16 results for 'judge:"Long"'.
J. Long compels arbitration of certain claims in a maritime cargo damage dispute related to shipment of 14,000 bags of cement from Port Said, Egypt, to a cement plant in Houston, Texas. The litigants’ agreement is valid and enforceable but does not stay the entire litigation.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: April 9, 2024, Case #: 2:23cv788, NOS: Marine - Contract, Categories: Arbitration, Maritime, Contract
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J. Long grants requests by two wholesale and retail car sales businesses to seal records because of unspecified information in a contract suit. The heavily redacted ruling indicates the widow of the founder of one business sued the other business on behalf of herself and their minor children for failure to pay $1.6 million required by an agreement. The resulting financial pressure allegedly caused the business founder to take his own life in 2022.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: March 1, 2024, Case #: 2:23cv1885, NOS: Insurance - Contract, Categories: Jury, Business Practices, Covid-19
J. Long affirms a lower court ruling in favor of a pest control company, barring its former employee from performing any pest control services for its prior or current customers for two years. The employee failed to show his former employer improperly modified the terms of his employment contract, which included a non-compete agreement. Furthermore, the record supports the trial court’s finding the pest control company’s loss of customer goodwill outweighs its ex-employee's preference for performing services for its clients. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: January 8, 2024, Case #: 22-356, Categories: Employment, Evidence, Whistleblowers
J. Long finds the trial justice properly upheld defendant town's enactment of an emergency moratorium ordinance, which paused the town’s review of the plaintiff’s solar-field projects. The solar-field submissions did not vest pursuant to Rhode Island law. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 28, 2023, Case #: 20-244, Categories: Administrative Law
J. Long finds the trial justice properly denied plaintiff's motion for a new trial after being convicted of operating a vehicle in reckless disregard of the safety of others that resulted in a death. Evidence supported his conviction and because he did not to raise his evidentiary objection before the trial justice, he waived it. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 26, 2023, Case #: 20-229, Categories: Vehicular Homicide
J. Long affirms a lower court ruling in favor of a city tax assessor and against a limited liability corporation. The lower court correctly held that a three-month statute of limitations barred the LLC’s challenge to the tax official’s assessment of its property taxes.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 22, 2023, Case #: 21-38, Categories: Civil Procedure, Government, Tax
J. Long affirms a family court ruling that distributes 50% of a retired government employee’s pension benefits, financial assets and property to his ex-wife, further holding that the trial justice did not err by sanctioning him $50,000, ordering a $16,000 credit to his former spouse and rejecting as baseless his assertions of a “double-standard” by the lower court. The ex-husband does not include any legal basis for his arguments. “Simply stating that the trial justice made a mistake does not amount to a legal argument.”
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 21, 2023, Case #: 21-19, Categories: Civil Procedure, Pensions, Property
J. Long vacates a family court’s decision awarding a Coventry woman half of her ex-husband’s state pension 24 years after finalization of their divorce. The woman’s request of the family court was “clearly untimely.” Having decided that the woman did not know about her former husband’s pension from the state department of corrections until 2017, the trial justice erroneously held that the woman’s request was not time-barred and ordered him to pay her a total amount of $83,284. The matter is remanded to the family court for further proceedings. Vacated.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 21, 2023, Case #: 21-328, Categories: Civil Procedure, Family Law, Property