319 results for 'court:"USDC Eastern District of Louisiana "'.
J. Guidry, ruling on remand from the Fifth Circuit, grants summary judgment to the medical manufacturer of an artificial shoulder. The patient cannot carry his burden to show the device was unreasonably dangerous due to failure to conform with any express warranty.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 1, 2023, Case #: 2:20cv2706, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Fallon denies a request by a co-trustee of a charitable trust to strike the jury trial demand of a co-trustee the court removed for breach of fiduciary duties. The surviving co-trustee's suit against his expelled cohort seeks monetary damages for funds to which the beneficiary trusts are entitled. This is a legal remedy and, therefore, the expelled trustee is entitled to a trial by jury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 30, 2023, Case #: 2:17cv5368, NOS: Other Contract - Contract, Categories: Trusts, Damages, Fiduciary Duty
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J. Fallon denies summary judgment to a fuel supplier domiciled in the United Kingdom on its request for a maritime lien of $296,000 against the charterer of a Liberian-flagged vessel for unpaid fuel costs. Even if the fuel was purchased by someone with apparent authority from the vessel, the issue of damages and the reasonability of fuel supplier���s calculations is ���factually pregnant," which is best resolved at trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 30, 2023, Case #: 2:23cv595, NOS: Marine - Contract, Categories: Evidence, Maritime, Business Expectancy
J. Roby denies a request by a staffing agency for New Orleans area hospitals to sanction counsel for a health care services provider for alleged harassment of its corporate representative related to her deposition for a contractual dispute. Only four pages of a deposition transcript have been provided and, therefore, it is impossible to know whether the accused litigant���s requests were proper.
Court: USDC Eastern District of Louisiana , Judge: Roby, Filed On: November 30, 2023, Case #: 2:22cv2322, NOS: Other Contract - Contract, Categories: Employment, Evidence, Health Care
J. Morgan grants a request by domestic and foreign insurers to arbitrate hurricane damage claims by a condominium association and stays its policy coverage suit pending out-of-court negotiations. The condo association argued the arbitration provision is against state public policy because Louisiana law generally prohibits arbitration agreements in insurance policies governing property within the state. While the court recently held that state law provides an exception to the prohibition on arbitration clauses to surplus lines carriers, such as the condo owners��� insurers, the provision cited is applicable at the award-enforcement stage only. Therefore, the association���s argument is premature.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: November 29, 2023, Case #: 2:23cv3546, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Jurisdiction
J. Barbier grants summary judgment to a group of insurers, dismissing claims of federal health care violations by primary care physicians one day after rejecting their antitrust claim, effectively gutting the doctors��� suit alleging they conspired to reject their claims for allergy services. The doctors unsuccessfully sought a ruling the insurers were violating Medicare and Medicaid regulations aimed at protecting health care providers from discrimination. None of the statutes cited provide the doctors with a right to sue the insurers, which the physicians acknowledge by their failure to respond to the insurers��� argument on this point.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: November 28, 2023, Case #: 2:18cv399, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence, Health Care
J. Fallon finds a South Louisiana shipyard has successfully invoked an Act of God defense and, therefore, is not liable for damages to one of 19 vessels moored at its docking facilities when Hurricane Ida struck in 2021. The shipyard did all it reasonably could to prevent an un-manned vessel from breaking free and slamming into a docked workboat, during the strongest storm to hit the area since the ���Last Island Hurricane��� of 1856. A litigant invoking the Act of God defense must show ���that the accident could not have been prevented by ���human skill and precaution and a proper display of nautical skills[.]������
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv3046, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Damages, Negligence
J. Fallon grants summary judgment to an Alabama shipyard and employer of a crane operator and against the owner of an offshore supply boat allegedly responsible for an offshore transfer accident that resulted in the crushing of the operator���s right hand, causing him to sustain partial amputation of his fingers. Because the shipyard has no obligation to indemnify the supply boat owner for vessel negligence, the shipyard similarly has no obligation to obtain insurance that would cover such indemnification.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv4004, NOS: Marine - Contract, Categories: Employment, Negligence, Indemnification
J. Africk denies a request by the lessor of land underneath a 19-story office tower to dismiss state law unfair trade practice claims by the owner and developer of the building, arising from a dispute over insurance provisions of a ground lease. The text of the contract cited by the lessor is ambiguous and dismissal of the building owner���s unfair trade practice claim based on the phrase "reasonably obtainable" would be inappropriate at this time.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: November 20, 2023, Case #: 2:23cv2085, NOS: Other Contract - Contract, Categories: Insurance, Real Estate, Contract
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. Brown denies remand to a private landowner in coastal Louisiana that seeks to evict a natural gas pipeline company and removal of its pipelines after a 20-year lease agreement expired. The 15,000-acre landowner, which also issues annual fishing and hunting permits, unsuccessfully argues that because the tenant���s annual rent was only $2,500, it would take 30 years of nonpayment of rent to reach the $75,000 minimum for federal jurisdiction. The ruling finds the landowner���s proposed annual rent of $6,000 with periodic increases is more appropriate; raising the disputed minimum of the 20-year lease to at least $120,000. The energy company says it would cost at least $75,000 to remove its pipelines and equipment.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 16, 2023, Case #: 2:23cv04989, NOS: Rent Lease & Ejectment - Real Property, Categories: Energy, Landlord Tenant, Jurisdiction
J. Currault grants a request by an education technology company that provides classroom audio and camera systems, ordering a software development company to supplement its responses to more specifically identify the trade secrets that the technology company has allegedly stolen. A recently enacted rule requires a statement of a greater degree of particularity than the categories within which the trade secret information may fall, such as that set forth in the publicly available complaint, and more than simple generalized descriptions.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: November 15, 2023, Case #: 2:22cv2862, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, Evidence, Trade Secrets
J. Vance grants an unopposed motion by surplus line insurance companies to compel arbitration and stay proceedings initiated by a commercial property owner in Louisiana, alleging failure to mail appropriate payments on hurricane damage claims and breach of insurance contract. The parties' policy contains a valid, enforceable arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 14, 2023, Case #: 2:23-cv-03415, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Damages
J. Vance denies a request by a mental health clinic to dismiss for lack of jurisdiction the disability discrimination claim of a paraplegic social worker, who alleges the clinic withdrew a job offer after learning she used a wheelchair for mobility and provides services to clients from the back of her handicap van, which is driven by her personal nurse. Each of the clinic���s objections are non-jurisdictional and, therefore, not properly asserted. As the employer���s objections relate to the substantive adequacy of the litigant���s Americans with Disabilities Act claim, its objections must be raised in a separate request challenging the merits of her claim.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 13, 2023, Case #: 2:23-cv-02129, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination
J. Fallon denies summary judgment to a maritime employer of a seaman on negligence claims the company interfered with his medical treatment and refused to investigate or acknowledge his work-related injuries, and attempted to coerce him to continue laboring despite his injuries. Multiple questions of material fact exist as to whether the seaman was trained and experienced on the task that led to his injury claim. Additionally, the employer asserts the deckhand himself was negligent and partially at fault for his injury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv232, NOS: Marine - Contract, Categories: Employment, Maritime, Damages
J. Fallon denies summary judgment to the insurer of a tree removal company���s truck on its request to dismiss a hurricane debris worker���s negligent injury suit, arising from the lowering of a steel stabilization leg that crushed his right foot. As a matter of law, the truck constitutes mobile equipment under the insurer���s policy.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Damages, Negligence
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. Africk grants summary judgment to the FDIC, the government-appointed receiver of a failed New Orleans bank, finding a group of insurance policies cover the FDIC���s timely claims against the bank���s CEO for breach of fiduciary duty and gross negligence in approving loans at the director level.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: November 8, 2023, Case #: 2:22cv9, NOS: Insurance - Contract, Categories: Bankruptcy, Insurance, Banking / Lending
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
J. Guidry denies a Texas couple���s request for remand to a Louisiana state court, rejecting their argument a New Orleans tree care company impermissibly transferred their suit alleging that it, New Orleans and others are liable for critical injuries their young son suffered when a large oak limb fell and crushed him as he sat with his family sat on a bench in historic Jackson Square. The rule that the parents cite does not prohibit the litigant���s so-called ���snap removal��� of their suit to federal jurisdiction. The child remains hospitalized in a coma and ���his future is uncertain.���
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: November 6, 2023, Case #: 2:23cv2768, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Jurisdiction