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

Judges

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

Court

  • United States Fifth Circuit

Counsel

  • 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.