319 results for 'court:"USDC Eastern District of Louisiana "'.
J. Currault grants a Louisiana power company leave to amend its claims arising from damage to its waterfront facility by breakaway barges on the Mississippi River. The power company established good cause to amend its claims after a litigation deadline, based on discovery responses from owners of vessels, barges and equipment involved in the maritime accident.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 8, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Negligence, Discovery
J. Barbier, following a bench trial, finds that the owner of a twin-screw pushboat breached its contract with a shipyard for repairs, and owes the shipyard for work invoiced at $572,113. The ruling finds that the shipyard is entitled to prejudgment interest at a rate of 6% per annum from July 30, 2021, until paid.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 7, 2023, Case #: 2:22cv1169, NOS: Marine - Contract, Categories: Evidence, Maritime, Contract
J. Ashe denies requests by contractors on public construction projects in Louisiana to dismiss claims by a surety that issued performance and payment bonds for the developments. Pursuant to their agreement, the contractors are required to indemnify the surety against losses arising from their failure to complete five of the eight construction projects. In addition, the contractors as indemnitors have failed to demonstrate that the project owners and creditors are required contributors to their agreement with the surety.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 7, 2023, Case #: 2:23cv1097, NOS: Other Contract - Contract, Categories: Construction, Indemnification, Injunction
J. Van Meerveld orders State Farm to produce contested documents for the court���s private review by June 9, 2023. The auto insurer must ���clearly identify��� redacted portions of documents it claims are attorney-privileged from the version inadvertently turned over to an insured client suing his carrier for bad faith. The litigant argues that all the documents designated as privileged by State Farm are not entitled to such protections and he refuses to destroy the materials as the insurer requested. Trial is set to begin on Aug. 21, 2023.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: June 6, 2023, Case #: 2:22cv4550, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Discovery, Attorney Fees
J. Africk denies the property owner���s breach of contract claim against his insurer for failing to pay any of his $300,000 claim for hurricane damage. The mere facts that the property owner has an insurance policy and has not been paid for alleged damages do not constitute factual allegations sufficient to allow for the plausible conclusion the insurer���s actions are ���arbitrary, capricious, and unsupported by any evidence and constitute bad faith.��� The policyowner is offered one opportunity to amend his complaint to provide more specifics and facts to support his claims.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: June 5, 2023, Case #: 2:23cv1463, NOS: Insurance - Contract, Categories: Evidence, Insurance, Damages
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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. Barbier grants summary judgment to the Federal National Mortgage Association establishing the liability of the owner of six separate borrowers, all of which are the owner���s limited liability companies, which are all now in bankruptcy. The fact that the borrowers filed for bankruptcy automatically accelerated the federal loan, and the borrowers became personally liable for all payments immediately due, without any written notice required from Fannie Mae.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 2, 2023, Case #: 2:22cv2588, NOS: Other Contract - Contract, Categories: Bankruptcy, Housing, Banking / Lending
J. Vance dismisses a State pretrial detainee���s civil rights claims against the Jefferson Parish Sheriff as ���frivolous��� and without merit. The ruling also adopts the findings of a magistrate judge���s report, allowing the detainee to proceed on claims that he couldn���t walk after three Kenner City police officers threw him on the ground and beat his ankles with ���a long black stick.��� The defendant���s excessive force complaint is stayed, pending resolution of criminal charges he slashed a woman���s face with a razor.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 2, 2023, Case #: 2:23cv197, NOS: Prison Condition - Habeas Corpus, Categories: Constitution, Police Misconduct, Prisoners' Rights
J. Lemmon denies summary judgment to a property management company on vicarious liability claims in civil rights claim by a pregnant tenant who alleges the landlord���s manager directed a sheriff���s deputy to use his authority to attempt an unlawful eviction of her and her family. The landlord argues it had no contractual relationship with the deputy, who was merely the landlord's friend, picking up a key from an evicted tenant. The now-former deputy asserts that he was a ���partner��� with the landlord, performing repairs, odd jobs and possibly rent collection, for 10% of the profits of the properties he worked on, as well as hotel discounts and cash gifts. Fact issues preclude a finding that ���no master-servant��� relationship existed between the landlord and the cop.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: June 2, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Landlord Tenant, Police Misconduct
J. Fallon denies a request by an attorney for a new trial, after a jury awarded her estranged husband $7,500 for economic loss, $1,500 for mental anguish and $10,000 in punitive damages, related to her unauthorized use of his electronic financial accounts. The lawyer objected to the deterrence-oriented penalty, noting that an order denying her ex-husband���s request for attorney fees remarked on his ���lack of clean hands��� in the matter. The jury ���reasonably concluded��� that her former spouse was entitled to punitive damages. The trial court may not reverse the jury���s verdict ���merely because it would have concluded otherwise.���
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 1, 2023, Case #: 2:21cv542, NOS: Other Fraud - Torts - Personal Property, Categories: Jury, Damages, Attorney Fees
J. Fallon denies summary judgment to Walmart, ruling that evidence of a fallen fruit cup has helped a shopper meet his high burden of proof for a slip-and-fall lawsuit brought under Louisiana���s Merchant Liability Act. Walmart argued that the shopper failed to prove that its employee, who was stacking shelves earlier in the day, knocked down the fruit cup found near the accident scene. At the current stage of the case, the shopper ���does not need to prove��� that the store created the condition which caused his fall. The factual dispute over how the fruit cup and the spilled liquid came to be on the aisle floor is sufficient to carry the shopper���s claims to trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 31, 2023, Case #: 2:22cv3482, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Business Practices
J. Vance denies a request by a creditor of a bankrupt landlord for sanctions against a commercial tenant for an allegedly ���frivolous��� appeal of a bankruptcy court ruling favoring the creditor for the collection of allegedly unpaid rent. The appeal was ���ultimately resolved by authorities neither litigant cited, none of which was a clear, unambiguous��� holding of the Fifth Circuit or the Louisiana Supreme Court. The matter is therefore distinguishable from the type of appeals that have been found to be sanctionable.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 31, 2023, Case #: 2:22cv4167, NOS: Other Fraud - Torts - Personal Property, Categories: Bankruptcy, Landlord Tenant, Sanctions
J. Summerhays grants dueling discovery requests by a contractor and subcontractor, stemming from a contract dispute for various construction projects and services at a U.S. Army testing site for weapons systems and military equipment. Both contractors have failed to respond to the other���s requests and must supplement their responses, pursuant to a detailed order. Neither side is awarded attorney fees or costs.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: May 31, 2023, Case #: 2:22cv959, NOS: Other Contract - Contract, Categories: Construction, Military, Contract
J. Morgan grants requests by neighbors of a parish landfill for disclosure of the private operators��� redacted information about other dumps they operated. The litigants say the landfill operator���s financial and operational information will provide them with evidence of the companies��� knowledge of environmental risks associated with accepting certain types of waste. The landfill operators unsuccessfully argued disclosure of their financial information and operations at other dump sites would have the unfair effect of ���inflaming��� the jury. The neighbors��� request for the information is proper.
Court: USDC Eastern District of Louisiana , Judge: Morga, Filed On: May 26, 2023, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Environment, Damages, Discovery
[Consolidated.] J. Africk grants summary judgment to seven offshore workers who filed personal injury claims arising from a liftboat���s capsizing, dismissing claims by two insurance carriers seeking to recover payments for medical compensation and indemnity benefits. Both insurance carriers waived subrogation in their insurance contracts with the workers��� employers as required by master service contracts.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 24, 2023, Case #: 2:19cv10850, NOS: Marine - Contract, Categories: Tort, Contract, Workers' Compensation
J. Barbier grants summary judgment to State Farm, dismissing a homeowner���s charges that the insurance giant acted in ���bad faith��� when it denied coverage, arising from storm damage by Hurricane Ida in 2021. The evidence demonstrates that State Farm had a ���reasonable basis��� to question whether the cause of the damage was covered under the homeowner's policy, which did not cover flood or mold losses. Therefore, State Farm did not act arbitrarily or capriciously in denying her insurance claim.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: May 22, 2023, Case #: 2:22cv581, NOS: Insurance - Contract, Categories: Construction, Insurance, Damages
J. Vitter denies summary judgment to the sheriff of Jefferson Parish in suburban New Orleans on his arguments that he cannot be held individually liable by the parents of an autistic teenager on wrongful death claims, arising from his suffocation by deputies outside of a laser tag game center. The sheriff says he cannot be liable because he was ���not physically present��� on the scene on the day of the youth���s death. However, the parents correctly point out that the Fifth Circuit has held that police supervisors can be held liable for failure to adopt policies and to supervise or train subordinates. The sheriff does not dispute that the autistic youth���s parents make multiple allegations in their 80-page complaint concerning his failure-to-train subordinates.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: May 19, 2023, Case #: 2:21cv80, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Constitution, Discovery
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