Therefore, because an issue of material fact exists, summary judgment is denied.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 11, 2023, Case #: 3:21cv1070, NOS: Torts to Land - Real Property, Categories: Environment, Property, Damages
J. Cain denies summary judgment to an insurance company for a trucking company, finding the insurer has not provided sufficient evidence that the driver of a tractor-trailer was an independent contractor, thereby triggering the policy���s independent contractor exclusion. The driver was carrying a load of paper towels eastbound on Interstate-10 in Louisiana when a front tire blew out, causing him to lose control and cross into oncoming traffic in the westbound lanes striking a passenger vehicle.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 10, 2023, Case #: 2:19cv1478, NOS: Insurance - Contract, Categories: Employment, Tort, Vehicle
J. Joseph grants an Eleventh Amendment immunity request by the Louisiana Department of Environmental Quality, dismissing the state regulatory agency from a land contamination suit by neighboring property owners of a now-closed pipe valve manufacturing facility. Although the state agency remained an ���active participant��� in the litigation, the agency previously indicated that it did not intend to waive its Eleventh Amendment immunity by such participation.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: August 9, 2023, Case #: 1:22cv263, NOS: Land Condemnation - Real Property, Categories: Environment, Immunity, Agency
J. Doughty grants summary judgment to a Louisiana resident and his wife, dismissing as time-barred allegations by his two brothers that they forged both their mother���s will and power of attorney over her estate, Even if the litigants��� claims were not prescribed, the sued brother and his wife successfully argue that his brothers��� claims of fraud fail on their merits. The court agrees. The sued brother and his wife assert, without opposition, that ���both the will and the power of attorney are authentic acts under Louisiana law since they were executed before a notary public and two witnesses.���
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 9, 2023, Case #: 3:21cv4146, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Evidence, Fraud
J. Doughty denies a request by a North Louisiana parish prison commission to dismiss an inmate���s claims that understaffing of the jail has resulted in lax enforcement of contraband rules and smoking bans. A magistrate judge���s report supports the prisoner���s claims that the officials��� negligence has resulted in non-smoking inmates and jail employees being exposed to cancer-causing tobacco smoke and ill effects from synthetic marijuana, such as the litigant���s excessive coughing and nosebleeds. ���In Louisiana, prison authorities owe a duty of reasonable care to protect inmates from harm.���
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 8, 2023, Case #: 3:21cv4037, NOS: Prison Condition - Habeas Corpus, Categories: Health Care, Negligence, Prisoners' Rights
J. Summerhays denies summary judgment to a global services contractor for private industry and the U.S. government on a top executive���s claim he was wrongly discharged, during the course of medical treatment for PTSD and traumatic brain injury, arising from his military service in Iraq. The record casts doubt on the corporation���s ���proffered reasons��� for the executive���s termination ��� his alleged poor performance and the company���s reorganization. A reasonable juror could conclude the company���s explanations were a pretext for his firing.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: August 7, 2023, Case #: 6:20cv192, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Employment Retaliation
J. Doughty grants a request by a general contractor on a hospital project, dismissing all claims by a subcontractor���s employee who was injured when a scaffolding collapsed from the seventh floor outside the facility leaving him harnessed, suspended in mid-air and suffering from blood loss to a severed artery in his arm. The injured worker���s tort claims against the general contractor are precluded by the exclusivity provisions in the Louisiana Worker���s Compensation Act because the contractor qualifies as his statutory employer.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 7, 2023, Case #: 6:22cv5899, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Employment, Tort, Workers' Compensation
J. Joseph denies requests by two sets of property owners in central Louisiana for class certification of their land contamination suit against the owners of a now-closed pipe valve manufacturing plant. The property owners cannot show that common questions of law and fact predominate over individualized questions particularly with respect to how the issues of causation and damages would apply to each individual litigant. Viewing all the claims as a whole the most prominent legal and factual issues appear to relate to the cause of alleged personal injuries and damages rather than liability.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: August 3, 2023, Case #: 1:21cv24, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Damages, Class Action