14 results for 'judge:"Jolivette Brown"'.
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Damages, Negligence
J. Jolivette Brown denies a request by insurers to exclude the damage estimates of a certified public accountant for a high school suing a flooring company for fire damage to its gymnasium. The insurers argue a reasonable juror is capable of adding numbers and calculating the soft costs element, which requires one act of multiplication to obtain a 10% sub-amount. While a jury may be capable of adding and multiplying numbers, the fact that a “soft costs” calculation requires a 10% sub-amount is not within the common knowledge of lay person. As such, the expert’s testimony will assist the jury.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: March 8, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Damages, Experts
J. Jolivette Brown grants a request by an insurance company, dismissing a homeowner’s contract claims arising from her hurricane-related property damages. The policy was issued to the mortage lender. The homeowner, as mortgagor, has not established she is entitled to any benefits from the policy. She unsuccessfully argues the remaining balance on the mortgage is $695,000 and, because the policy limit of $1 million exceeds the mortgage balance by $387,000, the lower, remaining amount is intended to benefit her. The policy does not contain a provision stating that any excess payment would be given to the mortgagor.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 28, 2024, Case #: 2:23cv6691, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Jolivette Brown grants a request by a Nevada resident for an order freezing $294,000 worth of his cryptocurrency assets traced to private accounts held by a purported investor he is suing for fraud. The litigant has shown that irreparable harm will ensue absent a restraining order, considering the speed with which cryptocurrency transactions are made, as well as the anonymous nature of those transactions. The potential recovery of assets will disappear if the accused is allowed to transfer the allegedly stolen assets into inaccessible digital wallets, which could occur at any moment.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 23, 2024, Case #: 2:24cv393, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Conversion
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J. Jolivette Brown grants a request by domestic and foreign insurers to stay litigation initiated by a property owner, ordering him to arbitrate his storm-damage related claims. Although Louisiana law ordinarily prohibits enforcement of arbitration clauses concerning insurance disputes, an international treaty on arbitration supersedes state law. Furthermore, the McCarran-Ferguson Act, which the property owner cites, does not apply to an international treaty.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: January 19, 2024, Case #: 2:23cv6464, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Insurance, International Law
J. Jolivette Brown denies summary judgment to a flooring company on its argument the lessee of a gymnasium building, a popular Catholic high school, cannot recover for fire damage allegedly caused by the improper disposal of self-heating wood stain rags. The law is unclear as to whether St. Augustine, as a lessee, has a right of action to pursue a claim for property damages or loss of property value under these circumstances. Additionally, there are fact issues in dispute regarding the extent of the obligation assumed by St. Augustine by way of the lease agreement.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: January 17, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Damages, Product Liability, Experts
J. Jolivette Brown grants summary judgment to an insurance company and against the owner of an aircraft on his breach of contract claim, arising from hurricane damage to his plane which crashed three months later while en route to scheduled repairs from the storm, destroying the aircraft and killing the pilot. The insurer successfully argued it paid the plane’s owner the full policy amount of $65,000, the agreed value of the aircraft, following the crash. The owner does not dispute that additional payment for the hurricane’s damages to the aircraft would constitute impermissible double recovery. The ruling does not address the plane owner’s additional claims of negligence, bad faith or breached duties as the insurer’s request is limited only to further payment for property damage to the aircraft under its policy.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: November 7, 2023, Case #: 2:23cv678, NOS: Insurance - Contract, Categories: Insurance, Property, Aviation
[Consolidated.] J. Jolivette Brown denies summary judgment to a chartered fishing boat company, declining to dismiss contribution claims by owners of two vessels in an inland waterway that were towing a pipe that accidentally collided with the fishing boat, injuring a passenger. There is a genuine dispute of material fact as to the proportional fault of the charter boat owner and the two vessel owners. It is also too early to determine if the fishing boat charter underpaid its share of damages to its injured passenger, as proportional fault of the three vessel owners has not yet been decided.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: September 5, 2023, Case #: 2:22cv4535, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Tort, Indemnification
J. Jolivette Brown grants a request by a passenger on a fishing vessel to split trial proceedings of his personal injury claims against the owners of three vessels, arising from the boat’s collision with a pipe being towed in an inland waterway of coastal waterway. Bifurcation of the limitation and damages phases of the consolidated cases is proper. That way, if the litigant claims in the limitation is denied he can return to state court to seek damages. Separating the issues of liability and damages would expedite and economize the limitation proceeding, which is aimed at determining whether the litigant’s claims were caused by the negligence of the vessels’ owners or the unseaworthiness of the vessels involved.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: July 7, 2023, Case #: 2:22cv4535, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Tort, Damages
J. Jolivette Brown denies a request by the San Francisco-based sublessor of a 17-story New Orleans hotel and apartment complex to dismiss breach of contract claims by the owner of the property, alleging that the international hospitality company has failed to provide security for its occupants, resulting in shootings and other violence on the premises. The sublessor argues it has not violated any contractual obligation regarding security, as the sublease makes clear that it does not control the common areas of the hotel. The property owner may amend its complaint to cite any provision of the sublease that the sublessor has allegedly breached.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 21, 2023, Case #: 2:23cv692, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Jolivette Brown denies a request by the Orleans Parish District Attorney to appeal to the Fifth Circuit her ruling to allow a wrongly convicted defendant to sue the district attorney’s office after prosecutors under his predecessor hid exculpatory evidence at trial. The DA unsuccessfully argued that the alleged evidence policies in the litigant’s complaint are attributable to Orleans Parish — not to the DA’s office as an independent local government entity. However, the ruling that the DA seeks to appeal relied on Fifth Circuit precedent to find that Louisiana district attorneys act as autonomous local policymakers with respect to the policies and practices that govern their evidence disclosure duties.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 20, 2023, Case #: 2:22cv1520, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, Malicious Prosecution