New Orleans shoeshine man wins legal battle over $30,000 seized by DEA agents
www.nbcnews.com/news/investigations/new-orleans-shoeshine-man-wins-legal-battle-over-30-000-n1282629
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Terrebonne files appeal in coastal damage lawsuit
www.houmatoday.com/story/news/2021/10/29/terrebonne-files-appeal-coastal-damage-lawsuit/6183784001/ United States v. Adair Docket: 21-50218 Opinion Date: October 26, 2021 Judge: Stephen Andrew Higginson Areas of Law: Criminal Law The Fifth Circuit affirmed defendant's conviction for possessing a firearm after a felony conviction. The court concluded that defendant's Texas robbery conviction qualifies as a crime of violence under USSG 4B1.2(a)(2), and the district court properly applied USSG 2K2.1(a)(4)(A). The court explained that defendant misconstrues the fourth footnote in United States v. Santiesteban-Hernandez, which the court previously explained in an unpublished opinion which simply recognizes that the generic definition of robbery did not require a particular mens rea. Furthermore, defendant's reading of this footnote is at odds with the opinion's conclusion that Texas robbery and generic robbery substantially correspond. Read Opinion US Court of Appeals for the Fifth Circuit Opinions United States v. Beard Docket: 20-20116 Opinion Date: October 22, 2021 Judge: W. Eugene Davis Areas of Law: Criminal Law The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress drugs found in a package he mailed via the United States Postal Service from Houston, Texas, to Hammond, Louisiana. Defendant argued that his Fourth Amendment rights were violated, and an unlawful seizure occurred, when the package was rerouted back to Houston, which took five days, before law enforcement took further investigative steps to confirm their suspicion. However, the court agreed with the district court that the U.S. Marshal's choice to reroute the package back to Houston was reasonable and prudent under the facts of this case. The court also agreed that the five days the package was in transit from Hammond back to Houston, as well as the two days it took to obtain the warrant after the package returned to Houston, were not unreasonably long under the circumstances. In this case, the package had extensive connections to Houston and the U.S. Marshal requested that the package be rerouted to Houston because he believed that there was no difference in the time it would take to obtain a warrant in Houston versus Hammond. Read Opinion US Court of Appeals for the Fifth Circuit Opinions Terkel v. Centers for Disease Control and Prevention Docket: 21-40137 Opinion Date: October 19, 2021 Judge: Per Curiam Areas of Law: Civil Procedure The Fifth Circuit granted appellants' voluntary motion to dismiss this appeal involving the CDC's nationwide eviction moratorium under Federal Rule of Appellate Procedure 42(b). The eviction moratorium prevented landlords from exercising their state law eviction rights to prevent the further spread of COVID-19. After considering the record and the parties' oral arguments, the court found it unnecessary to decide mootness. Instead, the court granted the motion to dismiss the appeal "on terms . . . fixed by the court." Read Opinion AG Landry: Contractor, FEMA, and SBA Fraud are Growing Concerns for Law Enforcement
www.houmatimes.com/news/ag-landry-contractor-fema-and-sba-fraud-are-growing-concerns-for-law-enforcement/ Public Notice from Terrebonne Parish DA: “118 Armour Drive will not be in service for the foreseeable future”
www.houmatimes.com/news/public-notice-from-da-118-armour-drive-will-not-be-in-service-for-the-foreseeable-future/ Louisiana Supreme Court Opinions
Zapata v. Seal Docket: 2020-CC-01148 Opinion Date: September 30, 2021 Judge: Griffin Areas of Law: Civil Procedure, Personal Injury The Louisiana Supreme Court granted review in this case to examine the interplay between two provisions of the Louisiana Code of Civil Procedure in the context of partial summary judgment. The specific issue presented was whether a trial court, having granted defendants’ motion for partial summary judgment based on plaintiffs’ failure to timely file an opposition, could later vacate that judgment when the plaintiffs produce an expert affidavit based on evidence that was previously available in advance of the original hearing. The underlying action arose out of a motor vehicle accident in which J. Benjamin Zapata was struck from behind by a vehicle operated by Stephen Seal and owned by Diversified Well Logging, Inc. (collectively “DWL”). Mr. Zapata and his wife filed suit against DWL and its insurer alleging both new injuries and aggravation of preexisting lower back injuries sustained in a prior motor vehicle accident. Dr. Olawale Sulaiman, who performed lower back surgery on Mr. Zapata after the accident, opined in his deposition that he did not causally relate that surgery to the subject accident. DWL moved for partial summary judgment seeking to dismiss the Zapatas’ claim that the lower back surgery was necessitated by the accident. Twelve days before the hearing, the Zapatas filed an opposition, attaching a July 2018 report by Dr. Mohammad Almubaslat to support the assertion that the accident aggravated Mr. Zapata’s preexisting lower back injuries and necessitated the surgery. DWL replied, arguing that because the opposition was untimely, the attachments should be stricken and the Zapatas’ counsel precluded from presenting oral argument. At the hearing the trial court agreed with DWL and granted partial summary judgment in its favor. The Zapatas moved to vacate the partial summary judgment, attaching the affidavit by Dr. Almubaslat, but executed on May 8, 2019. DWL opposed on the grounds that it would be improper for the trial court to disregard the time limitations set forth in La. C.C.P. art. 966(B) and consider evidence that was previously available to the Zapatas in July 2018, prior to the original hearing on the motion for partial summary judgment. The trial court vacated its prior ruling, concluding the Zapatas’ motion to vacate was authorized by La. C.C.P. art. 1915(B) and found a genuine issue of material fact existed with respect to the issue of medical causation based on the “newly submitted affidavit of Dr. Mohammad Almubaslat.” The Supreme Court found the trial court was within its discretion in vacating its prior ruling. Read Opinion |
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