Mary Ann Magnell News

$1.3 million dispute between Capital One, liquor company continues

By Mary Ann Magnell | Oct 22, 2018

GRETNA — A Louisiana Fifth Circuit Court of Appeals recently dismissed an appeal because it “lacked jurisdiction to consider the merits of the appeal,” and remanded a case to the trial court for further proceedings, additionally denying the motion by defendant Capital One N.A., et al, to strike plaintiffs' brief and its motion to dismiss the appeal as moot.

Lawsuit claims Ford Motor Co. breached the Louisiana Products Liability Act

By Mary Ann Magnell | Oct 22, 2018

NEW ORLEANS — A lawsuit filed in a U.S. District Court on Oct. 3 alleges the failure of the components of a 2006 Ford Expedition, namely the failure of the side air bag, caused the death of a Tangipahoa Parish man in December 2017.

Tulane Education Fund administrators named in lawsuit

By Mary Ann Magnell | Oct 22, 2018

NEW ORLEANS — A lawsuit filed in a U.S. District Court against Administrators of the Tulane Education Fund by a former employee alleges violations of the Americans with Disabilities Act, the Family Medical Leave Act, and the Fair Labor Standards Act.

Fired transgender employee sues Outback Steakhouse

By Mary Ann Magnell | Oct 18, 2018

A transgender woman accuses an Outback Steakhouse restaurant in Metairie of violating her civil rights.

Subcontractor violated a waste-hauling agreement, lawsuit claims

By Mary Ann Magnell | Oct 18, 2018

A Baton Rouge company faces a lawsuit over a contract dispute.

Honda files notice to move suit filed in 2017 fatal crash in Rapides Parish to federal court

By Mary Ann Magnell | Oct 15, 2018

ALEXANDRIA – American Honda Motor Co. Inc. (AHM) recently filed notice to remove a products liability lawsuit from the 9th Judicial District Court for Rapides Parish to the U.S. District Court for the Western District of Louisiana.

Agency seeks federal jurisdiction for train death lawsuit

By Mary Ann Magnell | Oct 12, 2018

The Louisiana Department of Transportation (LDOT) wants a federal judge to hear a lawsuit involving the death of a truck driver hit by a train.

Plaintiff's motion to remand mesothelioma case to a district court is denied

By Mary Ann Magnell | Oct 5, 2018

NEW ORLEANS— A motion to remand was recently denied by the Eastern District of Louisiana’s U.S. District Court in an asbestos litigation and survival suit filed by plaintiff Judith Punch Rivera on behalf her deceased mother.

Sureway Supermaket escapes lead paint allegations in lawsuit

By Mary Ann Magnell | Sep 6, 2018

Sureway Supermaket escapes lead paint allegations in lawsuit

Doris Metropolitan steakhouse reaches settlement with servers

By Mary Ann Magnell | Sep 5, 2018

A steakhouse and more than a dozen employees reached a settlement in a dispute over wages.

Two companies win contractor immunity argument in worker injury case

By Mary Ann Magnell | Sep 5, 2018

NEW ORLEANS — The U.S. District Court for the Eastern District of Louisiana recently granted motions for summary judgment filed by Darana Hybrid Inc. and W&H Systems Inc. in a workplace injury case.

Importer granted motion to dismiss claim by cigarette lighter distributor being sued in injury case

By Mary Ann Magnell | Sep 5, 2018

NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently granted a third-party defendant’s motion to dismiss due to lack of jurisdiction in a 2016 personal injury case in which a disposable cigarette lighter exploded and caused third degree burns to plaintiff Dorothy Hebert.

Bactes Imaging Solutions employee's sexual harassment claim goes to arbitration

By Mary Ann Magnell | Sep 5, 2018

An employee of a medical records company can pursue her sexual harassment claim, but only through arbitration, a federal judge ruled.

Family may add property manager to negligent security lawsuit, judge rules

By Mary Ann Magnell | Sep 5, 2018

A federal court granted in part and denied in part a motion for leave to file a supplemental and amended complaint in a lawsuit involving a February 2017 shooting that killed Kala Bienemy, a New Orleans mother of five.

Subcontractor denied delay damages for Mayfield Elementary School construction

By Mary Ann Magnell | Aug 29, 2018

Polk Construction Corporation and its surety will not have to pay damages to Industrial Mechanical Contractors Inc. (IMC) for delays in the building of Henry Mayfield Elementary School, an appeals court ruled.

Class action lawsuit over Waggaman landfill moved to federal court

By Mary Ann Magnell | Aug 28, 2018

NEW ORLEANS – A waste management company named as a defendant in a class action lawsuit over odors coming from a Jefferson Parish landfill recently filed notice to move the case to the U.S. District Court for the Eastern District of Louisiana.

Missouri company did not deliver sugar as promised, lawsuit claims

By Mary Ann Magnell | Aug 28, 2018

A sugar distributor accuses a sugar buyer of fraud in a Malaysian sugar deal gone bad.

Appeals court reverses summary judgment denial, backs mental patient's doctors at state facility

By Mary Ann Magnell | Aug 28, 2018

BATON ROUGE — A federal appeals court reversed a denial of summary judgment Aug. 16 in a case involving a patient at Eastern Louisiana Mental Health System (ELMHS) and rendered judgment in favor of the patient’s doctors.

Public service drives New Orleans attorney as she prepares to lead the American Bar Association

By Mary Ann Magnell | Aug 14, 2018

NEW ORLEANS — For Judy Perry Martinez, president-elect of the American Bar Association (ABA), the fact that her term will fall within the centennial celebration of the adoption of 19th Amendment to the Constitution holds special meaning.

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