19 results for 'judge:"Milazzo"'.
J. Milazzo grants a preliminary injunction to a 71-year-old widow with a medical condition and sole custody of her 6-year-old granddaughter. The Louisiana Department of Health is ordered to continue paying the woman’s Medicaid health premium while she challenges the state’s termination of her benefit based on its “size of the family” criteria that does not include children or grandchildren. Louisiana stopped paying the grandmother’s monthly Medicaid premium in early April 2024, based on its conclusion she lived in a one-person home, a finding that does not include the child, who is dependent upon her for financial support. Louisiana’s Medicaid manual limits the state’s family size criteria to a household of two - an applicant and an eligible spouse.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 30, 2024, Case #: 2:24cv728, NOS: Other Civil Rights - Civil Rights, Categories: Government, Health Care, Medicaid
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Damages, Experts
J. Milazzo grants requests by insurers and against property owners suing them for inadequate compensation related to hurricane damage claims, staying the litigation pending arbitration. Contrary to the litigants’ argument, the arbitration clause at issue in the insurance dispute is enforceable under the New York Convention and federal arbitration law. The property owners’ claims of breach of contract, breach of duty of and bad faith damages claims fall under the policy’s arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:23cv4258, NOS: Insurance - Contract, Categories: Arbitration, Property, Damages
J. Milazzo denies requests by surplus line insurers to dismiss breach of contract claims and bad faith by a property owner alleging untimely and inadequate compensation for hurricane damage losses covered by the policy. Because the insurers fail to explain why dismissal of the suit, rather than a stay of proceedings, is warranted, the matter must be stayed pending resolution of arbitration proceedings.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:22cv3780, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Damages
J. Milazzo denies a request by a representative for a Louisiana investment firm, seeking to strike certain allegations from an Securities and Exchange Commission complaint against him and his employer that he says would prejudice the jury against him in a trial for a "cherry-picking" scheme. The SEC complaint includes allegations his previous employer fired him for inappropriate behavior that did not involve securities and that his current employer knew his ex-wife had accused him of misappropriating $450,000 from his sons’ trust accounts. The adviser can prevent prejudice by a pre-trial request to redact the allegations from the complaint “if and when it is shown to the jury.”
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: March 21, 2024, Case #: 2:23cv5650 , NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Jury, Securities
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J. Milazzo denies summary judgment to a white police officer on his request for immunity from excessive force claims by two black men. They were seriously injured when he fired four shots into a silver Camaro, one of three cars that had been “doing donuts” on the lakefront. Taking together the assumptions the two men were attempting to flee the parking lot to evade arrest, were under suspicion of reckless driving - a relatively minor crime - and the officer was not in immediate harm, a jury could reasonably find the degree of force used the officer was not reasonable.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 26, 2024, Case #: 2:21cv333, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Immunity, Police Misconduct
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Damages, Negligence
J. Milazzo grants a request for default judgment by a seller of construction material against a contractor for unpaid invoices amounting to $399,000. The contractor has failed to appear in court, respond to the suit or otherwise defend itself. However, the prevailing construction business’s request for attorney fees in the amount of $4,700 does not detail the lawyers hourly billing rate nor the hours spent on the litigation; therefore, the litigant must submit attorney fees and costs according to Louisiana law.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 8, 2024, Case #: 2:23cv511, NOS: Other Contract - Contract, Categories: Construction, Enforcement Of Judgments, Attorney Fees
J. Milazzo denies a request by the maker of an allegedly defective chemotherapy drug to vacate the multi-district court’s case management order in a mass product liability litigation. The pharmaceutical company unsuccessfully argued the lawyers for the cancer patient-litigants violated the multi-district litigation (MDL) court’s established procedure for controlling pretrial discovery by introducing new and previously excluded testimony. Out of 14 hours of preserved testimony, the drug-maker alleges only five violations, which can be cured by striking the improper testimony. The order specifically provides the MDL court will not decide issues related to admissibility of preservation deposition testimony at trial, which are reserved for the receiving courts.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: January 8, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Product Liability, Discovery
J. Milazzo grants a request by a mortgage lender to dismiss a homeowner’s hurricane-related claims that it obtained insurance at above-market rates that exceeded the mortgage amount, failed to list her as a named insured and did not use policy payments to repair her home. The homeowner has not alleged facts that support her misrepresentation claim, or her allegation the lender failed to distribute insurance proceeds for repair of her property. Furthermore, the loan agreement does not obligate the mortgage lender to procure additional insurance proceeds to repair her property.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: December 28, 2023, Case #: 2:23cv927, NOS: Truth in Lending - Torts - Personal Property, Categories: Property, Damages, Banking / Lending
J. Milazzo denies a request by state police to stay, pending appeal, a convicted sex offender’s suit alleging that since her intellectually disabling seizure, the state’s sex offender notification requirements have resulted in an unfair cycle of arrest, imprisonment and release for noncompliance. She now alleges the state requirements violate her constitutional rights to due process and the Americans with Disabilities Act. The state authorities fail to offer an argument on any of four factors required to obtain a stay pending appeal, including where the public interest lies in the litigation.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: December 21, 2023, Case #: 2:22cv2371, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Ada / Rehabilitation Act
J. Milazzo dismisses breach of contract claims by a crewboat company and its insurer, arising from a $3.3 million judgment against the two companies and in favor of a construction worker injured on the boat. The construction worker’s employer was not obligated to obtain insurance coverage for crew and employee liabilities, as the crewboat company and its insurer alleged.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: November 17, 2023, Case #: 2:17cv585, NOS: Marine - Contract, Categories: Insurance, Contract, Workers' Compensation
J. Milazzo grants summary judgment to a railroad, dismissing a construction laborer’s claims under a federal law that provides remedies to certain injured railroad employees. The laborer, who fell over 7 feet while climbing a water tank requiring two surgeries to his right knee, was not an employee at the time of his injury.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: September 22, 2023, Case #: 2:22cv258, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Remedies, Tort
J. Milazzo denies summary judgment to a hospital on its argument for a mitigation of damages alleged by a patient nervous system monitoring service. The hospital alleges that the neuromonitoring business knew in early 2019 that a health insurer would not pay for part of its service and that it would need to seek reimbursement from the hospital, yet the litigant took no further action until late 2020 and continued to perform more than 500 surgeries at the facility during that time. The neuromonitoring business provides evidence that it was not aware that the insurer’s refusal to pay for its service was a result of the hospital’s breach of the business’s exclusive deal with the medical center until late 2020. A jury could find that the neuro-monitoring business acted reasonably to mitigate its damages.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: September 8, 2023, Case #: 2:21cv1489, NOS: Other Contract - Contract, Categories: Health Care, Damages, Contract
J. Milazzo finds a Louisiana property owner was unjustly enriched by the amount of $35,909 by refusing to pay a Texas-based company for disaster recovery on his property. To date, the property owner has paid nothing. The property owner is bound to compensate the company for work done.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: July 31, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: Construction, Debt Collection, Contract
J. Milazzo dismisses as time-barred a claim filed by survivors of a deceased doctor employed by a manufacturer of a chemical agent found in the commonly used herbicide, Roundup. The doctor, an avid gardener, often used the lawn product, which family members linked to his development of fatal skin cancer. In addition, the litigants use an inapplicable provision of a state law and therefore may not recover punitive damages for their remaining wrongful death claim.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 14, 2023, Case #: 2:19cv9334, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Environment, Product Liability
J. Milazzo grants summary judgment to a Louisiana customer of a Texas limited liability company on its breach of contract claims, after it performed water mitigation services at his home after Hurricane Ida. Because the work done was that of a contractor, and the Texas company did not have a Louisiana contractor’s license, the contract violates Louisiana law. Without a valid contract, the Texas company’s breach of contract claim must fail.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 5, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: Construction, Damages, Contract
J. Milazzo denies a request by a pest control company to dismiss a religious discrimination suit by an employee fired for refusing to get a mandated Covid-19 vaccination. The former employee alleges he was terminated in August 2021 because he told his employer that his Catholic faith prevented him from being injected with the vaccine derived from aborted fetal cell lines. In response, a manager allegedly stated, “The Pope wants you to take it.” Terminix denies the allegation. The company unsuccessfully argued the ex-employee makes no factual connection between his “sincerely held belief and his termination.” The terminated exterminator has established a claim for religious discrimination.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 19, 2023, Case #: 2:22cv3701, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation