Charmaine Little News
Investigator who drew gun during civil action raid on physician's office has qualified immunity, court rules
NEW ORLEANS – An investigator who allegedly broke down the doors of a medical clinic during a search is protected under qualified immunity in a case filed by a doctor citing unlawful detention, the U.S. Court of Appeals for the 5th Circuit ruled.
Appeals court reverses 'failed business' declaration in Deepwater Horizon judgment
An appeals court placed fault with a district court in incorrectly ruling that a company was considered a “failed business” in its settlement agreement amid the 2010 BP oil spill payout and reversed and remanded a judgment.
Court rules that Dauphine Orleans Hotel failed to provide 'high degree of care' leading to guest's fall
NEW ORLEANS – A patron at a New Orleans hotel was owed a certain level of duty from the inn prior to his accidental fall, the U.S. District Court for the Eastern District of Louisiana ruled on April 9.
5th Circuit agrees nursery creditors do not have seniority among liens on bankrupt farm
NEW ORLEANS – Two nurseries lost their appeal in an agricultural lien contest after the U.S. Court of Appeals for the 5th Circuit affirmed a district court’s ruling on April 10.
Appeals court vacates summary judgment, sending Waste Management's case against rivals accused of bribing Nagin to trial
On April 10, the U.S. Court of Appeals for the Fifth Circuit sided against a company accused of bribing a former New Orleans mayor to close a landfill and reversed a previous summary judgment ruling in its favor.
BP is denied discretionary review in appeal of Deepwater Horizon settlement
NEW ORLEANS – In one of the remaining ongoing litigations from the 2010 Deepwater Horizon oil spill, the U.S. Court of Appeals for the 5th Circuit affirmed a ruling concerning costs in a settlement agreement that BP appealed.
Federal judge sends whistleblower case back to civil court
NEW ORLEANS – Judge Lance M. Africk of the U.S. District Court for the Eastern District of Louisiana remanded a whistleblower case back to state court on April 22.
Hospital granted summary judgment in discrimination case
NEW ORLEANS – A U.S. District Court ruled a deaf woman was not able to prove that the discrimination she claimed in her lawsuit was intentional when it granted the defendant a motion for summary judgment on April 22.
Federal court grants attorneys' fees and costs after FLSA settlement
NEW ORLEANS – A joint motion for Approval of Attorney’s Fees and Costs was green-lighted for a Fair Labor Standards Act (FLSA) lawsuit in the U.S. District Court for the Eastern District of Louisiana April 22.
Court rules on lawsuit involving man who picked up wet electrical cord
NEW ORLEANS – On April 23, the U.S. District Court for the Eastern District of Louisiana granted in part and denied in part Alliance Offshore, LLC and Alliance Liftboats, LLC’s motion for partial summary judgment in a personal injury lawsuit against them.
Federal court grants motion for summary judgment in maritime case
NEW ORLEANS – On April 26, the U.S. District Court for the Eastern District of Louisiana ironed out a complex case of a deal between maritime companies gone wrong, and granted a motion for summary judgment.
Firm's motion for attorneys' fees denied in post-Katrina Chinese drywall case
NEW ORLEANS – Attorneys’ fees for interest earned following a Chinese drywall issue during the aftermath of Hurricanes Rita and Katrina were denied in the U.S. District Court for the Eastern District of Louisiana on April 26.
Court again denies class-action certification in FLSA lawsuit against Associated Wholesale Grocers
NEW ORLEANS – On April 25, the U.S. District Court for the Eastern District of Louisiana denied a class action’s second motion for conditional certification and another motion for reconsideration that granted an employer its motion to dismiss opt-in plaintiffs in its Fair Labor Standards Act lawsuit.
Federal court grants summary judgment in favor of couple that sold French Quarter condo
NEW ORLEANS – A federal court sided with a Louisiana couple sued over allegations of negligent and intentional misrepresentations, granting them their motion for partial summary judgment on April 2.
Court denies appeal of subpoena ruling in insurance coverage for Jung Hotel restoration
NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana denied defendant Starr Surplus Lines Insurance Co.’s appeal against previous rulings that both denied its motion to enforce a subpoena and its motion for reconsideration of the court’s denial to enforce the subpoena.
Elevator patent dispute between Cajun Services, Besco Energy ends with dismissal due to jurisdiction
NEW ORLEANS – On April 3, the U.S. District in the Eastern District of Louisiana granted in part Cajun Services Unlimited LLC’s motion to dismiss for lack of jurisdiction a case filed against it by Benton Energy Service Co. over rights to an elevator roller insert system (ERIS).
Judge overrules Oceaneering International's objection to testimony in maritime injury case
NEW ORLEANS – Oceaneering International Inc.’s attempt to ban a plaintiff from bringing exhibits and a deposition testimony into evidence was sustained in part, overruled in part, and deferred in part by the U.S. District Court for the Eastern District of Louisiana on April 2.
Judge rules both captains negligent in Mississippi River collision that caused $1.1 million in damages
NEW ORLEANS – Both captains were negligent in a vessel collision that caused more than $1 million in damages, the U.S. District Court for the Eastern District of Louisiana determined on April 2.
Appeals court affirms ruling that health care lawyer is not entitled to disability benefits because of migraines
NEW ORLEANS – The U.S. Court of Appeals for the 5th Circuit recently affirmed a decision by the U.S. District Court for the Eastern District of Louisiana that determined a New Orleans health care lawyer was not owed disability benefits from her employer after suffering migraines.
Webinar on intellectual property available for entrepreneurs, business owners
Financial Poise's latest on-demand webinar titled IP-101, sponsored by EisnerAmper, encourages founders and entrepreneurs of blooming businesses to get educated on all things intellectual property.