61 results for 'cat:"Evidence" AND cat:"Damages"'.
J. Africk grants summary judgment to an insurer on an apartment complex owner's breach of contract action related to hurricane damages. The litigant’s claim was premature when it was filed. He concedes he reported the claim to the insurer only nine days before filing the lawsuit, and almost two years after the hurricane. Additionally, despite the insurer’s efforts to contact the apartment complex owner’s counsel to schedule an inspection, the insurer received no response until after the lawsuit had been filed.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 6, 2024, Case #: 2:24cv369, NOS: Insurance - Contract, Categories: Civil Procedure, evidence, damages
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, damages, Negligence
J. Dick grants, in part, an insurer's motion for summary judgment, dismissing two Louisiana property owners’ counterclaims for fire damage. The insured couple are not able to produce sufficient evidence they resided at the house at the time of the blaze, as required by their insurance policy. The couple’s claims for fire-damaged contents remain.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 29, 2024, Case #: 3:23cv584, NOS: Insurance - Contract, Categories: Civil Procedure, evidence, damages
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J. Tijerina finds that the lower court properly ruled in favor of the city in this breach of contract case arising from an agreement to perform certain road improvements. On appeal, the construction companies contend that the evidence is insufficient to establish their breach of the contract. But the evidence showed a "failure to adhere to the progress schedule." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: April 25, 2024, Case #: 13-22-00416-CV, Categories: evidence, damages, Contract
J. Fallon grants a policyholder’s request for default judgment against an insurer for liability in connection with its alleged failure to provide sufficient funds to cover hurricane damage to her two properties. Although the insurer received service in October 2023, it did not engage in the litigation by February 2024. The insurer also did not participate in a March 2024 hearing in which the property owner took the stand and testified to “the saga she has experienced in the years following Hurricane Ida [2021] attempting to work with various State Farm adjusters, inspectors and representatives." Citing an incomplete evidentiary record as to the more than $4.5 million sought, a separate proceeding must be held on the damages to which the property owner is entitled.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 12, 2024, Case #: 2:23cv4618, NOS: Insurance - Contract, Categories: evidence, Insurance, damages
J. Pitman finds that the district court properly found for a client on his legal malpractice action against his lawyer. In the client's affidavit, he detailed the negligent representation by the lawyer during their attorney-client relationship lasting from 1991 until 2017. Further, the lawyer admitted to the acts of legal malpractice and the losses caused by it. However, the damages awarded should be vacated because the amount owed to the client cannot be determined from the supporting documents to the motion for summary judgment. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,607-CA, Categories: evidence, damages, Legal Malpractice
J. Thompson finds that the jury properly awarded $3 million in exemplary damages to a driver after she was injured in a collision with the dislodged wheel from a drunk driver's car. In this case, the drunk driver's blood alcohol content was four times the legal limit, and the record shows that he repeatedly failed to disclose the truth of his consumption of alcohol that day and often changed his story to his family and coworkers regarding the circumstances surrounding the accident. Also, the record shows that the drunk driver's conduct of driving while intoxicated was not an isolated incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: April 10, 2024, Case #: 55,599-CA, Categories: evidence, Tort, damages
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: evidence, damages, Labor / Unions
J. Emas finds the trial court did not err by granting the citizen's motion to amend her complaint to add a claim for punitive damages in her lawsuit against the motorist who backed into her in a parking lot and pinned her between two cars, causing injuries requiring surgery. Despite varying accounts given from witnesses, there was an evidentiary basis to allow the citizen to add her claim for punitive damages because, she asserts, the motorist was drunk at the time of the incident. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 27, 2024, Case #: 23-0639, Categories: evidence, damages, Negligence
J. Fallon finds the owner of two nuclear power plants has proven it is entitled to damages in the amount of $1.5 million for repairs to its catwalks and supporting structures after a runaway barge slammed into the facilities’ protective clusters during Hurricane Ida. The owner has carried its burden on the elements of duty, breach and damages. The barge owner has failed to rebut the presumption of causation and, therefore, is liable to for the storm-related damages.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 25, 2024, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: evidence, Maritime, damages
J. Cain finds for a town and against its insurer, holding the grid baffle waterflow control system in the municipality’s wastewater treatment facility, which was destroyed by winds from back-to-back hurricanes, is covered by its insurance policy. The insurer failed to support its argument the damage was not covered because the baffle system is “mobile equipment” and not a building.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 22, 2024, Case #: 2:22cv2300, NOS: Insurance - Contract, Categories: evidence, damages
J. Dick denies summary judgment to a Baton Rouge casino hotel, declining to dismiss a Texas gambler’s negligence claims related to a piece of wire she allegedly consumed at the gaming hall. A factual dispute remains concerning where and when the guest ingested the wire, while her limited food intake and the timing of her abdominal pain are enough to present a factual issue as to the casino hotel’s breach of duty.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:22cv304, NOS: Insurance - Contract, Categories: evidence, Tort, damages
J. Dorsey awards the litigation support company $217,500 in damages in this trademark infringement suit. The infringing company waived its unenforceable penalty defense because of its failure to raise it in a timely manner, which materially prejudiced the other company's ability to obtain and present evidence. The liquidated-damages provision entitles the company to the award.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 19, 2024, Case #: 2:20cv2035, NOS: Trademark - Property Rights, Categories: evidence, Trademark, damages
J. Dick orders a Louisiana corrections officer to pay $12,500 in attorney fees to a state prisoner who was burned and stabbed by another inmate as the guard watched “and did nothing.” The inmate was awarded $10,000 in compensatory damages following a bench trial, and is entitled to the maximum under the Prison Litigation Reform Act.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 19, 2024, Case #: 3:19cv29, NOS: Prison Condition - Habeas Corpus, Categories: evidence, damages, Police Misconduct
J. Cain denies summary judgment to an insurer that paid more than $8.4 million in hurricane damage claims to a nonprofit corporation providing housing for the physically and mentally disabled. The nonprofit seeks statutory penalty amounts for bad faith, arising from allegedly untimely payments of the policy proceeds. The record shows there was “significant back and forth communication” between the nonprofit’s general contractors, the insurer’s adjusters and the insurer regarding the payment of various expenses. Whether any one payment was withheld or delayed in an arbitrary and capricious manner in violation of the statutes is dependent upon the facts known to the insurer at the time of its actions.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 6, 2024, Case #: 2:22cv3042, NOS: Insurance - Contract, Categories: evidence, damages, Experts
J. Barrett finds the trial court properly entered summary judgment in favor of the mining company. A partner in the crystal mine brought this lawsuit seeking damages for an alleged breach of a nondisparaging agreement in a previous settlement providing for liquidated damages of $250,000 if the settlement was breached. The record shows no evidence the partner made reasonable efforts to secure another partner's deposition, and a resulting affidavit testifying to certain statements regarding alleged thievery, in breach of the nondisparaging agreement, is hearsay. The residual-hearsay exception is not applicable being that no compelling reason for attaching more than average credibility to the hearsay has been shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 6, 2024, Case #: CV-23-211, Categories: evidence, damages, Contract
J. Christopher finds that the trial court properly ruled in favor of the auto parts delivery driver in her personal injury suit over a rear-end crash caused by another driver. The evidence sufficiently supports the damages awarded to the delivery driver for medical expenses and the finding that the accident caused the injuries to her cervical spine and hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 5, 2024, Case #: 14-23-00338-CV, Categories: evidence, damages, Negligence
J. Doss finds that the lower court properly awarded physical impairment damages in this lawsuit involving a car accident. Contrary to the appellant's argument, the evidence sufficiently supports the award, and the jury had "great discretion for how to allocate damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00114-CV, Categories: evidence, Tort, damages
J. Summerhays grants a request by an insurance company for a truck driver and his employer, conditionally reducing a jury award of $2.9 million to a motorist seriously injured in an accident. The jury’s award of $500,000 for future medical expenses is not supported by evidence and, therefore, is reduced to $291,000. However, the litigant has the right to reject the reduction and elect to submit to a new trial on the future medical expenses portion of the case.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 1, 2024, Case #: 6:19cv56, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, Tort, damages
J. Byrne finds that the trial court properly ruled to dismiss a family’s claims in a damages case it filed against several companies that operated a well-lease that failed and affected the family’s cattle ranch. The family has failed to present any evidence that would suggest some of the companies can be forced to pay for damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 29, 2024, Case #: 03-22-00063-CV, Categories: evidence, Property, damages
J. Fallon, following a one-day trial of negligent damage claims by a shipyard against a family-owned marine facility located approximately 1,000 yards upstream, finds the litigant-facility is 65 percent responsible for damage to its own dock and two of its ships and the family-owned shipyard is 35 percent responsible for a breakaway vessel striking other maritime property during Hurricane Ida in 2021. The shipyard bears the most fault due to the number of deficiencies and the nature of flaws in its mooring arrangement of two vessels.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: February 7, 2024, Case #: 2:22cv154, NOS: Marine - Contract, Categories: evidence, Maritime, damages
J. Wise finds that the trial court properly awarded damages to the property owner on his trespass claim against a neighbor over his encroaching fence and debris. There is sufficient evidence that the neighbor committed trespass by refusing to allow the owner to move the fence and debris. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00603-CV, Categories: evidence, Property, damages
J. Ashe denies summary judgment to a surplus line insurance company on its request to dismiss a property owner’s breach of contract and hurricane damage claims on grounds there is no evidence there was a storm-created opening in the roof that caused damage to leak into the building’s exterior. Although one of the policy holder’s insurance adjusters cannot offer opinion testimony, the sum of other expert testimony creates a disputed issue of material fact as to the cause of the water intrusion and whether it is covered by the policy.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: January 25, 2024, Case #: 23-3292, NOS: Insurance - Contract, Categories: evidence, damages, Experts
J. Pitman finds that the trial court should not have dismissed a lawnmower operator's claim for exemplary damages related to a collision with a truck. In this case, the lawnmower operator's claim may be granted if intoxication was a cause-in-fact of the accident at issue. The lawnmower operator provided two affidavits of witnesses who swore that the truck driver appeared to be drunk and that he admitted to having had something to drink. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: January 10, 2024, Case #: 55,411-CA, Categories: evidence, damages
J. Rivas-Molloy finds that the lower court properly found in favor of an ex-husband in a defamation case. The jury found that the ex-wife had made 13 defamatory statements alleging the ex-husband is involved in child pornography and is a pedophile. The jury awarded him damages for past and future injury to his reputation and mental anguish. Evidence is sufficient to support the lower court’s findings and award of $2.1 million. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-16-00584-CV, Categories: evidence, damages, Defamation
J. Quinn finds that the damages awarded in this case concerning a construction contract for a dairy facility lack a "foundation in evidence." Accordingly, the court will modify the judgment by striking the damages portion but otherwise affirm the remainder of the judgment, which also invalidated a mechanic's lien. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 20, 2023, Case #: 07-23-00078-CV, Categories: evidence, damages, Contract