12 results for 'judge:"Papillion"'.
J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Restraining Order, Conversion
Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: Employment, Business Practices
J. Papillion denies a request by the U.S. Citizenship and Immigration Services to dismiss for lack of jurisdiction a Chinese citizen's claims concerning the delay in adjudication of her request for asylum. She alleges the agency has failed to comply with a non-discretionary requirement of federal agencies that requires adjudication of asylum applications “within a reasonable time.” The provision means jurisdiction exists as a federal question under a statute governing the administration of federal agencies.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 12, 2024, Case #: 2:23cv2, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Agency, Jurisdiction
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J. Papillion grants a university's motion to dismiss the age discrimination complaint against the president-chancellor and other college officials by an 82-year-old white, formerly tenured associate professor. The professor alleges the reasons for his firing - student complaints of allegedly racist and sexually inappropriate comments in class - are a pretext for age bias. Supervisors cannot be held individually liable under federal age discrimination law, and he has not exhausted his administrative remedies for his claims against the school.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: March 21, 2024, Case #: 2:23cv1423, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Education, Employment Discrimination
J. Jackson denies a magistrate judge’s recommended amount of $84,000 in contractual damages for a prevailing contractor’s failure-to-perform judgment against a fabricator of countertops. The recommendation would put the prevailing litigant in “a better position” than it would have been if the counter-top maker had performed as promised. stead, the prevailing contractor is awarded $68,000 in contractual damages and $46,000 in attorney fees.
Court: USDC Middle District of Louisiana, Judge: Papillion, Filed On: March 20, 2024, Case #: 3:19cv781, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Papillion grants summary judgment to a children’s hospital, dismissing an employee’s Title VII religious discrimination complaint arising from her nine-day suspension for failing to get a Covid-19 vaccination. Her suspension was lifted and accommodations were made after the last of her four affidavits articulated a bona fide religious belief that conflicted with the hospital’s vaccine requirement. The first three sworn statements included largely disjointed legal maxims, bible verses and portions of the Nuremberg Code on human experiments. The successful fourth affidavit finally stated the employee believes she is “a creation of the one true Creator Almighty,” and that “the body is the temple of the Holy Spirit and as such should not be used for medical experimentation.”
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: February 28, 2024, Case #: 2:22cv4757, NOS: Employment - Civil Rights, Categories: Evidence, Health Care, Covid-19
J. Papillion grants a request by a Louisiana corporate owner of a dock and barge on the Ohio River in Kentucky to dismiss for lack of jurisdiction claims by a marine transportation company that it is responsible for injuries sustained by its deckhand who slipped and fell into the water. The contacts of the Louisiana corporation’s subsidiaries cannot be imputed to it for purposes of jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: January 16, 2024, Case #: 2:22cv3835, NOS: Marine - Contract, Categories: Admiralty, Evidence, Tort
J. Papillion denies a request by a medical billing and collections company to set aside an order requiring it to produce records related to the payment of at least $355,000 for the medical treatment of a Dollar General customer who has filed a slip and fall action. Healthcare providers who treat persons seeking damages in personal injury cases are frequently called upon to participate in the discovery process, and the order is not unduly burdensome.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: November 9, 2023, Case #: 2:22cv2179, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Debt Collection, Health Care
J. Papillion denies a request for a preliminary injunction against the chief U.S. immigration agency submitted by a regional business center set up by Congress to give foreign nationals the potential to become permanent U.S. residents if they invest in commercial enterprises that create full-time jobs. The regional business center unsuccessfully argued that it would suffer irreparable harm if the government agency is allowed to implement a new rule requiring re-authorization of the regional centers for purposes of sponsoring new foreign investors and projects, such as a major Four Seasons hotel project in New Orleans. The ruling disagrees. An injunctive order would result in the U.S. losing a “significant amount” of regulatory authority over the foreign business centers and disserve the public.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: August 8, 2023, Case #: 2:23cv1534, NOS: Other Statutory Actions - Other Suits, Categories: Government, Immigration, Business Practices