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LOUISIANA RECORD

Thursday, November 21, 2024

Charmaine Little News


Retaliation case against St. Tammany Parish sheriff is partially dismissed

By Charmaine Little |
NEW ORLEANS — The St. Tammany Parish sheriff’s motion to dismiss for failure to state a claim was granted in part and denied in part in the U.S. District Court for the Eastern District of Louisiana on Dec. 20.

Leaseholder not liable for seaman's injuries from fighting off vessel fire

By Charmaine Little |
The U.S. District Court for the Eastern District of Louisiana determined an injured seaman’s general maritime negligence claims against a leaseholder of his contract couldn’t survive summary judgment and granted the motion in favor of the defendant on Dec. 21.

Appeals court backs dismissal of former St. John the Baptist Parish deputy's race discrimination case

By Charmaine Little |
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit recently upheld a decision by the U.S. District Court for the Eastern District of Louisiana to dismiss a race discrimination and retaliation lawsuit filed by a former deputy in St. John the Baptist Parish against the parish's sheriff.

Court dismisses property owners' negligence case against real estate agent, orders arbitration in dispute over sale

By Charmaine Little |
NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently granted a motion to dismiss and compel arbitration in a dispute involving the sale of a shopping center in Thibodaux.

$2.5 million award against BP vacated amid continuing litigation fallout

By Charmaine Little |
In what was said to be because of a calculation err from a lower court, the U.S. Court of Appeals for the Fifth Circuit vacated and remanded a $2.56 million settlement on November 9 for a company in an ongoing legal battle with BP.

Maritime status leads to partial summary judgment in indemnity case

By Charmaine Little |
The U.S. District Court for the Eastern District of Louisiana ironed out an indemnity issue and granted a motion for partial summary judgement on November 15 after a man was injured at work.

Court sides with boat towing company in indemnity case

By Charmaine Little |
On Nov. 16, the U.S. District Court for the Eastern District of Louisiana denied a maritime company’s motion for partial summary judgment in an indemnity case that sparked after a boat accident.

Judge orders arbitration in dispute over $1.2 million bill for Gramercy refinery construction project

By Charmaine Little |
NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently granted a motion to compel arbitration in a dispute over approximately $1.2 million in unpaid bills for construction work at a refinery in Gramercy.

Court dismisses claim by Ochsner employee that he is entitled to overtime pay

By Charmaine Little |
NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently granted a motion by Ochsner Health System to dismiss an employee's claim under the Fair Labor Standards Act (FSLA) that he was not paid for his overtime work as an organ procurement coordinator.

Inmate claiming false arrest hopes to add more deputies to his lawsuit

By Charmaine Little |
A Louisiana prison inmate took his accusations of being falsely arrested and brutally beaten to the U.S. District Court for the Eastern District of Louisiana, hoping to include two more deputies in his lawsuit submitted May 3, according to his filing.

Man awarded over $1 million in helicopter crash

By Charmaine Little |
A Louisiana man is entitled to more than $1 million after suffering injuries from a helicopter crash, the United States District Court for the Eastern District of Louisiana ruled on October 26.

Court determines EPA didn't properly respond to claims

By Charmaine Little |
On Oct. 25, the U.S. District Court for the Eastern District of Louisiana granted in part and denied in part Gulf Restoration Network’s motion to strike the U.S. Environmental Protection Agency’s answer as non-responsive.

U.S. District Court moves indemnity case to Montana

By Charmaine Little |
A case between an insurance company and a couple of its trucking clientele was approved to be transferred to a different court from the U.S. District Court for the Eastern District of Louisiana on Oct. 22.

Tulane University, pharmaceutical company debate patent of synthetic opioid

By Charmaine Little |
On October 25, the United States District Court for the Eastern District of Louisiana denied in part and granted in part a Tulane University organization and one of its medical researcher’s motions for partial summary judgement for counterclaims against them in a case involving a patent for a synthetic opioid compound.

District court dismisses 2 counts in construction companies' breach of contract dispute

By Charmaine Little |
A construction subcontractor was only partially victorious in its breach of contract lawsuit against a related business in the United States District Court for the Eastern District of Louisiana on October 25.

Alleged assailant dismissed from case against Baton Rouge General Medical Center

By Charmaine Little |
After a mentally impaired patient was fatally beaten, the State of Louisiana Court of Appeal for the First Circuit determined on Oct. 25 that the man who allegedly assaulted him should legally be dismissed from the personal injury lawsuit.

Expert testimony dismissed in man's accidental death from bow and arrow

By Charmaine Little |
On Oct. 24, the United States Court of Appeals for the Fifth District affirmed a lower court’s testimony that barred an expert witness’s testimony from an accidental death involving a bow and arrow.

Leukemia patient's negligence case is remanded to civil district court

By Charmaine Little |
Judge Barry W. Ashe of the U.S. District Court for the Eastern District of Louisiana granted a man’s motion to remand a toxic tort case on Oct. 17.

Class action against Denka Performance Elastomer returns to state court

By Charmaine Little |
On Oct. 15, the U.S. District Court in the Eastern District of Louisiana granted a class action’s motion to remand the case back to state court but denied the class’ request for attorney’s fees and legal costs associated with a previous removal.

Lawsuit against Orleans Parish Prison compliance director can move forward

By Charmaine Little |
The U.S. District Court for the Eastern District of Louisiana ruled on October 5 that the Compliance Director of the Orleans Parish Prison isn’t protected under quasi-judicial immunity amid a lawsuit concerning the alleged illegal use of a temporary prison facility.