9 results for 'judge:"Zainey"'.
J. Zainey denies a request by Walmart to dismiss as time-barred an overnight stocker’s malicious prosecution and defamation suit. She argues the clock on her claims did not begin running until after a city prosecutor dismissed Walmart’s theft claims. The store had her arrested for twice purchasing multiple packages of newly marked-down meat after her shift ended. In neither instance did she alter the pricing labels, and she paid full price for the meat. Walmart may raise its prescription argument later.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: April 23, 2024, Case #: 2:23cv6441, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Defamation
J. Zainey denies a request by an insurer to strike a jury demand by the owner of a fire-damaged vessel who originally sued the insurer in state court for bad faith insurance practices. The insurer has no right under federal law to a bench trial and the court is persuaded it would commit reversible error by denying the vessel owner its Seventh Amendment right to a jury trial. Once the insurer removed the vessel owner’s suit to federal court, its dissatisfied client was entitled to a jury under the Seventh Amendment.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: March 20, 2024, Case #: 2:23cv2796, NOS: Insurance - Contract, Categories: Jury, Choice Of Law, Business Practices
J. Zainey denies summary judgment to an insurer on its argument that its policy for an aircraft does not cover approximately $79,000 worth of repairs. The damage falls within a wear-and-tear exclusion, not as the result of “a single-recorded incident which requires immediate repair.” The policy fails to define the term “single-recorded incident” and “immediate repair;" therefore, the ordinary meaning of the terms control. Because both the insurer and the policyholder offer reasonable interpretations of the terms, the policy is ambiguous under state law and must be interpreted in favor of the policyholder.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: February 28, 2024, Case #: 2:22cv4603, NOS: Insurance - Contract, Categories: Evidence, Insurance, Aviation
J. Zainey declines to dismiss the employees' collective action complaint accusing the employer of denying them overtime compensation. The employer, which is a carrier by air, argues that the employees are exempt from the overtime requirements of the Fair Labor Standards Act due to the applicability of Title II of the Railway Labor Act. The basis for the employer's affirmative defense is not found on the face of the employees' complaint. At this stage in litigation, the employer cannot interject "extraneous evidence" to support its affirmative defense prior to the start of discovery.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: October 23, 2023, Case #: 2:23cv2674, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Discovery, Labor
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J. Zainey grants summary judgment to the husband of a woman who died in Italy and against her nephew and niece, who argued her spouse exerted undue influence, pressuring her to sign the change of beneficiary insurance form in his name when she was incapacitated. “Undue influence” is not a viable method for challenging beneficiary designations on insurance policy contracts under Louisiana law. Therefore, the husband’s request for summary judgment is granted to the extent it is asserted as a “standalone claim.” The ruling finds “no meaningful difference” between the laws of Italy and Louisiana in the case, so Louisiana law will apply.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: October 2, 2023, Case #: 2:23cv919, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Insurance, Choice Of Law
J. Zainey refuses to dismiss a federal disability discrimination complaint by a former administrative assistant. She says she was unjustly fired after the Church administrator refused to allow her to work from home following hurricane damage to ministry offices. The post-storm growth of mold, mildew and fungi allegedly triggered her disability, an allergy to the Alternaria fungus, which causes her to experience severe asthma attacks and loss of lung function. The ministry’s arguments that its former employee “sat on her rights” or that she engaged in litigation “gamesmanship that should not be rewarded are simply not persuasive.”
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: September 15, 2023, Case #: 2:23cv2376, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination
J. Zainey grants a request by Uber and the estate of a college student to stay a wrongful death suit against the rideshare company and its driver, pending arbitration of claims arising from a traffic accident after he picked up the student from a Mardi Gras weekend parade route in February 2022. If the claims against Uber are not resolved by arbitration, the case will be reopened upon request by any litigant.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: August 24, 2023, Case #: 2:23cv1533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Transportation, Wrongful Death