6 results for 'casenum:"22cv15"'.
J. Zainey denies summary judgment to an ex-defendant whose murder conviction was vacated on constitutional grounds after he spent more than 28 years in prison. The former defendant cannot rely on the "self-flagellating” post-conviction admissions of the New Orleans District Attorney in 2021 to fulfill his burden of proof in his civil rights suit against the DA's office, alleging prosecutorial misconduct by prior regimes. When the DA joined the defendant’s post-conviction appeal, he sought justice for the ex-defendant and he did so “at the risk of his own office’s coffers, the protection of which would have better served his own office."
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: December 7, 2023, Case #: 22cv15, NOS: Insurance - Contract, Categories: Civil Rights, Constitution, Malicious Prosecution
J. DeGravelles denies summary judgment to the owner of an offshore production platform on its argument that is entitled to immunity from liability as the borrowing employer of a worker injured while working as part of a “human chain” to move grocery boxes from pallets to storage locations on the structure. There is conflicting evidence regarding whether the conduct of contractors on the platform modified the contract provision purporting to prohibit borrowed employee status and disputes of fact regarding the control the various contractors exercised, during the incident.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 21, 2023, Case #: 3:22cv15, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Immunity, Damages
J. Du denies the former employee's motion to dismiss the employer's suit alleging that he stole its trade secrets and confidential information to unfairly compete in the Nevada mining company transportation market. Dismissal on the basis of Nevada’s Uniform Trade Secrets Act preemption is premature. The employer has sufficiently pled its claims and is entitled to plead alternative statutory and non-statutory theories of relief even when theories are duplicative. Deceptive Trade Practices claims are dismissed, as there are no allegations as to when or where misrepresentations were made, or to whom.
Court: USDC Nevada, Judge: Du , Filed On: September 20, 2023, Case #: 3:22cv15, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Transportation
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J. Maze denies the Tennessee Valley Authority's motion to dismiss three cases arising from a fire at a dock that resulted in deaths, injuries and property losses. A 1963 indenture agreement, which conveyed certain property from the TVA to the county, is an indemnification agreement, rather than a release.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: July 28, 2023, Case #: 5:22cv15, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Wrongful Death