District Court, W.D. Louisiana — appointed by Ronald Reagan
Hussain v. Garson
District Court, W.D. Louisiana · 2011-03-07 · cited 1×
In Hussain v. Garson, plaintiff Sunny Z. Hussain sued his former investment broker Gregory S. Garson for alleged misconduct including negligence, breach of fiduciary duty, fraud, and violations of securities laws, stemming from advice to invest heavily in stock of Performance Health Technologies, Inc. as part of an alleged pump-and-dump scheme. The defendant moved to dismiss for lack of subject matter jurisdiction or, alternatively, to stay proceedings under the Federal Arbitration Act based on arbitration clauses in brokerage account applications signed by Hussain. The court granted the motion to stay, holding that the arbitration agreements were valid and enforceable, covered all controversies relating to the accounts and transactions, and applied to Garson as the designated broker, with a strong presumption of arbitrability requiring that the claims be resolved through arbitration rather than litigation.
business & regulatoryproceduretorts & liability
Gillet v. Anderson
District Court, W.D. Louisiana · 2008-08-03
The case involved an inmate at David Wade Correctional Center who sued prison officials alleging that the chaplain refused to purchase religious materials for his practice of Hermetic Gnosticism, seeking equivalent resources to those provided for other religions. The plaintiff initiated the prison's administrative grievance process but filed his federal lawsuit before completing the required steps and receiving a final decision from the Secretary. The court denied the motion for preliminary injunction and granted summary judgment to the defendants, dismissing the complaint with prejudice to refiling in forma pauperis, because federal law requires prisoners to exhaust all available administrative remedies before bringing suit under 42 U.S.C. § 1983, and the plaintiff had not done so at the time of filing.
religious libertycivil rightsprocedure
Cryer v. United States
District Court, W.D. Louisiana · 2008-05-09 · cited 3×
In Cryer v. United States, plaintiff Tommy K. Cryer sued the United States under 26 U.S.C. § 7431, alleging that IRS special agents wrongfully disclosed return information by informing third parties that Cryer was the subject of a criminal investigation by the U.S. Attorney’s Office and a grand jury. The district court granted the government’s motion to dismiss for failure to state a claim. The court reasoned that the written communications did not disclose any “return information” as defined in § 6103(b)(2)(A), and the oral disclosures either failed to involve return information or were authorized under the investigative purposes exception in § 6103(k)(6). The court also dismissed claims related to grand jury proceedings under Federal Rule of Criminal Procedure 6.
taxescriminal law
Griffin v. Georgia Gulf Lake Charles, LLC
District Court, W.D. Louisiana · 2008-01-09 · cited 2×
The case involves a plaintiff who sued a chemical company in Louisiana state court for personal injuries allegedly caused by exposure to toxic chemicals from a plant failure, seeking damages including medical expenses, pain and suffering, and lost earning capacity. The defendant removed the action to federal court under diversity jurisdiction, asserting that the amount in controversy exceeded $75,000. The plaintiff moved to remand, relying on allegations and a post-removal stipulation that damages were below the jurisdictional threshold. The court denied the motion to remand, holding that the defendant had shown by a preponderance of the evidence that the amount in controversy requirement was satisfied at the time of removal and that subsequent stipulations could not divest federal jurisdiction.
proceduretorts & liability
United States v. Gentry
District Court, W.D. Louisiana · 2006-04-21 · cited 1×
In United States v. Gentry, defendant Nicholas Gentry filed a motion under 28 U.S.C. § 2255 claiming ineffective assistance of counsel for failing to object to the loss calculation used in his sentencing for armed bank robbery and for not filing a direct appeal. The court granted the motion in part, ordering a new sentencing hearing after finding that the presentence report improperly included the officer's medical and workers' compensation costs as well as home repair expenses in the loss amount, consistent with the Fifth Circuit's reversal of two co-defendants' sentences on the same issue; this resulted in an overstated guidelines range of 188-235 months instead of the correct 168-210 months. The claim regarding failure to consult about an appeal was denied as moot. The magistrate judge's recommendation, adopted by the district court, rested on the evidentiary hearing establishing counsel's lack of objection and the legal error in the loss calculation under applicable guidelines and precedent.
criminal lawprocedure
Holmes v. Internal Revenue Service
District Court, W.D. Louisiana · 2004-11-17
Ezrell C. Holmes, a pro se plaintiff, appealed an IRS Determination from a Collection Due Process Hearing after the agency assessed $500 frivolous return penalties against him for amending his 1998-2000 tax returns to report zero income and claim refunds despite evidence of taxable wages. Holmes alleged the determination was erroneous because he was denied a hearing. The district court granted the United States' motion for summary judgment and dismissed the claims. The court found that Holmes received advance notice of the October 23, 2003 telephone hearing, contacted the settlement officer the day before to reschedule due to work, but then failed to respond to multiple follow-up attempts over two weeks, allowing the IRS to review the case file and proceed with collection. Review was for abuse of discretion under 26 U.S.C. § 6330, and the court concluded the IRS did not abuse its discretion.
taxesprocedure