32 results for 'judge:"Guidry"'.
J. Guidry finds that the lower court properly granted the contractor's motion to vacate an arbitration award stemming from a dispute with a subcontractor. The award was rendered against an entity that "was not a party to the subcontract agreement containing the arbitration clause," so the arbitrator exceeded his authority in rendering the award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: April 17, 2024, Case #: 2023CA1114, Categories: Arbitration, Contract
J. Guidry finds for a downtown New Orleans taxing district, dismissing its white former security guard’s Title VII complaint concerning his black supervisor’s alleged continual breakroom tirades against racist white people, the K.K.K., Donald Trump and "'racist white police officers that shoot [b]lack people because they hate them’.” Even assuming the supervisor’s remarks can constitute race-based harassment, the conduct the ex-officer alleges pales in comparison to the kind of verbal harassment circuit courts have held support a Title VII hostile workplace claim.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 19, 2024, Case #: 2:21cv1323, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Police Misconduct
J. Ashe grants a request by an alleged police brutality victim, awarding civil penalties in the total amount of $17,000 for the city’s failure to timely respond to his state law public records requests for interviews by internal affairs investigators, 911 call materials and police body-worn camera footage. The city acted unreasonably or arbitrarily by failing to give any explanation for its seven-business-day delay in responding to the litigant’s first public records request, instead stating he did not suffer any injury due to the de minimus delay. A civil penalty is not awarded based on the injury suffered by the requestor; it is awarded when a custodian unreasonably fails to timely notify the requestor of the availability of records, advise of an exception for their production or provide an estimated completion date.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 1, 2024, Case #: 2:19cv11803, NOS: Other Civil Rights - Civil Rights, Categories: Public Record, Damages, Police Misconduct
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J. Guidry vacates the trial court's judgments in an auto accident case that stems from a driver hitting a deer on the interstate. The trial court improperly denied the motion for mistrial since nine of the twelve jurors were not in agreement regarding the allocation of fault to each party. Also, a directed verdict was erroneously granted on the affirmative defenses of force majeure and sudden emergency because there was conflicting testimony about the parties' actions after the deer entered the roadway. Vacated.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: February 23, 2024, Case #: 2023CA0718, Categories: Jury, Negligence
J. Guidry finds that the lower court properly affirmed a decision of the civil service board that upheld the officer's termination after an incident in which she was found outside of a bar in her marked police vehicle and could not drive home due to being intoxicated. The fired officer claimed the incident resulted from her use of prescribed antidepressant medication and having a few drinks, but the record supports the finding that she violated departmental policy and that her termination was done in good faith and for cause. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: February 23, 2024, Case #: 2023CW0880, Categories: Administrative Law, Employment, Experts
J. Guidry finds that the trial court partly erred in its apportionment of attorney fees in a dispute between a lawyer and his former law firm over fees for certain clients. For those clients where there was an abuse of discretion in the apportionments, the fee splits are modified accordingly. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: December 27, 2023, Case #: 2023CA0022, Categories: Civil Procedure, Attorney Fees
J. Guidry denies requests by a parish school board and a school bus monitor to dismiss civil claims he repeatedly sexually abused a severely intellectually disabled child under age 10, on the argument that sexual abuse does not qualify as actionable discrimination under federal disability discrimination laws. While the Fifth Circuit has not directly addressed the issue, based on persuasive evidence in circuit precedents, as well as the plain statutory language, the school bus monitor’s alleged sexual abuse of the disabled child may be actionable discrimination under Title II of the Americans with Disabilities Act and the Rehabilitation Act.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv1532, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Jurisdiction
J. Guidry denies a request by the Louisiana State Police to dismiss Title VII racial discrimination claims by a white former lieutenant who alleges two less qualified, non-white lieutenants were promoted ahead of him to captain in the department’s gaming enforcement division. The department unsuccessfully argues that although the lieutenant may have held the highest examination grade and had the most years-in-service, he was not necessarily more qualified because he had “no actual gaming experience.” While this may be true, and while the department may ultimately prevail, the lieutenant has set forth plausible allegations that he suffered race discrimination.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv772, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Guidry, ruling on remand from the Fifth Circuit, grants summary judgment to the medical manufacturer of an artificial shoulder. The patient cannot carry his burden to show the device was unreasonably dangerous due to failure to conform with any express warranty.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 1, 2023, Case #: 2:20cv2706, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Guidry finds that the trial court properly dismissed a slip and fall suit against the store and its insurer. The patron did not show the store had actual or constructive notice of the alleged dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: November 29, 2023, Case #: 2023CA0559, Categories: Negligence
J. Guidry sets aside defendant's conviction for unauthorized use of a motor vehicle, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: November 9, 2023, Case #: 2023KA0162, Categories: Plea, Vehicle
J. Guidry denies a Texas couple’s request for remand to a Louisiana state court, rejecting their argument a New Orleans tree care company impermissibly transferred their suit alleging that it, New Orleans and others are liable for critical injuries their young son suffered when a large oak limb fell and crushed him as he sat with his family sat on a bench in historic Jackson Square. The rule that the parents cite does not prohibit the litigant’s so-called “snap removal” of their suit to federal jurisdiction. The child remains hospitalized in a coma and “his future is uncertain.”
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: November 6, 2023, Case #: 2:23cv2768, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Jurisdiction
J. Guidry grants a motion by FedEx to apply Texas law in determining the amount the driver can recover for any past medical expenses he may be awarded if successful in his action alleging that he was seriously injured when his vehicle was rear-ended by a FedEx delivery truck. The driver is a Texas resident and drives a vehicle registered in Texas. Although he was injured while passing through Louisiana, all but one of the medical providers with whom he sought care are also located in Texas. Therefore, Texas has the greater interest in the application of its laws to the question of the driver's recoverable past medical expenses.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: October 31, 2023, Case #: 2:22cv3194, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Choice Of Law
J. Guidry finds that the trial court properly ruled in favor of the state government agencies in the pharmacy parties' suit challenging a contract entered into with CaremarkPCS Health. The agencies' exception of no cause of action was correctly granted since the disputed contract is a consulting services contract not subject to review by the Joint Legislative Committee on the Budget. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: October 20, 2023, Case #: 2023CA0054, Categories: Government, Health Care, Contract
J. Guidry finds the circuit court improperly tolled defendant’s probation period after a five-year delay in issuing a bench warrant for his arrest. Because the circuit court did not hear or issue a decision on a motion to revoke his probation due to the delay, the provision that governs tolling does not apply. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Guidry, Filed On: October 16, 2023, Case #: CAAP-22-356, Categories: Drug Offender, Probation
J. Guidry grants summary judgment to two insurance companies, holding that a New Orleans hotel, which experienced six separate losses during renovations in 2017, is not an additional insured on an insurance policy between the insurers and the general contractor.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: September 20, 2023, Case #: 2:18cv1380, NOS: Insurance - Contract, Categories: Insurance, Damages
J. Guidry, ruling on remand from the Fifth Circuit, grants summary judgment to two sued insurers and against a New Orleans hotel operator and its general contractor regarding the proper meaning of a phrase in an insurance policy. The insurers are correct: the applicable deductible for the hotel’s flood claim, calculated as 5% of the value of the renovation project at the time of the flood, with a minimum of $500,000, is $3,443,475. There are no genuine disputes of material fact as to this issue. The insurers are entitled to summary judgment .
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: September 14, 2023, Case #: 2:18cv1380, NOS: Other Contract - Contract, Categories: Construction, Damages, Contract
J. Guidry grants a request by a Louisiana-based insurance agency, dismissing the entity from a hurricane-damage suit brought by a suburban New Orleans realty company against a carrier in Ohio. The insured has made no allegation that the agency obtained the wrong type of policy or that it failed to account for a relevant history in making insurance recommendations. Therefore, the agency did not owe the insured a heightened duty of care nor did it fail to provide any insurance coverage requested by the realty company.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: August 24, 2023, Case #: 2:22cv2883, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract