Tag: insurance

October 16-17, 2023, opinions

October 18, 2023

Designated for publication deGravelles, J. (Haynes, Engelhardt, deGravelles, by designation), maritime law, punitive damages Affirming the judgment after a bench trial that defendant had wrongfully arrested and detained the plaintiff’s vessel after ramming it and preventing its departure from the defendant’s shipyard for five days, that punitive damages were justified, and that prejudgment interest was … More October 16-17, 2023, opinions

October 13, 2023, opinions

October 16, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

October 10-11, 2023, decisions

October 13, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions

October 6, 2023, opinions

October 9, 2023

Designated for publication Willett, J. (Willett, Engelhardt, Oldham), ERISA Reversing district court’s order of reclassification of former NFL player to the highest level of disability plan benefits under the League’s retirement and disability plan, holding that the former player had not timely appealed the initial classification and had failed to show a change of circumstances … More October 6, 2023, opinions

October 5, 2023, opinions

October 6, 2023

Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions

August 25, 2023, opinions

August 28, 2023

Designated for publication Ho, J. (Jones, Ho, Wilson), administrative law, standing Granting petition for review of NRC order, and vacating license for temporary storage for spent nuclear fuel, holding that the NRC does not have authority under the Atomic Energy Act to license temporary nuclear waste storage facilities. The Court first held that the petitioners … More August 25, 2023, opinions

August 15, 2023, opinions

August 16, 2023

Designated for publication Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions

August 10, 2023, opinions

August 11, 2023

Designated for publication Douglas, J. (Wiener, Graves, Douglas), prisoner suit Vacating dismissal of Louisiana state prisoner’s § 1983 suit as frivolous, and remanding for further proceedings. The Court held that the magistrate and district court judges abused their discretion in finding as frivolous the plaintiff’s claim that his procedural due process rights were violated when … More August 10, 2023, opinions

August 9, 2023, opinions

August 10, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), prisoner suit Affirming dismissal of state prisoner’s sec. 1983 claims arising from prison officials’ actions regarding his parole hearing, as running afoul of the Heck rule barring sec. 1983 claims that are essentially challenges to the term of confinement. The Court rejected the plaintiff’s argument that he … More August 9, 2023, opinions