EPISODE · Jul 11, 2026 · 36 MIN
Rey v. LCMC Health Care Partners
from Swear on the Stand · host Daniel W. Swear
This episode details a ruling from the United States Court of Appeals for the Fifth Circuit regarding a lawsuit over helicopter noise and vibrations at a New Orleans hospital. A group of local residents sought a mandatory injunction to force the hospital to relocate its helipad, but the district court found that federal regulations preempted such a request. The plaintiffs attempted to appeal this decision immediately, claiming the ruling was an interlocutory order that effectively refused an injunction. However, the appellate court dismissed the appeal, concluding it lacked jurisdiction because the plaintiffs failed to prove the decision would cause irreparable harm before a final judgment. The court emphasized that immediate appeals are generally reserved for preliminary injunctions rather than the permanent relief sought in this nuisance case.
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Rey v. LCMC Health Care Partners
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