Cases

HARTZ, Circuit Judge. This appeal presents only one issue for consideration: whether a settlement agreement between Thomas Trent Pettigrew and the Oklahoma Department of Public Safety (DPS) waived the state’s “Eleventh Amendment” right not to be sued in federal court. Although the language of the agreement is not explicit, the agreement’s reference to bringing suit in federal co

OPINION AND ORDER CLYDE H. HAMILTON, Senior Circuit Judge, CAMERON McGOWAN CURRIE, District Judge, J. MICHELLE CHILDS, District Judge. This matter is before the court on Plaintiffs’ second motion for a temporary restraining order (“TRO”) and permanent injunction. In their first motion for TRO, filed June 11, 2012, Plaintiffs sought either to have their names restored to the ballot

McDonald, j. 12This is an appeal of a motion for partial summary judgment granted by the district court in favor of Trinity Universal Insurance Company. Trinity had alleged that there was no genuine issue of material fact that Trinity policies numbered 99900431 12 36 and 9900431 13 36 unambiguously preclude coverage for mold-related loss. Finding no coverage for the mold damage alleged by the plaintiff, the motion was grante

35 So.3d 352 (2010) Rosa M. BATISTE v. TENET HEALTHCARE CORPORATION. No. 2009 CA 1192. Court of Appeal of Louisiana, First Circuit. February 12, 2010. Writ Denied May 7, 2010. *353 Christopher R. Schwartz, Metairie, LA, for Plaintiff Appellee, Rosa M. Batiste. Kevin A. Marks, Jessie Schott Haynes, New Orle

McDonald, J. lain this appeal, insureds under an automobile liability insurance policy challenge a judgment dismissing their underinsured-uninsured motorist (UM) claim against the insurer. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On the afternoon of January 6, 2013, Cesar Espinoza was driving a Chevrolet Tahoe and was stopped behind a stalled vehicle on Airline Highway in Gonzales, Lou

McCLENDON, J., dissenting in part. hi dissent to the extent the majority adopts the expansive and overly broad interpretation of the Liability Risk Retention Act as set forth in Wadsworth v. Allied Professionals Insurance Company, 748 F.3d 100 (2nd Cir.2014). I do not find that LSA-R.S. 22:1269 (direct action statute) and LSA-R.S. 22:868 (anti-arbitration statute) directly or indirectly regulate the o

834 So.2d 465 (2002) KEVIN ASSOCIATES, L.L.C. (Successor in Interest Through Merger to Yendis Properties, Inc.) v. Brett CRAWFORD, Secretary of the Department of Revenue, State of Louisiana. No. 2001 CA 2652. Court of Appeal of Louisiana, First Circuit. November 8, 2002. Rehearing Denied December 19, 2002. *466 F

PETTIGREW, J. 12In this survival and wrongful death action plaintiffs contend their decedent, while a patient at the defendant hospital, died following an evacuation of said hospital and eventual transfer to another facility. Plaintiffs further contend decedent, an oxygen recipient, allegedly died due to the hospital’s negligent failure to properly provide oxygen during and following the evacuation of its facility. The hospit

McClendon, j. 12Pefendant appeals a trial court’s judgment seeking a reduction in the amount of general damages awarded to the plaintiff by the trial court for false imprisonment. Plaintiff has answered the appeal seeking damages for conversion. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY On January 29, 2011, Alma Johnson purchased a 2005 Cadillac SRX from defe

47 So.3d 1024 (2010) ALL CRANE RENTAL OF GEORGIA, INC. v. Ricky VINCENT d/b/a Tree Surgery by Ricky Vincent. No. 2010 CA 0116. Court of Appeal of Louisiana, First Circuit. September 10, 2010. *1025 L. Phillip Canova, Jr., Plaquemine, LA, for Plaintiff-Appellee, All Crane Rental of Georgia, Inc. Larry N. Guy, Baton Rouge, L

McCLENDON, J. |2In this personal injury suit, the plaintiffs appeal a summary judgment granted in favor of the defendants, dismissing their claim for damages. For reasons that follow, we affirm. FACTUAL AND PROCEDURAL HISTORY On November 9, 2007, the plaintiffs, Judy N. Brown and John W. Brown, commenced these proceedings against the defendants, Amar Oil Company d/b/a Swifty’s Food Mar

77 So.3d 323 (2011) Frances ROBERTSON, Phillis Castille, Leslie Robertson, and Stewart Robertson, individually and on behalf of their deceased husband and father, respectively, Harris J. Robertson v. DOUG ASHY[1] BUILDING MATERIALS, INC., et al. No. 2010 CA 1547. Court of Appeal of Louisiana, First Circuit. October 4, 2011. *

640 S.E.2d 152 (2006) STATE of West Virginia, Plaintiff Below, Appellee, v. Kevin Ray MIDDLETON, Defendant Below, Appellant. No. 33048. Supreme Court of Appeals of West Virginia. Submitted: October 24, 2006. Decided: November 29, 2006. Dissenting Opinion of Justice Starcher November 30, 2006. Dissenting Opinion of Justice Albri

WELCH, J. IsThe plaintiffs, Frances Robertson, Phillis Castille, Leslie Robertson, and Stewart Roberston, appeal a judgment granting summary judgment in favor of defendant, The Sherwin-Williams Company (“Sherwin-Williams”), dismissing their survival and wrongful death claims against Sherwin-Williams and a judgment granting a motion to strike the testimony of the plaintiffs’ expert on medical causation, Dr. Eugene J. Mark. We

PETTIGREW, J. | sIu this case, the Louisiana Department of Public Safety and Corrections (“DPSC”) seeks review of portions of a March 15, 2011 judgment by the trial court that (1) sustains in part the exception raising the objection of prematurity filed by 84 death row inmates (referred to collectively as the “defendants-in-reconvention”), to the extent it requests a declaration that DPSC’s lethal injection protocols

McCLENDON, J., concurs and assigns reasons. 1, While I question the majority’s analysis regarding the shifting of the burden of proof on Union Carbide’s motion for summary judgment, I need not address the correctness of same, finding that there is a procedural defect that renders summary judgment improper. Specifically, Louisiana Code of Civil Procedure article 966 D requires that the “court shall hear and

PER CURIAM: * American Commercial Lines, LLC appeals the district court’s grant of partial summary judgment dismissing its claims against the Tintomara Interests under the Oil Pollution Act of 1990. Because we believe that summary judgment is premature, we reverse the district court’s judgment and remand for further proceedings. I. FACTUAL AND PROCEDURAL BACKGROUND

People v Lema-Caguana (2020 NY Slip Op 00440) People v Lema-Caguana 2020 NY Slip Op 00440 Decided on January 22, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Ju

PETTIGREW, J. In this workers’ compensation dispute, the claimant, Kevin Braud, was injured while working as a carpenter for Affordable Builders, LLC (Affordable). Mr. Braud’s compensation claim proceeded to trial before the Office of Workers’ Compensation at which time the parties stipulated that Mr. Braud was injured in a workplace accident while in the course and scope of his employment with Affordable, that Mr. Braud h

Appeal by the defendant from an order of the County Court, Nassau County (Delligatti, J.), dated February 15, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C. Ordered that the order is affirmed, without costs or disbursements. In establishing a defendant’s risk level pursuant to the Sex Offender Registrat