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Dagate, Ellender Jr. Sworn in as New Judges for the Terrebonne Prish 32nd District Court
www.houmatimes.com/news/dagate-ellender-jr-sworn-in-as-new-judges-for-the-terrebonne-prish-32nd-district-court/
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US Court of Appeals for the Fifth Circuit Opinions Rivera v. Kirby Offshore Marine, LLC Docket: 19-40799 Opinion Date: December 22, 2020 Judge: Carl E. Stewart Areas of Law: Admiralty & Maritime Law, Personal Injury Plaintiff was hired by Kirby to pilot a seagoing vessel. While plaintiff was aboard the vessel, he injured his foot when he tripped over a stair inside a hatch door. Plaintiff filed suit against Kirby for lost wages and the district court ultimately determined that Kirby was liable to plaintiff on his claim of Sieracki seaworthiness and that Kirby was alternatively liable under the Longshore and Harbor Workers' Compensation Act (LHWCA). The district court awarded plaintiff $11,695,136.00 in damages. The Fifth Circuit concluded that plaintiff is not an employee of Riben Marine and thus is not eligible to sue under section 905(b) of the LHWCA; the district court did not clearly err in concluding that the vessel was unseaworthy; plaintiff was not contributorily negligent for wearing sunglasses on the vessel and the district court did not make insufficient factual findings on the contributory negligence question; assuming arguendo that the district court erroneously admitted evidence of a subsequent remedial measure, Kirby has not demonstrated that the error affected its substantial rights; and the district court did not err in assessing plaintiff's lost future earnings. Read Opinion Officials Feud Over Transfer of Terrebonne Parish Money
www.usnews.com/news/best-states/louisiana/articles/2020-12-21/officials-feud-over-transfer-of-terrebonne-parish-money Terrebonne Parish Council updates Ordinances on the Sale and Use of Fireworks www.houmatimes.com/news/terrebonne-parish-council-updates-ordinances-on-sale-and-use-of-fireworks/ US Court of Appeals for the Fifth Circuit Opinions Thurman v. Medical Transportation Management, Inc. Docket: 19-60596 Opinion Date: December 15, 2020 Judge: James C. Ho Areas of Law: Civil Rights, Constitutional Law Plaintiff filed suit under 42 U.S.C. 1983 alleging that MTM's failure to pick him up violated his purported right to non-emergency medical transportation under various federal regulatory and statutory Medicaid provisions. The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims, joining its sister circuits in holding that a section 1983 claim may not be brought to enforce an administrative regulation. The court explained that this conclusion is consistent with the principle that federal rights are created by Congress, not agencies of the Executive Branch, as the Supreme Court has affirmed on various occasions. The court also held that none of the statutory provisions invoked by plaintiff clearly and unambiguously create a right to non-emergency medical transportation, as established precedents require for a claim under section 1983. Read Opinion Judge OKs Plan for Settling Hurricane Damage Lawsuits Against Insurers in Louisiana
www.insurancejournal.com/news/southcentral/2020/12/15/594053.htm Louisiana AG joins multistate lawsuit against Facebook
www.houmatimes.com/news/louisiana-ag-joins-multistate-lawsuit-against-facebook/ United States v. Lipscomb Docket: 18-11168 Opinion Date: December 8, 2020 Judge: Edith Brown Clement Areas of Law: Criminal Law The Fifth Circuit held that the district court erred in granting defendant's 28 U.S.C. 2255 motion and vacated the district court's order, directing the district court to reinstate its original judgment. In this case, defendant moved for release under section 2255, based on the Supreme Court's holding in Johnson v. United States, 576 U.S. 591, 597 (2015), that the residual clause of the Armed Career Criminal Act's (ACCA) violent felony definition violated due process. The court explained that case law has crystalized in this area and held that defendant's prior robbery convictions designated him an armed career criminal at the time of his sentencing. Read Opinion Terrebonne, Lafourche elect new city marshals
www.houmatimes.com/news/terrebonne-lafourche-elect- new-city-marshals/ US Court of Appeals for the Fifth Circuit Opinions Future Proof Brands, LLC v. Molson Coors Beverage Co. Docket: 20-50323 Opinion Date: December 3, 2020 Judge: Jerry Edwin Smith Areas of Law: Intellectual Property, Trademark Future Proof filed suit against Coors for trademark infringement, claiming that consumers would confuse Coors' hard seltzer beverage "Vizzy" with Future Proof's hard seltzer beverage "Brizzy." The Fifth Circuit affirmed the district court's denial of Future Proof's motion for a preliminary injunction, holding that the district court did not abuse its discretion in determining that Future Proof cannot determine a likelihood of success on the merits of its claims. In this case, the district court considered the digits of confusion and concluded that three digits supported the injunction and one weighed "marginally in favor of granting the injunction . . . ." But the district court correctly concluded that the other four factors did not support the injunction. The district court also notably concluded correctly that the two digits that have special importance, namely the sixth—which "may alone be sufficient to justify an inference that there is a likelihood of confusion,"—and the seventh—which constitutes the "best evidence of a likelihood of confusion,"—did not support the injunction. Read Opinion Court rulings stall controversial plastics factory in Louisiana
www.ncronline.org/news/earthbeat/court-rulings-stall-controversial-plastics-factory-louisiana |
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