Legal Opinion

Olivier Plantation, LLC v. St. Bernard Parish

District Court, E.D. Louisiana

Decided September 24, 2010No. Civil Action 09-3581PublishedCited by 9 opinions

1Opinion of the Court

ORDER & REASONS

ELDON E. FALLON, District Judge.

Before the Court are Plaintiffs Olivier Plantation, LLC, Park Investments, Ltd., and Morning Park, Inc.’s Motion to Sever, Motion to Dismiss, and Motion to Remand. Rec. Doc. No. 5. For the following reasons, these Motions are GRANTED, severing the claim in the Petition from the claim in the Third-Party Demand, remanding the claim in the Petition to the 34th Judicial District Court for the Parish of St. Bernard, Louisiana, and dismissing, without prejudice, the claim in the Third-Party Demand.

I. BACKGROUND

This case arises out of alleged damage to…

2Cases cited43 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  4. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  5. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987

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3Cited by9 opinions

  1. Borgnemouth Realty Co. v. Parish of St. BernardLouisiana Court of Appeal · 2014
  2. Waltner v. United StatesUnited States Court of Federal Claims · 2011
  3. Olivier Plantation, L.L.C. v. Parish of St. BernardLouisiana Court of Appeal · 2014
  4. Pizani v. St. Bernard ParishLouisiana Court of Appeal · 2013
  5. Lake Borgne Basin Levee District v. United StatesUnited States Court of Federal Claims · 2016

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