Notable cases: Added dates
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Revision as of 18:04, 23 September 2013
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For a searchable list of opinions, please see [http://www.laed.uscourts.gov/CASES/Case.htm Opinions of the Eastern District of Louisiana].
For a searchable list of opinions, please see [http://www.laed.uscourts.gov/CASES/Case.htm Opinions of the Eastern District of Louisiana].
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{{Notable case format|Level = Court|Title = Deepwater Horizon oil spill cases|Case Link = http://scholar.google.com/scholar_case?case=15955199197382510304&hl=en&as_sdt=2,5|Case name = In re: OIL SPILL BY the OIL RIG "DEEPWATER HORIZON" IN the GULF OF MEXICO, ON APRIL 20, 2010|Case number = 792 F. Supp. 2d 926/No. MDL 2179|Case status = closed|Judge=[[Carl Barbier]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Barbier presided over the consolidated cases resulting from the BP oil spill in the Gulf of Mexico, commonly referred to as the "Deepwater Horizon" spill. Barbier was chosen by the U.S. Judicial Panel on Multidistrict Litigation on August 10, 2010. <ref>[http://www.businessweek.com/ap/financialnews/D9HGQIFG1.htm MICHAEL KUNZELMAN, Buisnessweek, Aug. 10, 2010]</ref>
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{{Notable case format|Level = Court|Title = Deepwater Horizon oil spill cases
(2010-2012)
|Case Link = http://scholar.google.com/scholar_case?case=15955199197382510304&hl=en&as_sdt=2,5|Case name = In re: OIL SPILL BY the OIL RIG "DEEPWATER HORIZON" IN the GULF OF MEXICO, ON APRIL 20, 2010|Case number = 792 F. Supp. 2d 926/No. MDL 2179|Case status = closed|Judge=[[Carl Barbier]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Barbier presided over the consolidated cases resulting from the BP oil spill in the Gulf of Mexico, commonly referred to as the "Deepwater Horizon" spill. Barbier was chosen by the U.S. Judicial Panel on Multidistrict Litigation on August 10, 2010. <ref>[http://www.businessweek.com/ap/financialnews/D9HGQIFG1.htm MICHAEL KUNZELMAN, Buisnessweek, Aug. 10, 2010]</ref>
In December 2012, Judge Barbier approved an unlimited $7.8 billion settlement from BP which covered private claims for loss of property and damage due to the spill. Money was also pledged to monitor the health of plaintiffs in the future, and though the company estimates that as part of the $7.8 billion, the amount is technically unlimited. <ref name=bloomberg>[http://www.bloomberg.com/news/2012-12-22/bp-gulf-oil-spill-judge-approves-7-8-billion-settlement.html Bloomberg.com, "BP Gulf Oil Spill Approves $7.8 Billion Settlement," December 22, 2012]</ref>
In December 2012, Judge Barbier approved an unlimited $7.8 billion settlement from BP which covered private claims for loss of property and damage due to the spill. Money was also pledged to monitor the health of plaintiffs in the future, and though the company estimates that as part of the $7.8 billion, the amount is technically unlimited. <ref name=bloomberg>[http://www.bloomberg.com/news/2012-12-22/bp-gulf-oil-spill-judge-approves-7-8-billion-settlement.html Bloomberg.com, "BP Gulf Oil Spill Approves $7.8 Billion Settlement," December 22, 2012]</ref>
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{{Notable case format|Level = Court|Title = Road home thief case|Case Link = http://scholar.google.com/scholar_case?case=4279706663801357625&q=Barbara+Simmons+Dowl&hl=en&as_sdt=2,5|Case name = USA v. Dowl|Case number = 2:08-cr-00164-SSV-SS|Case status = closed|Judge=[[Sarah Vance]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Vance presided in the case of Barbara Simmons Dowl, who was caught for her role in the collecting Road Home funds. Dowl was convicted in June of 2009 of theft, making false statements, and wire fraud. Judge Vance sentenced Dowl to nearly six years in prison on October 7, 2009, one more year than the federal sentencing minimum, citing the emotional distress of victims for the additional time. <ref>[http://www.nola.com/crime/index.ssf/2009/10/federal_judge_throws_book_at_r.html "NOLA.com" "Federal judge takes harsh line in sentencing Road Home thief," October 7, 2009]</ref>}}
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{{Notable case format|Level = Court|Title = Drywall cases
(2009-2011)
|Case Link = http://www.valanduseconstructionlaw.com/uploads/file/germano%20case.pdf|Case name = Fernandez v. Knauf, et.al|Case number = 2:09-md-02047-EEF-JCW|Case status = closed|Judge=Eldon Fallon|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Fallon presided over a trial for many homeowners who sued Knauf Plasterboard because the drywall has a sulfur type substance that deteriorated the drywall causing concerns that their homes may be unlivable.<ref name="drywall">[http://www.law.com/jsp/article.jsp?id=1202432931245&Federal_Judge_Puts_Chinese_Drywall_Cases_on_Rocket_Docket "Law.com" Federal Judge Puts Chinese Drywall Cases on 'Rocket Docket, August 11, 2009]</ref>
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{{Notable case format|Level = Court|Title = Drywall cases|Case Link = http://www.valanduseconstructionlaw.com/uploads/file/germano%20case.pdf|Case name = Fernandez v. Knauf, et.al|Case number = 2:09-md-02047-EEF-JCW|Case status = closed|Judge=Eldon Fallon|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Fallon presided over a trial for many homeowners who sued Knauf Plasterboard because the drywall has a sulfur type substance that deteriorated the drywall causing concerns that their homes may be unlivable.<ref name="drywall">[http://www.law.com/jsp/article.jsp?id=1202432931245&Federal_Judge_Puts_Chinese_Drywall_Cases_on_Rocket_Docket "Law.com" Federal Judge Puts Chinese Drywall Cases on 'Rocket Docket, August 11, 2009]</ref>
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The judge heard the case as part of 600 different cases that were consolidated into a special multi-district litigation case that would allow many other home owners to settle their cases out of court.<ref name="drywall" />
The judge heard the case as part of 600 different cases that were consolidated into a special multi-district litigation case that would allow many other home owners to settle their cases out of court.<ref name="drywall" />
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{{Notable case format|Level = Court|Title = Hospital construction|Case Link = http://environment.transportation.org/clue/view_file.aspx?fileID=1004|Case name = National Trust for Historic Preservation in the United States v. United States Department of Veterans Affairs, et al|Case number = Case 2:09-cv-05460-EEF-JCW|Case status = closed|Judge=[[Eldon Fallon]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Fallon ruled against two preservationists who did not want the U.S. Department of Veteran's Affairs and the State of Louisiana to build two new hospitals near the French Quarter in New Orleans.
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{{Notable case format|Level = Court|Title = Hospital construction
(2010)
|Case Link = http://environment.transportation.org/clue/view_file.aspx?fileID=1004|Case name = National Trust for Historic Preservation in the United States v. United States Department of Veterans Affairs, et al|Case number = Case 2:09-cv-05460-EEF-JCW|Case status = closed|Judge=[[Eldon Fallon]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Fallon ruled against two preservationists who did not want the U.S. Department of Veteran's Affairs and the State of Louisiana to build two new hospitals near the French Quarter in New Orleans.
On March 31, 2010, Judge Fallon found no reason to prevent the building project valued at $2 billion to move forward. The judge's ruling found that there were enough environmental impact studies completed before moving the project forward, a main objection by the National Trust for Historic Preservation.<ref>[http://www.wwltv.com/news/Court-sides-with-city-in-ruling-over-environmental-impact-of-proposed-hospitals-89640657.html ''WWL-TV'' "Judge OKs hospital projects in New Orleans ", March 31, 2010]</ref>}}
On March 31, 2010, Judge Fallon found no reason to prevent the building project valued at $2 billion to move forward. The judge's ruling found that there were enough environmental impact studies completed before moving the project forward, a main objection by the National Trust for Historic Preservation.<ref>[http://www.wwltv.com/news/Court-sides-with-city-in-ruling-over-environmental-impact-of-proposed-hospitals-89640657.html ''WWL-TV'' "Judge OKs hospital projects in New Orleans ", March 31, 2010]</ref>}}
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{{Notable case format|Level = Court|Title = Clipper Estates case|Case Link = http://scholar.google.com/scholar_case?case=9328885987670520660&q=clipper+estates&hl=en&as_sdt=2,5|Case name = Joffroin v. Tufaro|Case number = 606 F. 3d 235|Case status = closed|Judge=[[Martin Feldman]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Feldman dismissed a lawsuit filed by fifty people who lived in Clipper Estates in suburban New Orleans under allegations of violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act. The residents sued on allegations that the owner of Clipper Estates - also the President of the New Orleans Home Builders Association - used money he assessed against them after Hurricane Katrina for personal purposes instead of improving the subdivision as he promised. Judge Feldman dismissed the lawsuit claiming the plaintiffs had no standing under RICO. <ref>[http://www.nola.com/politics/index.ssf/2009/09/clipper_estates_lawsuit_dismis.html "NOLA.com" Clipper Estates lawsuit dismissed by federal judge, September 14, 2009]</ref>
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{{Notable case format|Level = Court|Title = Clipper Estates case
(2009-2010)
|Case Link = http://scholar.google.com/scholar_case?case=9328885987670520660&q=clipper+estates&hl=en&as_sdt=2,5|Case name = Joffroin v. Tufaro|Case number = 606 F. 3d 235|Case status = closed|Judge=[[Martin Feldman]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Feldman dismissed a lawsuit filed by fifty people who lived in Clipper Estates in suburban New Orleans under allegations of violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act. The residents sued on allegations that the owner of Clipper Estates - also the President of the New Orleans Home Builders Association - used money he assessed against them after Hurricane Katrina for personal purposes instead of improving the subdivision as he promised. Judge Feldman dismissed the lawsuit claiming the plaintiffs had no standing under RICO. <ref>[http://www.nola.com/politics/index.ssf/2009/09/clipper_estates_lawsuit_dismis.html "NOLA.com" Clipper Estates lawsuit dismissed by federal judge, September 14, 2009]</ref>
'''Appeal to Fifth Circuit'''
'''Appeal to Fifth Circuit'''
The case was appealed to the [[United States Court of Appeals for the Fifth Circuit]], where judges [[Thomas Reavley]], [[Edward Prado]], and [[Priscilla Owen]] affirmed Feldman's decision. It was determined that the plaintiffs in the case did not have standing after applying the three-part test from Whalen v. Carter, 954 F.2d 1087, 1093 (5th Cir.1992).<ref>[http://scholar.google.com/scholar_case?case=9328885987670520660&q=clipper+estates&hl=en&as_sdt=2,5 "Joffroin v. Tufaro, 606 F. 3d 235 - Court of Appeals, 5th Circuit 2010", May 11, 2010]</ref>}}
The case was appealed to the [[United States Court of Appeals for the Fifth Circuit]], where judges [[Thomas Reavley]], [[Edward Prado]], and [[Priscilla Owen]] affirmed Feldman's decision. It was determined that the plaintiffs in the case did not have standing after applying the three-part test from Whalen v. Carter, 954 F.2d 1087, 1093 (5th Cir.1992).<ref>[http://scholar.google.com/scholar_case?case=9328885987670520660&q=clipper+estates&hl=en&as_sdt=2,5 "Joffroin v. Tufaro, 606 F. 3d 235 - Court of Appeals, 5th Circuit 2010", May 11, 2010]</ref>}}
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{{Notable case format|Level = Court|Title = Road home thief case (2009)|Case Link = http://scholar.google.com/scholar_case?case=4279706663801357625&q=Barbara+Simmons+Dowl&hl=en&as_sdt=2,5|Case name = USA v. Dowl|Case number = 2:08-cr-00164-SSV-SS|Case status = closed|Judge=[[Sarah Vance]]|Court=United States District Court for the Eastern District of Louisiana|Text = Judge Vance presided in the case of Barbara Simmons Dowl, who was caught for her role in the collecting Road Home funds. Dowl was convicted in June of 2009 of theft, making false statements, and wire fraud. Judge Vance sentenced Dowl to nearly six years in prison on October 7, 2009, one more year than the federal sentencing minimum, citing the emotional distress of victims for the additional time. <ref>[http://www.nola.com/crime/index.ssf/2009/10/federal_judge_throws_book_at_r.html "NOLA.com" "Federal judge takes harsh line in sentencing Road Home thief," October 7, 2009]</ref>}}
===Federal courthouse===
===Federal courthouse===