United States Fifth Circuit

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Nunez v. Allstate Ins. Co., 09-30034

In an action against an insurer based on Hurricane Katrina-related damage to plaintiffs' home, summary judgment for defendant is affirmed where: 1) according to the plain meaning of the term "replace," plaintiffs' purchase of their Houston home did not constitute a substitute or replacement under the policy; and 2) rulings of other judges in the Eastern District of Louisiana and the facts propounded by defendant demonstrated that a determination to exclude plaintiffs' expert testimony under Fed. R. Evid. 702 did not amount to an abuse of discretion.

Appellate Information

  • Decided 04/23/2010
  • Published 04/23/2010


  • CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM and STEWART, Circuit Judges, and FELDMAN, District Judge.


  • United States Fifth Circuit


  • For Appellant:
  • George Frazier (argued), New Orleans, LA, for Plaintiffs-Appellants.

  • For Appellees:
  • Richard L. Fenton (argued), Sonnenschein, Nath & Rosenthal, L.L.P., Chicago, IL, Arthur J. Lentini, Law Offices of Arthur J. Lentini, Metairie, LA, Joe Boyd Henderson, III, Doyle, Restrepo, Harvin & Robbins, L.L.P., Stephen Howard Lee, Porter & Hedges, L.L.P., Houston, TX, for Defendant-Appellee.