Legal Opinion
First National Bank v. Lustig
District Court, E.D. Louisiana
Decided July 30, 1993No. Civ. A. Nos. 87-5488, 88-1682PublishedCited by 1 opinion
1Opinion of the Court
MENTZ, Senior District Judge.
Before the Court are several pre-trial motions which do not require oral argument.
Accordingly,
IT IS ORDERED that:
1) Plaintiffs [FNBL’s] Motion in Limine to Preclude Aetna/Federal from Asserting that the “Blown Take-outs” Show FNBL’s Failure to Mitigate or that FNBL’s Negligence Caused the Loss
DENIED. The jury’s verdict in the first trial has no bearing on the issues to be tried in the upcoming trial because the Fifth Circuit vacated the judgment on that verdict. Causation and mitigation remain viable issues on which the “blown take-outs” are relevant. The “blown…
2Cases cited12 opinions
- Beech Aircraft Corp. v. RaineySupreme Court of the United States · 1988
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Federal Deposit Insurance Corporation v. St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Sixth Circuit · 1991
- First National Bank of Louisville, Cross-Appellant v. Loretta Lustig, and Aetna Casualty & Surety Co., and Federal Insurance Co., Cross-AppelleesCourt of Appeals for the First Circuit · 1992
- North Mississippi Communications, Inc., and Pamela McPhail Ivy v. Douglas W. Jones, Desoto County Board of SupervisorCourt of Appeals for the Fifth Circuit · 1992
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