Plaintiff Earl Borden (“Bordenâ€�) appeals a grant of summary judgment in favor of Defendants Allstate Insurance Company (“Allstateâ€�) and insurance agent Greg Ruiz (“Ruizâ€�) denying coverage for his Hurricane Katrina flood loss. Borden argues that the district court lacked subject matter jurisdiction and, alternatively, that material fact issues precluded summary judgment. We hold that th... More...   $0 (11-21-2009 - la)

Plaintiffs sued the United States Corp of Engineers on a governmental tort claim theory claiming that the Corp negligently failed to maintain the Mississippi River-Gulf Outlet and, as a direct, result winds, rain and flooding associated with Hurricane Katrina breached the navigation channel's levies flooding the Lover Ninth Ward of New Orleans. The stormed killed 1,600 people in Louisiana and Mis... More...   $720000 (11-19-2009 - LA)

Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrah’s Operating Company, Inc., along with five Harrah’s subsidiaries (“Harrah’sâ€�). The district court dismissed the claims 1 under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr- Pennington petitioning immunity. We affirm on the alternate ground, fully brie... More...   $0 (10-31-2009 - LA)

Larry Groover and the guardians of decedent Chad Groover’s minor children (collectively the “Groovers�) appeal the district court’s summary judgment order dismissing their tort claims against Omni Pinnacle, LLC (Omni) and Cahaba Disaster Recovery, LLC (Cahaba). Because we hold that the Louisiana workers’ compensation scheme shielded Omni and Cahaba from tort liability, we affirm.

... More...   $0 (10-31-2009 - LA)

Appellant First American Bank (First American or Bank) appeals a grant of summary judgment in favor of appellee First American Transportation Title Insurance Co. (FATTIC). The district court ruled that the measure of indemnity under First American’s insurance policy is limited to the amount by which the payments to the holders of the priming liens for necessaries reduced First American’s recov... More...   $0 (10-15-2009 - LA)

ION Geophysical Corporation (NYSE: IO) today announced that on October 1, 2009, the jury returned a verdict in its favor in a lawsuit filed by ION against operating subsidiaries of battery manufacturer Greatbatch, Inc. (NYSE: GB), including its Electrochem division, in the 24th Judicial District Court for the Parish of Jefferson in the State of Louisiana.

ION filed the lawsuit in 2002, al... More...   $21700000 (10-09-2009 - LA)

This case arises out of a motor vehicle collision between Roger Anthony and Jan Stanislaw. The parties reached a settlement before a trial on the merits, and the district court dismissed without prejudice. Anthony filed a consent motion seeking dismissal with prejudice, which the district court granted. Defendants successfully moved to rescind that order under Federal Rule of Civil Procedure 60(b)... More...   $0 (10-03-2009 - LA)

Alana Alexander and her son Christopher Cooper sued Gulf Stream Coach, Inc. and Fluor Enterprises, Inc. on products liability theories claiming that they were harmed by formaldehyde used in the manufacturing of the FEMA trailer supplied to them by the government to live in after Hurricane Katrina in 2005. Plaintiffs claimed that the formaldehyde cause breathing problems and exposed them to the ca... More...   $0 (09-25-2009 - LA)

Anthony Vanzandt was killed when his tractor-trailer rig was struck by a train at a crossing on November 30, 2005. His estate sued the rail company and operators for wrongful death. The district court granted the railroad’s motion for summary judgment.

Both parties agreed that Louisiana law is controlling in this diversity case. 1 Vanzandt worked for Robbins Motor Transport making deliv... More...   $0 (09-03-2009 - LA)

The Father of two girls molested by Paul Losee in 2002 brought suit for the damages sustained by the girls and by him. Plaintiff claimed that Defendant molested the girls many times.... More...   $0 (06-26-2009 - LA)

Defendants, the Sheriff of Rapides Parish and four deputy sheriffs, appeal the district court’s denial of qualified immunity for their involvement in “Operation Retro-Fit,â€� a preplanned, violent S.W.A.T. team raid of a nightclub, Club Retro, on February 5, 2006. As a result of events that occurred during that raid, plaintiffs, owners and select employees of Club Retro, bring 42 U.S.C. § 198... More...   $0 (06-05-2009 - LA)

Shannon Kohler, age 49, sued Sgt. Christopher Johnson, a homicide detective who was one of the lead investigators in the Derrick Todd Lee serial killer investigation, for violating his civil rights under 42 U.S.C. 1983 by wrongfully obtaining a search warrant to force him to provide a DNA sample. Plaintiff claimed that Johnson did not have probable cause to seek a warrant and that state District J... More...   $200000 (06-10-2009 - LA)

Appellant, Dr. Elizabeth Kinsley, alleged state law claims against Lakeview Regional Medical Center (“Lakeview�) and its CEO Max Lauderdale because in 2001, Lakeview refused to sell her a plot of undeveloped land suitable for the expansion of her medical office. We do not dwell further on the background of the case because, as Appellees contend, this appeal must be dismissed as untimely.
More...   $0 (06-03-2009 - LA)

In the forty-five years since the Supreme Court’s decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), courts and legislatures have endeavored to strike a balance between individuals’ interests in their reputation and the public interest in free and robust debate. The resulting interplay of defamation law and the First Amendment has substantially lessened the chilling effect of abu... More...   $0 (04-16-2009 - LA)

Plaintiff-Appellant Dr. Richard Lafleur sued Defendant-Appellee Louisiana Health Service and Indemnity Company (Blue Cross) under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), for recovery of wrongfully denied health insurance benefits. The district court granted summary judgment in favor of Blue Cross. Because Blue Cross failed to substantially comply wi... More...   $0 (03-25-2009 - LA)

In this insurance-coverage dispute, plaintiff American Electric Power Company and its subsidiaries (collectively, “AEP�) appeal from the district court’s grant of summary judgment in favor of defendant-insurer Affiliated FM Insurance Company (“Affiliated�). For the following reasons, we affirm the district court’s order.

I

This is an insurance dispute between public-utili... More...   $0 (01-21-2009 - LA)

The defendants-appellants appeal the district court’s remand of this case to Louisiana state court. The plaintiffs–appellees assert that this Court lacks jurisdiction to hear this appeal. We find that we possess jurisdiction over this appeal, REVERSE the ruling of the district court, and REMAND the case for further proceedings.

I. Background

This suit stems from the allegedly def... More...   $0 (11-30-1999 - LA)

We are asked whether the discretionary function exception of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5148, bars a suit based on the federal government’s handling of relief efforts in the aftermath of Hurricane Katrina. Plaintiffs allege that the federal government’s violations of various provisions of the National Response Plan render the United States... More...   $0 (01-22-2009 - LA)

Plaintiffs-Appellees Dale and Shirley Dickerson sued Defendant-Appellant Lexington Insurance Company (“Lexingtonâ€�) for its failure to pay his homeowner’s policy claim timely following Hurricane Katrina. After a one-day bench trial, the district court awarded Dickerson $175,467 in damages, penalties, and attorneys’ fees and costs, ruling that Lexington acted in bad faith in violation of Lo... More...   $0 (01-21-2009 - LA)

This appeal arises from State Farm Fire and Casualty Company and State Farm General Insurance Company’s (together “State Farmâ€�) conversion of certain Louisiana homeowner insurance policy forms, namely State Farm’s forms HO-1, HO-3, and HO-5, to form HO-W, upon each existing policy’s expiration and renewal by the policy holder. See La. Rev. Stat. Ann. § 22:635.4 (“Section 22:635.4â€�).... More...   $0 (01-21-2009 - LA)

The facts giving rise to this suit began when Dawn Dobson stopped her vehicle in the car pool lane at an elementary school and was tapped from behind by a vehicle driven by Tracy Sneider Ms Dobson claiming to be severely injured filed suit against Ms Sneider and her insurer Allstate Insurance Co Although the trial court found in favor of Ms Dobson it only awarded her 536 73 plus interest I Ms Dobs... More...   $0 (12-23-2008 - LA)

Leroy Johnson (“Johnsonâ€�) sustained injuries while working as a seaman for Cenac Towing, Inc. (“Cenacâ€�). He sued Cenac in federal court for negligence under the Jones Act, unseaworthiness, and maintenance and cure benefits. Following a bench trial, the district court denied maintenance and cure because Johnson willfully concealed his preexisting physical problems from Cenac, but the court ... More...   $0 (10-24-2008 - LA)

Plaintiff Deanna Puebla brought this suit against her employer, Denny’s Inc., asserting a hostile work environment claim under Title VII of the Civil Rights Act of 1964.1 The district court granted summary judgment in favor of Denny’s on the grounds that Denny’s satisfied, as a matter of law, the Ellerth/Faragher2 affirmative defense. We reverse and remand.

I

Plaintiff alleges ... More...   $0 (10-04-2008 - LA)

The Justice Department announced today that the owner and the manager of Pecan Terrace Apartments in Lafayette, La., have agreed to pay up to $145,000 to resolve claims that they discriminated against families with children in violation of the Fair Housing Act. According to the Department’s complaint, which was filed in the U.S. District Court for the Western District of Louisiana, Pecan Terrace... More...   $115000 (10-02-2008 - LA)

This case commenced with a concursus and declaratory judgment action filed by plaintiff, Chevron USA Inc., which sought to determine which of two defendants, the Plaquemines Parish Government (“PPGâ€�) or the State of Louisiana, is entitled to receive mineral royalties being derived from Unit Tract 1 located in Plaquemines Parish, Louisiana. Pursuant to a lease granted by the Buras Levee Distric... More...   $0 (09-08-2008 - LA)

In December of 2001, the Coushatta Tribe of Louisiana (“CTOLâ€� or “the Tribeâ€�), a federally recognized Indian Tribe, entered into an “Agreement for Professional Servicesâ€� with Meyer and Associates, Inc. (“Meyerâ€�), for general engineering and construction services. This contract, signed by Lovelin Poncho, then the Chairman of the Coushatta Tribal Council, provided that the contract w... More...   $0 (09-23-2008 - LA)

Appellant Redland Insurance Company (Redland) appeals a grant of summary judgment in favor of appellee General Security Insurance Company (GSI). The district court ruled that Redland provided primary insurance coverage for a commercial truck accident, holding a “nontrucking useâ€� endorsement in the Redland policy did not exclude coverage because the driver was not “in the business ofâ€� the t... More...   $0 (09-26-2008 - LA)

This suit stems from extensive damage wrought by Hurricane Katrina to property located on Lake Marina Drive, New Orleans. The plaintiff-appellant, Marseilles Homeowners Condominium Association (Marseilles) was the insured pursuant to a flood insurance policy issued under the National Flood Insurance Program by the defendant-appellee, Fidelity National Insurance Company (Fidelity). Fidelity paid Ma... More...   $0 (09-26-2008 - LA)

Plaintiff, Lloyd White, Jr., filed suit against the City of Kenner through its Police Department ("Police Department"), alleging that he was a passenger in a vehicle that was involved in an automobile accident caused by an unknown driver, who was unknown because the investigating officer failed to obtain that driver's information. He alleges that he was deprived of his right to obtain relief from... More...   $0 (09-25-2008 - LA)

Plaintiffs, Thelma and Richard Berry, appeal the trial court's grant of /' defendant The Parish of Jefferson's Exception of Prematurity. Finding merit to the plaintiffs' position on one issue, for the following reasons, we affinn in part, reverse in part, and remand. In their petition, plaintiffs allege that they are the owners of a parcel of land in Jefferson Parish located on Behrman Highway tha... More...   $0 (09-25-2008 - LA)

Leroy Johnson (“Johnsonâ€�) sustained injuries while working as a seaman for Cenac Towing, Inc. (“Cenacâ€�). He sued Cenac in federal court for negligence under the Jones Act, unseaworthiness, and maintenance and cure benefits. Following a bench trial, the district court denied maintenance and cure because Johnson willfully concealed his preexisting physical problems from Cenac, but the court ... More...   $0 (09-24-2008 - LA)

In this case an employer appeals a judgment rendered against it in a survival action arising from its employee s exposure to asbestos on the job. * * * Bruce Spillman worked for Exxon in various positions from 1945 until 1986 and was exposed to asbestos in the course and scope of his employment. In May of 2005 Mr. Spillman was diagnosed with mesothelioma a fatal form of cancer caused by exposure t... More...   $0 (09-12-2008 - LA)

Plaintiffs-appellants Stuart and Lisa Phillips Kane and trustee-appellant Aaron Caillouet appeal the district court’s grant of summary judgment for defendants-appellees on the grounds that the Kanes were judicially estopped from pursuing their personal injury action after failing to include it in their Chapter 7 bankruptcy schedules, and consequently that the trustee’s motion to be substituted... More...   $0 (08-07-2008 - LA)

Shawn Connors appeals an adverse summary judgment on his excessive force, unlawful seizure, and conspiracy claims against law enforcement officers Ben Smith and Brian Smith and the Livingston Parish Sheriff’s Office through Sheriff Willie Graves. The district court determined that Connors could not pursue his claims against the defendants because they were entitled to qualified immunity. We affi... More...   $0 (08-07-2008 - LA)

Plaintiffs-appellants Stuart and Lisa Phillips Kane and trustee-appellant Aaron Caillouet appeal the district court’s grant of summary judgment for defendants-appellees on the grounds that the Kanes were judicially estopped from pursuing their personal injury action after failing to include it in their Chapter 7 bankruptcy schedules, and consequently that the trustee’s motion to be substituted... More...   $0 (08-05-2008 - LA)

Jeannine Cruz filed a sex discrimination complaint with state and federal claims against Defendants in federal district court in Louisiana. She failed to serve defendants timely, and the court dismissed the case under Rule 4(m).1 Before the court dismissed her first case, she filed a second, identical complaint in state court in April 2006. On its removal to federal court, the court dismissed ... More...   $0 (05-16-2008 - LA)

Chiarra Bacque sued police officer Byron Romero and the City of Scott on a civil rights theory, 42 U.S.C. 1983, claiming that Romero used excessive force when he shot Ken Bacque to death after responding to a report of a family quarrel in 2004. Romero shot Bacque twice after he arrived at the Bacque family business to intervene in an argument between Bacque and his father, Larry Bacque. Mrs. B... More...   $1 (05-03-2008 - LA)

The Attorney General of Louisiana filed a class action, naming the State and numerous Louisiana citizens as Plaintiffs. The class action alleged that the Defendant insurance companies failed to pay covered insurance claims following Hurricanes Katrina and Rita and as a result breached the insurance contracts to which the State is a partial assignee. It requested damages and declaratory and in... More...   $0 (04-11-2008 - LA)

Shasta Pritchard sued Boh Bros. Construction on a negligence theory claiming that she was seriously injured as a result of one of defendant's employees to use due care in the operation of a truck which failed to yield the right-of-way to her when it turned left in front of her on June 15, 2005 on Louisiana highway 1. The injuries that she sustained as a result of the accident required four surger... More...   $1300000 (04-11-2008 - LA)

This case requires us to consider the continued viability of our longstanding precedent holding that a watercraft under construction is not a "vessel in navigation" for purposes of the Jones Act. We hold that the Supreme Court's decision in Stewart v. Dutra Construction Co., 543 U.S. 481 (2005), has not effectively overruled that precedent because the decision did not concern or address the ... More...   $0 (02-21-2008 - LA)