11 results for 'judge:"Bourgeois"'.
J. Bourgeois grants a homeowner’s request of State Farm for policies and procedures for claims adjusters and home inspectors that applied during 2022, the year of hail damage to her property. The homeowner’s original discovery request for the insurer’s documents, from 2020 to present, is overly broad. The homeowner is suing State Farm for bad faith on allegations the insurer failed to provide full payment for hail damage so she was unable to fully repair her home, resulting in leak damages.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 10, 2024, Case #: 3:23cv211, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: Civil Procedure, Damages, Discovery
J. Bourgeois grants a request by a health care facility that treated a personal injury litigant, quashing parts of a subpoena by an insurer for information regarding the facility’s methods for determining the amounts to charge different patients for the litigant’s type of procedure. The insurer’s discovery requests impose an undue burden on the treatment facility because they include no time periods for assessing patient records. The treatment facility also has legitimate concerns that disclosure of its billing methods could affect its ability to negotiate a higher payment for its services from the insurer.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 15, 2024, Case #: 3:23cv582, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Health Care, Insurance, Vehicle
J. Bourgeois grants a request by the manufacturer of a prescription medical device marketed as a noninvasive cosmetic surgery to remove fat, dismissing a patient's state law product liability claims the procedure caused her fat cells to thicken and expand instead. She does not directly state what warranty the manufacturer guaranteed. At best, she implies that the surgery was safe and would remove fat but this is not enough to support a breach of warranty claim.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 7, 2024, Case #: 3:23cv692, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Bourgeois grants and modifies requests by two former employees of a Louisiana-based insurance brokerage, ordering the company to produce redacted personnel files and job descriptions of their former supervisor. The duo seeks the information for its state-law unfair practices suit on the argument they were actually employed by the parent company of the brokerage, not the subsidiary, and, therefore, they were not subject to the allegedly invalid and overly broad non-solicitation agreements with its subsidiary.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: January 24, 2024, Case #: 3:23cv596, NOS: Other Contract - Contract, Categories: Employment, Trade, Contract
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J. Fannie Mae denies a request by a Baton Rouge real estate company to dismiss a complaint by two apartment owners who argued that it must legally indemnify them against a foreclosure suit by Fannie Mae in exchange for being designated the exclusive property manager of their housing units. The apartment owners have alleged a plausible claim of legal indemnity against the realty firm, specifically that any potential finding of liability on their part would be “constructive or derivative” of the property manager’s own fault.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: October 17, 2023, Case #: 3:21cv551, NOS: Other Contract - Contract, Categories: Government, Property, Real Estate
J. Bourgeois denies a request by an insurance company to depose additional corporate representatives on the issue of unpaid damages alleged by its insured, a business that owns 36 apartment complexes in Louisiana. The insurer argues that the president of the apartment complex corporation has given insufficient responses on the topic. That the business will not be required to designate a new corporate representative on the issue of damages does not leave the insurance company without any remedies.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: September 19, 2023, Case #: 3:22cv485, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. Bourgeois denies a requests by consul for the American Civil Liberties for the “complete files” of all juvenile offenders temporarily housed in the former death row facility at the state’s maximum security prison at Angola, Louisiana. Advocates for the detained children have not set forth any arguments as to why records dating to each juvenile’s adjudication are relevant to an upcoming hearing on current conditions at the youth detention facility on the 18,000-acre prison farm. The hearing is set for Aug. 15, 2023.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: July 9, 2023, Case #: 3:22cv573, NOS: Prison Condition - Habeas Corpus, Categories: Family Law, Government, Prisoners' Rights
J. Bourgeois grants requests by a physician and an orthopedic clinic, quashing an insurer’s subpoenas for 25 of 27 categories of documents. The ruling finds good cause to protect both clinic and the physician, a litigant’s rebuttal expert in a personal injury case, from the insurer’s overly broad and burdensome requests. The physician, under penalty of perjury, estimates that compliance with one request would require him to spend at least 30 minutes reviewing over 4,000 individual patient charts at his standard fee of $2,000 per hour (i.e. over $4 million). Requiring the production of documents sought for the sole purpose of providing potential statistical evidence to undermine the medical expert’s bias and credibility would be overly burdensome and disproportionate to the needs of the case.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: June 1, 2023, Case #: 3:22cv153, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Experts, Discovery