Earnest v. Palfinger Marine USA Inc

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION JEREMY EARNEST CASE NO. 6:20-CV-00685 LEAD VERSUS JUDGE ROBERT R. SUMMERHAYS PALFINGER MARINE USA INC ET AL MAGISTRATE JUDGE CAROL B. WHITEHURST MEMORANDUM RULING The present matter before the Court is a Motion for Partial Summary Judgment Dismissing Claims for Punitive or Exemplary Damages [ECF No. 87] filed by Palfinger Marine, USA, Inc. (“Palfinger”). Palfinger argues that, based upon the Court’s prior ruling in Dupre v. Palfinger,1 Louisiana law applies to this case. Under Louisiana law, there is no basis for a…