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Summary: 316 F. Supp. 1970, 427 F.2d 919; Burdett v. Finch, 5 Cir. 1970, 425 F.2d 687; Martin v. Finch, 5 Cir. 1963, 323 F.2d 989; McGaughy v. Gardner, E.D.La.1967, 264 F. Supp.


Summary: 512 F. Supp. This consolidated litigation arises out of a December 17, 2004 accident that occurred when a helicopter owned and operated by defendant and third-party plaintiff Omni Energy Services Corporation attempted to land on an oil production platform on the outer Continental Shelf in the Gulf of Mexico operated by W & T. Plaintiffs Thomas Alleman and Mark and Nancy Parker sued Omni in this Court on May *451 4, 2005 for damages arising out the accident. The first three are W & T's motions fo......read more.


Summary: 37 F. Supp. Plaintiff, a ledger clerk formerly in the employ of defendant, has brought this action against Cudahy Packing Company of Louisiana, Ltd., a Louisiana corporation, to recover wages for overtime, liquidated damages and reasonable attorneys' fees, under the provisions of Sections 6, 7 and 16 of the Act.


Summary: 392 F. Supp. Irma P. Wallace, widow of William H. Wallace who died on October 29, 1971, sought information concerning any benefits that might be due her as a beneficiary under the plan from Charles B. Richardson, an alternate Trustee of the AFL-CIO Welfare Plan and District 2, AFL-CIO Pension Plan. The plaintiff's lawyer sent another letter confirming the decedent's employment to Mr. Flintoft on November 9, 1971 and yet *901 another letter on November 10, 1971, again requesting a copy of the con......read more.


Summary: 469 F. Supp. Plaintiff further alleges that the Schlinger Foundation and/or Morgan Creek were obligated to, but did not, cause KII to file Form 8-Ks with the United States Securities and Exchange Commission when they devised the plan to reorganize KII's debts, when they created Fun Karts for the purpose of foreclosing on KII's assets, and when KII transferred its plant lease to Fun Karts. See Baker v. Putnal, 75 F.3d 190, 196 (5th Cir.1996); American Waste & Pollution Control Co. v. Browning-Fer......read more.


Summary: 442 F. Supp. 2d 325 (2006) UNDERWRITERS INSURANCE CO. v. OFFSHORE MARINE CONTRACTORS, INC., et al. On August 10, 2000, Offshore Marine renewed its coverage under a marine insurance policy issued by Underwriters Insurance Company ("Underwriters"). Prior to breaking ground, however, the vessel's captain, Glenn Rodrigue, allegedly notified Offshore Marine's supervisory personnel that there was a bow in one or more of the vessel's four jacking legs, that one or more of the ATLAS' bilge pumps were no......read more.


Summary: 466 F. Supp. The same attorney for the Highway Department now raises for the first *246 time on a motion for judgment n. o. v. the contention that the Eleventh Amendment bars this suit, as one against the State of Louisiana in a United States Court. The court having concluded that the state has waived its right to urge the Eleventh Amendment, the Highway Department's motion for judgment n. o. v. and alternatively for a new trial is denied. At the outset, we take note of and concur with the well ......read more.


Summary: 369 F. Supp. HEEBE, Chief Judge: This suit was brought by the U. S. Ore Corporation (hereinafter referred to as U. S. Ore), to recover for the loss of a shipment of 1,280 gross tons of manganese ore due to the sinking of defendants' barge ACBL-2584 on December 27, 1967, on the Mississippi River. One of the defenses urged *794 upon this Court is that according to the terms of the contract between U. S. Ore and Republic, title to the ore had already passed to Republic at the time of the loss, thus......read more.


Summary: 324 F. Supp. Thomas v. Peterson Marine Service, Inc., 411 F.2d 592 (C.A. 5-1969); Gilmore and Black, The Law of Admiralty, (1957), p. 285; Norris, The Law of Seamen, (1970), § 670, pp. 310-311, § 687, p. 362; Williamson v. Daspit Brothers Marine Divers, Inc., 219 F. Supp.


Summary: 677 F. Supp. *456 Normand F. Pizza, Ricardo M. Guevara, Brook, Morial, Cassibry, Fraiche & Pizza, New Orleans, La., for plaintiffs. Specifically, thirteen New Orleans-area hospitals are asking the Court (1) to permanently enjoin Louisiana's Department of Health and Human Resources, Office of Family Security ("DHHR") from enforcing its rule uniformly reducing interim Medicaid reimbursement rates for hospitals by 10%, without first complying with federal law and regulation, (2) to declare the rule......read more.


Summary: 499 F. Supp. Johnson v. Johnson, 385 F.3d 503, 529 (5th Cir.2004). Tanglewood East Homeowners v. Charles-Thomas, Inc., 849 F.2d 1568, 1572 (5th Cir.1988). (quoting Sosa v. Coleman, 646 F.2d 991, 993 (5th Cir.1981)). In Wentwood Woodside I, LP v. GMAC Commercial Mortgage Corp., 419 F.3d 310, 321-23 (5th Cir.2005), the court considered a claim that GMAC was negligent for a failure to notify the borrower that the mortgaged property was situated in a flood zone.


Summary: 805 F. Supp. FINDINGS OF FACT This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., ("FTCA") resulting from a collision between a United States Postal Service ("USPS") truck, then being driven by USPS employee Emily Marie Robinson Matthews, and a Ford van driven by plaintiff John Langhoff. Typically, Matthews would stop on Chappelle Street just prior to the intersection with General Diaz, back into a nearby driveway, and turn her USPS vehicle around (driving east on Cha......read more.


Summary: 54 B.R. 629 (1985) In the Matter of La CACHE LAND COMPANY, INC., Debtor. I. Appellant, La Cache Land Company, Inc. (hereafter La Cache), the debtor in a Chapter 11 case, is a farmer.


Summary: 711 F. Supp. The primary issue before the Court for resolution in these motions is how the "ultimate net loss" provision in Plaintiffs insurance policy is to be applied. The Court also indicated that it would defer ruling on the motions to allow the parties to submit supplemental briefing regarding whether there was enough extrinsic evidence in support of Defendant's interpretation to send the question to the jury, or whether the Court should simply interpret the provision against the drafter, N......read more.


Summary: 439 F. Supp. Plaintiffs allege that the Tenneco Oil Company refinery located in Chalmette, Louisiana discriminates *222 against blacks in its employment practices, more particularly in the areas of hiring, promotion, pay, and discharge. On April 12, 1976, Edward J. Boyle, Sr., United States District Judge who was temporarily handling the case during the vacancy in this section of Court certified the case as a class action, the class being composed of: "I. All black applicants for employment at t......read more.


Summary: 674 F. Supp. 1237 (1987) Judith B. CURTIS v. Charles A. SHIVERS, United States of America. United States v. Springfield, et al., 276 F.2d 798 (5th Cir.1960). Simpson v. United States, 322 F.2d 688 (5th Cir.1963); Ferrero v. United States, 603 F.2d 510 (5th Cir.1979); 28 U.S.C. § 1346(b).


Summary: 428 F. Supp. *524 *525 William F. Wessel, Wessel & Associates, New Orleans, LA, for Lloyd Michael Brannan. Baker v. Putnal, 75 F.3d 190, 197 (5th Cir.1996). Shipp v. McMahon, 234 F.3d 907, 911 (5th Cir.2000), overruled in part on other grounds by, McClendon v. City of Columbia, 305 F.3d 314 (5th Cir. See, e.g., Kinsey v. Salado Independent School District, 950 F.2d 988 (5th Cir.1992) (finding no property interest in the position of superintendent where the plaintiff fails to point to any provisi......read more.


Summary: 635 F. Supp. Ms. Constance HORNER, in her official capacity as Director U.S. Office of Personnel Management, Mr. James R. Smith, in his official capacity as Chairman, Louisiana State Civil Service Commission, Mr. Joseph Kimbrell, in his official capacity as the Deputy Assistant Secretary (and delegated appointing authority) Louisiana Department of Health and Human Resources, Office of Health Services and Environmental Quality (now Office of Preventive and Public Health Services). They maintain t......read more.


Summary: 46 F. Supp. On September 18th, this Court granted defendants' motion for summary judgment on the plaintiff's federal claims and ordered the parties to submit briefs addressing jurisdiction to hear the remaining state law claim. For the reasons outlined below, the Court exercises its discretion under pendent jurisdiction and dismisses the remaining state law claim of intentional infliction of emotional distress WITHOUT PREJUDICE. This Court granted Chevron's motion for summary judgment on the fed......read more.


Summary: 355 F. Supp. 796 (1972) Charles B. KANE d/b/a Kane's Diesel & Truck Repair, Plaintiff, v. MOTOR VESSEL LEDA, her engines, her boiler, furniture, gear, tackle and apparel, in rem and Leda Towing Company, Inc. in personam, Defendants. 1956, 237 F.2d 506; American Marine Corp. v. Towboat Z-Fourteen, W.D.La. 1961, 214 F. Supp. The Bergen, 9 Cir.1933, 64 F.2d 877. The Ada, 2nd Cir.1918, 250 F. 194; Grand Banks Fishing Co. v. Styron, D.Me.1953, 114 F. Supp. The Seneca, E.D.La.1960, 179 F. Supp. In the......read more.