53 results for 'judge:"Fallon"'.
J. Fallon grants a request by officials of a parish council, dismissing the claims of a resident alleging they violated his due process rights by improperly denying him a permit to sell Valentine’s Day gifts. The entrepreneur’s councilman withdrew an enabling resolution, after admonishing the resident for his treatment of council staff. He accused parish elected officials of abuse of power. The Valentine’s Day salesman’s suit is dismissed as previously litigated in state courts.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 1, 2024, Case #: 2:23cv2035, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution, Government
J. Fallon compels a biotechnology company to produce unredacted copies of certain communications between non-attorneys and portions of a lab notebook in patent infringement claims concerning non-invasive prenatal testing technology, and denies all other requests to compel documents.
Court: USDC Delaware, Judge: Fallon, Filed On: April 26, 2024, Case #: 1:20cv1734, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Fallon finds an international commodity trading company based in the U.K. is entitled to $629,000 in unpaid invoices for fuel delivered to a cargo vessel in Spain. The fuel provider has not been paid by either of two charterers or the vessel. The vessel was arrested in the Port of New Orleans and released on a $775,000 bond. The commodity trader is provided to a maritime lien against the vessel’s owner for the unpaid fuel, plus interest and fees for a total amount of $722,000.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 25, 2024, Case #: 23cv595, NOS: Marine - Contract, Categories: Maritime, Damages, Banking / Lending
J. Fallon grants a policyholder’s request for default judgment against an insurer for liability in connection with its alleged failure to provide sufficient funds to cover hurricane damage to her two properties. Although the insurer received service in October 2023, it did not engage in the litigation by February 2024. The insurer also did not participate in a March 2024 hearing in which the property owner took the stand and testified to “the saga she has experienced in the years following Hurricane Ida [2021] attempting to work with various State Farm adjusters, inspectors and representatives." Citing an incomplete evidentiary record as to the more than $4.5 million sought, a separate proceeding must be held on the damages to which the property owner is entitled.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 12, 2024, Case #: 2:23cv4618, NOS: Insurance - Contract, Categories: Evidence, Insurance, Damages
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J. Fallon denies summary judgment to an oilfield service cleaning business on its failed argument that Louisiana law, not general maritime law, applies to its contractual dispute with an oil and gas exploration company. Maritime law applies to contractual indemnity provisions when the contract is a maritime contract. Therefore, under its master services agreement, the cleaning business must indemnify both an oil and gas exploration company and the owner of a movable jack-up rig in an injury action against the cleaning company's worker arising from a crane-related accident aboard the rig on the Outer Continental Shelf of the Gulf of Mexico.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 4, 2024, Case #: 2:23cv78, NOS: Marine - Contract, Categories: Energy, Choice Of Law, Contract
Magistrate Fallon declines to dismiss patent claims for willful and contributory infringement because a pre-suit notice letter provided knowledge of infringement, and the pleadings did not undermine that the accused products are not a staple article or commodity of commerce suitable for non-infringing use. Also, false marking and advertising claims have been sufficiently pleaded to survive at this stage.
Court: USDC Delaware, Judge: Fallon, Filed On: March 28, 2024, Case #: 1:23cv80, NOS: Patent - Property Rights, Categories: Patent
Magistrate Fallon declines to compel the reproduction of unredacted copies of documents containing training about a 2013 FTC decision and order that had been withheld and/or redacted based on attorney-client privilege because plaintiffs did not waive privilege by using training presentations as both a sword and a shield.
Court: USDC Delaware, Judge: Fallon, Filed On: March 27, 2024, Case #: 1:21cv245, NOS: Patent - Property Rights, Categories: Discovery, Privilege
J. Fallon finds the owner of two nuclear power plants has proven it is entitled to damages in the amount of $1.5 million for repairs to its catwalks and supporting structures after a runaway barge slammed into the facilities’ protective clusters during Hurricane Ida. The owner has carried its burden on the elements of duty, breach and damages. The barge owner has failed to rebut the presumption of causation and, therefore, is liable to for the storm-related damages.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 25, 2024, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Maritime, Damages
J. Fallon denies a Texas-based alcoholic beverages distributor’s request to dismiss a negligence and defamation suit brought by a former driver. He alleges 16 months after he left the company, a lawyer for his ex-employer falsely informed a U.S. Department of Transportation website he refused to take a drug test. The allegations “just barely” support a defamation claim of reckless disregard for the truth.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 22, 2024, Case #: 2:24cv304, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Negligence, Defamation
J. Fallon grants summary judgment to a New Orleans area river transportation company on its argument any liability it may incur for damage to steel coils shipped from Korea is limited to no more than $500 per coil, pursuant to provisions of a barge transportation agreement with an intermediary hired to transport the cargo from New Orleans to Illinois and Ohio. Because both barge transportation companies expressly agreed to the terms, the New Orleans-based business may enforce the limitation provision.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 15, 2024, Case #: 2:23cv27, NOS: Marine - Contract, Categories: Evidence, Maritime, Contract
J. Fallon dismisses two counts of discrimination in claims concerning a pharmaceutical company's mandate that workers receive Covid-19 vaccines for continued employment. The theory of "natural immunity" cannot justify a religious exemption, and thus the employees fail to state a claim for disparate treatment and failure to accommodate members of a proposed class.
Court: USDC Delaware, Judge: Fallon, Filed On: February 21, 2024, Case #: 1:22cv1634, NOS: Employment - Civil Rights, Categories: Immunity, Employment Discrimination
J. Fallon, following a one-day trial of negligent damage claims by a shipyard against a family-owned marine facility located approximately 1,000 yards upstream, finds the litigant-facility is 65 percent responsible for damage to its own dock and two of its ships and the family-owned shipyard is 35 percent responsible for a breakaway vessel striking other maritime property during Hurricane Ida in 2021. The shipyard bears the most fault due to the number of deficiencies and the nature of flaws in its mooring arrangement of two vessels.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: February 7, 2024, Case #: 2:22cv154, NOS: Marine - Contract, Categories: Evidence, Maritime, Damages
J. Fallon declines to dismiss infringement claims concerning two patents directed to establishing a point-to-point connection between electronic devices through the use of an image pattern because the claims are not directed to an abstract idea set forth under step one of the "Alice" analysis.
Court: USDC Delaware, Judge: Fallon, Filed On: February 5, 2024, Case #: 1:23cv218, NOS: Patent - Property Rights, Categories: Patent
J. Fallon finds for the insurance company of a bankrupt New Orleans-based genetic testing laboratory whose principals were barred from participation in any federal health care program for 25 years after they admitted to a fraudulent kickback scheme. The insurer for the failed laboratories is not required to pay state judgments in favor of two former employees in an employment compensation dispute totaling $3.2 million. The breach of contract exclusions contained in provisions of the bankrupt laboratories apply to the ex-employees' claims.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 29, 2024, Case #: 2:22cv5410, NOS: Insurance - Contract, Categories: Bankruptcy, Employment, Fraud
J. Fallon grants a request by Ernst & Young and orders the regulatory Federal Deposit Insurance Corp. to arbitrate its claims that the accounting giant failed to design audit procedures to discover fraud at a failed New Orleans bank. Government regulators specifically allege the firm’s breach of fiduciary duties resulted in the firm’s failure to detect a least $125 million in losses from the fraudulent conduct of the bank’s president and CEO. The FDIC-R, which is today “standing in the [b]ank’s shoes” as its receiver, would have been bound by an arbitration agreement between the accounting firm and the bank’s holding company.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 23, 2024, Case #: 2:20cv1259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Administrative Law, Arbitration, Banking / Lending
J. Fallon denies a request by a co-trustee of a charitable trust to strike the jury trial demand of a co-trustee the court removed for breach of fiduciary duties. The surviving co-trustee's suit against his expelled cohort seeks monetary damages for funds to which the beneficiary trusts are entitled. This is a legal remedy and, therefore, the expelled trustee is entitled to a trial by jury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 30, 2023, Case #: 2:17cv5368, NOS: Other Contract - Contract, Categories: Trusts, Damages, Fiduciary Duty
J. Fallon denies summary judgment to a fuel supplier domiciled in the United Kingdom on its request for a maritime lien of $296,000 against the charterer of a Liberian-flagged vessel for unpaid fuel costs. Even if the fuel was purchased by someone with apparent authority from the vessel, the issue of damages and the reasonability of fuel supplier’s calculations is “factually pregnant," which is best resolved at trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 30, 2023, Case #: 2:23cv595, NOS: Marine - Contract, Categories: Evidence, Maritime, Business Expectancy
J. Fallon grants summary judgment to an Alabama shipyard and employer of a crane operator and against the owner of an offshore supply boat allegedly responsible for an offshore transfer accident that resulted in the crushing of the operator’s right hand, causing him to sustain partial amputation of his fingers. Because the shipyard has no obligation to indemnify the supply boat owner for vessel negligence, the shipyard similarly has no obligation to obtain insurance that would cover such indemnification.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv4004, NOS: Marine - Contract, Categories: Employment, Negligence, Indemnification
J. Fallon finds a South Louisiana shipyard has successfully invoked an Act of God defense and, therefore, is not liable for damages to one of 19 vessels moored at its docking facilities when Hurricane Ida struck in 2021. The shipyard did all it reasonably could to prevent an un-manned vessel from breaking free and slamming into a docked workboat, during the strongest storm to hit the area since the “Last Island Hurricane” of 1856. A litigant invoking the Act of God defense must show “that the accident could not have been prevented by ‘human skill and precaution and a proper display of nautical skills[.]’”
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv3046, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Damages, Negligence
J. Fallon denies summary judgment to a maritime employer of a seaman on negligence claims the company interfered with his medical treatment and refused to investigate or acknowledge his work-related injuries, and attempted to coerce him to continue laboring despite his injuries. Multiple questions of material fact exist as to whether the seaman was trained and experienced on the task that led to his injury claim. Additionally, the employer asserts the deckhand himself was negligent and partially at fault for his injury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv232, NOS: Marine - Contract, Categories: Employment, Maritime, Damages
J. Fallon denies summary judgment to the insurer of a tree removal company’s truck on its request to dismiss a hurricane debris worker’s negligent injury suit, arising from the lowering of a steel stabilization leg that crushed his right foot. As a matter of law, the truck constitutes mobile equipment under the insurer’s policy.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Damages, Negligence