Bruce Dean, L.L.C - Reported Decisions

Warren v. Shelter Mut. Ins. Co., 2016-1647 (La. 10/19/17); 233 So. 3d 658 (Guidry, J.) (awarding $4.25 million in punitive damages under the general maritime law, plus $575,000 in judicial interest, which was 34 times the compensatory damages award of $125,000 in wrongful death and survival action against a boat steering manufacturer) (co-brief-writer in Louisiana Supreme Court for successful plaintiff/respondent).

Cooley v. Adgate, 52,000 (La. App. 2 Cir. 5/30/18); ___ So. 3d ___, 2018 WL 2422940 (Williams, Moore & McCallum, J.J.) (increasing future medical expense award to plaintiff who suffered aggravation of pre-existing lumbar disc degeneration and lumbar facet arthropathy from $0 to $269,129, for annual radiofrequency ablation / rhizotomy procedures for the rest of plaintiff’s remaining 35-year life expectancy) (brief-writer for successful plaintiff/appellant).

Despaux v. RSC Equip. Rental, Inc., 2017-0765 (La. App. 4 Cir. 4/25/18); ___ So. 3d ___, 2018 WL 1940640 (Belsome, Ledet & Chase, J.J.) (affirming $527,086 judgment against manufacturer of portable light tower which fell and struck worker, causing severe head and spinal injuries, finding that the product was defective in design or construction, even though jury determined that the product's warnings were adequate) (appellate brief-writer for successful plaintiff/appellee on appeal and rehearing).

Shelton v. Pavon, 2017-0482 (La. 10/18/17); 236 So. 3d 1233 (Guidry, J.) (reinstating plaintiff-in-reconvention's action for defamation, holding that trial court erred in granting special motion to strike under La. Code Civ. Proc. art. 971 because the defamatory statements were not made in connection with a public issue, and holding that plaintiff-in-reconvention was entitled to award of attorneys' fees) (appellate consultant to successful defendant/plaintiff-in-reconvention/respondent).

Saverin v. Orleans Parish Sheriff's Office (City of New Orleans), 2017-0918 (La. App. 4 Cir. 12/20/17) (unpublished) (Edwards, Ledet & Brown, J.J.) (upon review, affirming trial court's award of $5,000 attorneys' fees against defense attorney as sanction, under La. Code Civ. Proc. arts. 863, 1420, 1426 and 1469, for failing to produce privilege log in response to subpoena duces tecum to claims adjuster, and for filing meritless motion to quash and motion for protective order) (appellate brief-writer for successful plaintiff-respondent).

Doyle v. Lonesome Development, LLC, 2017-0748 (La. App. 1 Cir. 10/2/17) (unpublished) (Higginbotham, Holdridge & Penzato, J.J.) (Penzato, J., dissenting) (in case involving severe injuries to 8-year-old boy struck by falling rotten tree in subdivision while playing soccer, denying writ application by subdivision developer and its insurer from denial of their motion for summary judgment asserting recreational use immunity under La. R.S. 9:2791 and La. R.S. 9:2795) (appellate court consultant for successful plaintiff-respondent).

Veronica Michael v. Royal Frenchmen Restaurant LLC et al., No. 2014-7030, Civil District Court for the Parish of Orleans, Div. I-14 (Piper D. Griffin, J.) (Order June 23, 2017) (denying defendants' motion for summary judgment on liability, and holding that there were genuine issues of material fact as to whether the defendant adjacent landowner and restaurant were liable for accident in which plaintiff fell into an open drain hole in a public sidewalk which defendants did not own) (trial court brief-writer for successful plaintiff).

Doyle v. Lonesome Develop., LLC, 2017-0226 (La. App. 1 Cir. 5/18/17); 2017 WL 2189819 (unpublished) (Higginbotham, Theriot & Chutz, J.J.) (denying defendant property manager's writ application, from the trial court's denial of its motion for summary judgment asserting recreational use immunity under La. R.S. 9:2791 and La. R.S. 9:2795, in action by parents of child severely injured by a falling tree while playing soccer) (appellate consultant and co-brief-writer for successful plaintiffs/respondents).

Matthews v. United Fire & Cas. Ins. Co., 2016-0389 (La. App. 4 Cir. 3/8/17); 213 So. 3d 502 (affirming trial court’s denial of defendants’ exception of improper venue in Orleans Parish, based on plaintiff’s allegation that corporate officer who resided in Orleans Parish negligently hired and negligently supervised truck driver who caused motor vehicle accident), writ denied, 2017-0594 (La. 5/26/17); 221 So. 3d 857 (trial court brief-writer for successful plaintiff/respondent).

Shelton v. Pavon, 2016-0758 (La. App. 4 Cir. 2/15/17); 212 So. 3d 603 (Love, Ledet & Woods, J.J.) (reinstating plaintiff-in-reconvention's action for defamation, holding that trial court erred in granting special motion to strike under La. Code Civ. Proc. art. 971 because the defamatory statements were not made in connection with a public issue, and holding that plaintiff-in-reconvention was entitled to award of attorneys' fees) (appellate consultant to successful defendant/plaintiff-in-reconvention/applicant)

Broussard v. Dillard Dep't Stores, Inc., 2016-134 (La.App. 3 Cir. 2/15/17); 211 So. 3d 1269 (Savoie, Saunders & Kyzar, J.J.) (3-2 decision) (reversing the worker's compensation judge's order, and holding that a self-insured corporation, which does not itself maintain a claims office in Louisiana, must retain a Louisiana claims adjuster, pursuant to La. Rev. Stat. 23:1161.1 (A), and further holding that the worker's compensation judge had subject matter jurisdiction to enter the order) (appellate brief-writer for successful plaintiff/applicant).

Perry v. State Farm Mut. Auto. Ins. Co., 2016-418 (La. App. 5 Cir. 12/4/16); 209 So. 3d 308 (Chehardy, C.J., Windhorst, J. & Liljebert, J.) (reversing dismissal of plaintiff's tort claim against hospital; holding that tort against hospital claim by plaintiff whose leg was amputated in motor vehicle crash, alleging that hospital negligently discharged defendant driver while still under the influence of intoxicating drugs, was not subject to the Louisiana Medical Malpractice Act’s cap on damages) (consultant on appeal for successful plaintiff/appellant).

Warren v. Shelter Mut. Ins. Co., 2015-354, 2015-838, 2015-1113 (La. App. 3 Cir. 6/29/16); 196 So. 3d 776 (Thibodeaux, C.J., Peters, J. & Conery, J.) (Conery, J., concurring in part and dissenting in part) (affirming, as not excessive, $23 million punitive damages award against boat steering system manufacturer, under maritime law, which was 184 times the compensatory damages award of $125,000, but less than three times the potential harm, in wrongful death and survival action) (rehearing denied Aug. 3, 2016) (appellate co-brief-writer for successful plaintiffs/appellees).

Sutherland v. Alma Plantation, L.L.C., 2015-1136 (La. App. 4 Cir. 5/4/16); 193 So. 3d 1178 (Love, Bonin & Lobrano, J.J.) (reversing trial court’s summary judgment for defendant sugar mill in suit arising from spouse’s death from mesothelioma from second-hand exposure to asbestos, and holding that sugar mill owed duty to protect spouse from exposure to asbestos fibers carried home on husband's clothing even before 1972 OSHA asbestos regulations), writ denied, 2016-1044 (La. 9/16/16); 206 So. 3d 208 (assisting brief-writer in court of appeal for successful plaintiffs/appellants and assisting brief-writer in Louisiana Supreme Court for successful plaintiffs/respondents).

So. Framers of La., LLC v. Doctors Hosp. of Slidell, 2015-1878 (La. App. 1 Cir. 8/31/16); 202 So. 3d 1135 (McClendon, McDonald & Theriot, J.J.) (in case of first impression, holding that workers' compensation insurer's suit against healthcare provider, for alleged overcharges, was premature, under La. R.S. 23:1314 (E) (2), once healthcare provider initiated administrative review, under L.A.C. Title 40, pt. I, § 5149) (appellate brief-writer for successful defendant/appellee).

Smith v. Transport Services Co., 2016-1116 (La. App. 4 Cir. 2/3/16) (denying defendants’ emergency writ application requesting new trial of causation, in action by more than 500 residents exposed to chemical released from tanker truck) (trial court and appellate brief-writer for successful plaintiffs/respondents).

Henry v. Baton Rouge Sewer & Drain Serv., Inc., 2015-1385 (La. App. 1 Cir. 4/15/16); 2016 WL 1545661 (Whipple, C.J., Welch, J. & Drake, J.) (unpublished) (vacating trial court’s ex parte judgment for $236,738 in attorneys’ fees for plaintiff, representing 124 percent of the amount awarded, and denying plaintiff’s request for additional attorneys’ fees on appeal) (appellate brief-writer for defendants/appellants).

Evans v. ANCO Insulations, Inc., No. 108481, Div. D, 23^rd J.D.C. for the Parish of Ascension (Hon. Jessie LeBlanc, J.) (Aug. 5, 2015) (trial court denied defendants’ motion for summary judgment on prescription, even though plaintiff knew he was exposed to asbestos and CT scan of lung revealed malignancy more than one year before suit was filed) (trial court brief-writer for successful plaintiffs).

Advocate Financial, LLC v. Henry Dart, Attorney at Law, A Professional Law Corp., 2014-0788 (La. App. 1 Cir. 3/6/15); 2015 WL 997215 (Whipple, C.J., McClendon, J. & Higginbotham, J.) (unpublished) (reversing trial court’s summary judgment for $1.2 million plus legal interest, in suit between attorneys based on alleged joint venture liability for case cost loans) (appellate brief-writer for successful third-party defendant).

Transp. Servs. Co. of Illinois v. Smith, ___ U.S. ___, 135 S. Ct. 1404, 191 L. Ed. 2d 362 (2015) (in mass joinder action by 500+ plaintiffs affected by chemical release, denying class action defendants' application for certiorari to United States Supreme Court from Louisiana Supreme Court decision holding that plaintiffs' claims were timely following denial of class certification by federal court, despite dissenting opinion that the decision conflicted with Fed. R. Civ. P. 23 concerning notice of the dismissal of federal class actions) (brief-writer for successful plaintiffs/respondents).

Wendel v. Travelers Ins. Co., 2014-0002 (La. App. 4 Cir. 10/8/14); 151 So. 3d 828 (Jenkins, Love & Dysart, J.J.) (affirming $3.87 million judgment, including $550,000 general damages, by C.D.C. for the Parish of Orleans jury to plaintiff who suffered one herniated cervical disc which required cervical fusion surgery, one lumbar disc injury which did not require surgery, and “chronic regional pain syndrome” (CRPS)), writ denied, 2014-2346 (La. 2/6/15); 158 So. 3d 818 (assisting brief-writer for successful plaintiffs/appellees/respondents in court of appeal and supreme court).

Hernandez Diaz v. Park Group Constr., LLC, 15-34 (La. App. 3 Cir. 2/10/15) (Cooks, Saunders & Amy, J.J.; Ezell & Savoie, J.J., dissenting) (unreported) (reversing trial court's judgment for defendant workers' compensation insurer on exception of prematurity, where defendant suspended benefits for two days, and plaintiff filed request for sanctions) (appellate brief-writer for successful claimant/applicant).

Smith v. Transp. Servs. Co. of Ill., 2013-2788 (La. 7/1/14); 148 So. 3d 903 (Knoll, J.) (reversing appellate court dismissal of plaintiffs' action, and reinstating claims of 500+ individuals who filed suit after dismissal of class action; holding in case of first impression in Louisiana that class action filed in Louisiana state court suspends prescription as to all class members, even if subsequently removed to federal court, until one of the three triggering events of La. Code Civ. Proc. art. 596--including notice to the class--occurs) (trial court, appellate and supreme court brief-writer).

Stubbs v. Allmerica Fin. Benefit Ins. Co., No. 14-cv-749 (E.D. La. June 7, 2014) (Vance, J.) (R. Doc. 9) (granting plaintiff’s motion to remand case to Civil District Court for the Parish of Orleans, based on removing defendant’s failure to obtain the written consent of all defendants before removal; granting plaintiff’s motion for costs, expenses and attorneys’ fees; and referring the matter to the magistrate judge to determine plaintiff’s reasonable costs, expenses and attorneys’ fees) (brief-writer for successful plaintiff).

Lafayette Care Ctr. v. Mouton, 14-455 (La. App. 3 Cir. 8/13/14); 146 So. 3d 913 (Conery, Saunders & Genovese, J.J.) (in case of first impression, reversing trial court’s denial of workers’ compensation claimant’s exception of no cause of action, and dismissing action by workers’ compensation insurer; holding that the 2013 amendment to La. Rev. Stat. 23:1314 would be applied retroactively to prohibit an action by a workers’ compensation insurer against an injured worker) (appellate brief-writer for successful claimant/applicant).

Am. Home Ins. Co. & Unified Recovery Group L.L.C. v. Morrison, 2013-1448 (La. App. 1 Cir. 4/28/14); 144 So. 3d 1073 (Kuhn, Higginbotham & Theriot, J.J.) (reversing trial court's judgment suspending workers' benefits for failure to attend second medical opinion (SMO) examination and dismissing workers' compensation insurer's action in its entirety; in a case of first impression, holding that 2013 Louisiana Workers Compensation Act amendments could be applied retroactively to bar employer’s action against worker) (appellate brief-writer for successful claimant/applicant).

State v. Ramirez, 2013-0276 (La. 10/15/13); 125 So. 3d 413 (Weimer, J.) (reversing lower courts' judgments, granting defendant's motion to quash, and holding that La. Rev. Stat. 14:100.13, which made it a felony for an alien or nonresident alien to operate a motor vehicle without documentation demonstrating that the driver is lawfully present in the United States, is preempted by federal law under Arizona v. United States, 567 U.S. 387, 132 S. Ct. 2492, 183 L. Ed. 2d 351 (2012)) (appellate counsel for successful amici curiae, the governments of Mexico (the United Mexican States), Honduras, Nicaragua, and the Republic of Guatemala).

State v. Marquez, 2012-1316 (La. 10/15/13); 125 So. 3d 412 (Weimer, J.) (reversing lower courts' judgments, granting defendant's motion to quash, and holding that La. Rev. Stat. 14:100.13, which made it a felony for an alien or nonresident alien to operate a motor vehicle without documentation demonstrating that the driver is lawfully present in the United States, is preempted by federal law under Arizona v. United States, 567 U.S. 387, 132 S. Ct. 2492, 183 L. Ed. 2d 351 (2012)) (appellate counsel for successful amici curiae, the governments of Mexico (the United Mexican States), Honduras, Nicaragua, and the Republic of Guatemala).

The Fresh Market, Inc. v. Witt, 2013-0774 (La. App. 1 Cir. 7/29/13) (Pettigrew, Theriot & Drake, J.J.) (not designated for publication) (refusing to consider employer's writ application in a workers' compensation action, following trial court's ruling, in case of first impression, that the self-insured employer was required to either retain a Louisiana-domiciled claims adjuster or open a Louisiana claims office, and could not use an out-of-state claims adjuster, pursuant to La. Rev. Stat. 23:1161.1) (appellate brief-writer for successful claimant/respondent).

Church Mutual Ins. Co. v. Dardar, 2012-0659 c/w 2013-0037 (La. App. 4 Cir. 6/26/13); 119 So. 3d 967 (Bagneris, Love & Landrieu, J.J.) (granting employee's writ application in a workers' compensation action and holding that the 2011 and 2012 amendments to the Louisiana Workers' Compensation Act, including La. Rev. Stat. 23:1203.1 and new medical treatment guidelines, could not constitutionally be applied to workers whose accidents occurred before the statutes' effective dates, despite amicus curiae briefs filed by eight workers' compensation self-insurance funds; also reversing the trial court's judgment sanctioning the employee's attorney, under La. Code Civ. Proc. art. 863, finding no "exceptional circumstance" which would warrant sanctions) (appellate brief-writer for successful claimant/appellant/relator).

Dardar v. Trinity Universal Methodist Preschool, 2013-0037 (La. App. 4 Cir. 3/7/13) (Tobias, McKay & Bagneris, J.J.) (not designated for publication) (in a case of first impression in Louisiana, reversing the trial court's judgment in a workers' compensation action, and holding that the 2011 and 2012 amendments to the Louisiana Workers' Compensation Act, including La. Rev. Stat. 23:1203.1 and new medical treatment guidelines, could not constitutionally be retroactively applied to an injured employee whose accident occurred before the effective dates of the amendments) (appellate brief-writer for successful claimant/relator).

Banks v. Parish of Jefferson, 12-215, 12-288 (La. App. 5 Cir. 1/30/13); 108 So. 3d 1208 (Gravois, J.) (reversing summary judgment for the defendant general contractor, based on its defenses of statutory immunity under La. Rev. Stat. 9:2771 and government contractor immunity under Boyle v. United Techs. Corp., 487 U.S. 500 (1988), in a suit by homeowners whose properties were damaged during construction of a drainage canal) (appellate brief-writer, and lead counsel for oral argument before Court of Appeal, for successful plaintiffs/appellants).

Duarte-Ortega v. Disaster Recovery Servs., LLC, 12-883 (La. App. 5 Cir. 12/27/12); 118 So. 3d 1126 (Gravois, Johnson & Chaisson, J.J.) (in a case of first impression in Louisiana, affirming the worker's compensation judge's order requiring a foreign worker's compensation insurer who was using an out-of-state adjuster to retain a Louisiana claims adjuster, pursuant to La. Rev. Stat. 23:1161.1(A), holding that the worker's compensation judge had jurisdiction to enter the order, and ruling that the worker's compensation insurer had waived its constitutional challenge to the statute), writ denied, 2013-0244 (La. 3/8/13); 109 So. 3d 365 (appellate and Supreme Court brief-writer for successful claimant/respondent).

Adams v. Ford Motor Co., No. 12-2168, 2012 WL 5877957 (W.D. La. Nov. 20, 2012) (R. Doc. 17, 18) (Hayes, M.J.) (granting plaintiffs' motion to remand products liability action following van accident which resulted in multiple deaths and injuries, based lack of diversity of citizenship federal subject matter jurisdiction, and rejecting defendant's argument that the sole Louisiana defendant's insurer had been improperly joined and/or was a nominal party, even though plaintiffs partially released the sole Louisiana defendant except as to the extent of insurance coverage) (district court brief-writer for successful plaintiffs).

Wiltcher v. Ford Motor Co., No. 12-2169, 2012 WL 5877969 (W.D. La. Nov. 20, 2012) (R. Doc. 17, 18) (Hayes, M.J.) (granting plaintiffs' motion to remand products liability action following van accident, based lack of diversity of citizenship, and rejecting defendant's improper joinder/nominal party argument, even though plaintiffs partially released sole Louisiana defendant except as to the extent of insurance coverage) (district court brief-writer for successful plaintiffs).

Franklin v. City of Alexandria, No. 07-1011, 2012 WL 3253019 (W.D. La. Aug. 7, 2012) (R. Doc. 179) (Drell, J.) (granting plaintiffs' motion to remand class action by ratepayers against city, for reimbursement of utility overcharges, to Louisiana state court, and finding no federal question jurisdiction under the Federal Power Act (FPA), enforced by the Federal Energy Regulatory Commission (FERC)) (district court brief-writer for successful plaintiffs/class members).

Franklin v. City of Alexandria, No. 07-1011, 2012 WL 3253130 (W.D. La. May 21, 2012) (Kirk, M.J.) (denying defendant's motion to dismiss class action by ratepayers against city, for reimbursement of utility overcharges, and rejecting defendant's discretionary function immunity defense, under La. R.S. 9:2798.1, in its status of utility owner), overruled on other grounds, No. 07-1011, 2012 WL 3253019 (W.D. La. Aug. 7, 2012) (Drell, J.) (district court brief-writer for successful plaintiffs/class members).

David v. Velsicol Chem. Corp., 09-1237, 09-1239 (La. App. 3 Cir. 10/27/10); 49 So. 3d 997 (Cooks, J.) (reversing trial court's dismissal, on summary judgment and exceptions of no cause of action, no right of action, and prescription, of consolidated actions by property owners whose land and drinking water was contaminated by the defendant product manufacturer's arsenic-containing cattle dip more than two decades earlier, and rejecting the manufacturer's "subsequent purchaser doctrine" argument that purchasers of property cannot recover for damages occurring before purchase), writ denied, 2010-2636 (La. 3/9/12); 83 So. 3d 1052, reconsideration not considered, 2010-2636 (La. 4/20/12); 85 So. 3d 1278 (denying defendant chemical manufacturer’s writ applications, despite dissent by appellate court judge) (appellate and Supreme Court brief-writer for successful plaintiffs/appellants/respondents).

In re Med. Review Panel of Gerald L. Gardner, No. 541,397 (1st Jud. Dist. Ct. Caddo Parish, La. Nov. 17, 2011) (Crichton, J.) (unpublished) (denying defendant nursing home's exception of prescription in medical malpractice action, and holding that under La. R.S. 9:5628 medical malpractice survival and wrongful death actions accrued on date of patient's death, not on earlier date of discovery of malpractice) (district court brief-writer for successful plaintiffs).

Alexander v. Norfolk S. Corp., 2011-0452 et al. (La. App. 4 Cir. 11/16/11) (unpublished) (affirming trial court's class certification judgment in action alleging personal injuries following chemical spill, despite plaintiffs' expert's testimony that proof of causation required individual evidence as to each class member's exposure levels) (district court and appellate court brief-writer for successful plaintiff class).

Kindred v. Blake Int'l Holdings, L.L.C., No. 2:10-cv-02788 (E.D. La. Sept. 21, 2011) (R. Doc. 40) (Lemmon, J.) (denying defendant Fastorq, L.L.C.'s motion for summary judgment on liability, in suit by rig worker who suffered three crushed ribs after falling through an unmarked hole on the platform, despite a lack of direct evidence that the defendant created the unsafe condition) (district court brief-writer for successful plaintiff).

Smith v. Transport Servs. Co., 2010-1238 (La. App. 4 Cir. 5/4/11); 67 So. 3d 487 (Bagneris, J.) (affirming trial court's denial of defendants' exception of prescription in individual actions filed by 500 plaintiffs injured in chemical spill more than two years after the incident, following federal court's denial of class certification, and remanding case for further trials on causation of damages), writ denied, 2011-1147 (La. 9/16/11); 69 So. 3d 1146 (denying defendants' writ application, despite lengthy dissent in appellate court) (district court, appellate and Supreme Court brief-writer for successful plaintiffs/appellees/respondents).

Frost v. Young, No. 4:08-cv-01824 (E.D. Ark. July 20, 2011) (R. Doc. 92) (Eisele, J.) (judgment granting Plaintiff's motion for summary judgment, finding that defendant insurer provided $2 million in uninsured/underinsured motorist (UM) coverage, and holding that insured's selection of $20,000 in UM coverage was invalid under Louisiana law) (district court brief-writer for successful plaintiff).

Scott v. Am. Tobacco Co., 2009-0461 (La. App. 4 Cir. 4/23/10); 36 So. 3d 1046 (Bonin, J.) (awarding $241.5 million judgment plus legal interest to plaintiff class in Louisiana statewide tobacco medical monitoring and smoking cessation class action), writs denied, 2010-1358, 2010-1361 (La. 9/3/10); 44 So. 3d 707, cert. denied sub nom. Philip Morris USA, Inc. v. Jackson, 564 U.S. 1037, 131 S.Ct. 3057, 180 L.Ed.2d 886 (2011) (district court, appellate, and Supreme Court assisting brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/appellees/respondents).

Wagoner v. Exxon Mobil Corp., No. Civ. A 09-7257, 2011 WL 2182042 (E.D. La. June 3, 2011) (Fallon, J.) (in wrongful death action by surviving spouse of worker who contracted multiple myeloma from benzene exposure, denying motion for summary judgment filed by manufacturer of "Liquid Wrench" product as to plaintiff's non-warnings claims, and holding that Federal Hazardous Substances Act (FHSA) did not expressly or impliedly preempt plaintiff's product defect claims) (district court brief-writer for successful plaintiff).

Davis v. Foremost Dairies, 2011-0568 (La. 4/25/11); 62 So. 3d 97 (denying defendants' application for supervisory review of judgment for $871,301.99, including $400,000 in general damages, to woman who suffered "a whiplash-like injury" which did not require surgery) (Supreme Court brief-writer for successful plaintiff/respondent).

Cadle Co. v. Henson, 45,978 (La. App. 2 Cir. 1/26/11); 57 So. 3d 458 (Caraway, J.) (reversing trial court's judgment and reinstating petition to annul default judgment, totaling more than $300,000, rendered against company which failed to timely respond to garnishment interrogatories) (appellate brief-writer for successful petitioner/appellant).

Davis v. Am. Home Prods. Corp., 2010-1404 (La. App. 4 Cir. 10/11/10) (denying defendant drug manufacturer's writ application from denial of motion for summary judgment, on the issue of the proper interpretation of Louisiana Product Liability Act (LPLA) regarding existence of alternative designs in design defect cases, in Louisiana statewide class action for approximately 20,000 women harmed by the implantable Norplant contraceptive), reh’g dismissed, 2010-1404 (La. App. 4 Cir. 10/15/10) (dismissing defendant’s application for rehearing), writ denied, 2010-2379 (La. 11/19/10); 49 So. 3d 385 (denying defendant drug manufacturer's writ application, supported by briefs from four amici curiae, regarding the proper interpretation of the LPLA) (district court, appellate and Supreme Court brief-writer for successful plaintiff class/respondents).

Cates v. Dillard Dep't Stores, Inc., 624 F. 3d 695 (5th Cir. 2010) (Jolly, J.) (reversing summary judgment for defendant department store owner in case where customer slipped on wet floor sign, even though customer could not prove how long the sign had been knocked down before accident) (appellate brief-writer for successful plaintiff/appellant).

Williams v. Stewart, 2010-0457 (La. App. 4 Cir. 9/22/10); 46 So. 3d 266 (Murray, J.) (affirming $450,000 general damages award and $45,138.42 special damages award, in survival action brought by children of 88-year-old woman with preexisting dementia, for head injuries suffered when she was struck by a sheriff's deputy's vehicle), writ denied, 2010-2598 (La. 1/14/11); 52 So. 3d 905 (appellate brief-writer for successful plaintiffs/appellees).

Davis v. Am. Home Prods., Inc., No. 94-11684 et al. (Civ. Dist. Ct. Orleans Parish, La. July 23, 2010) (Griffin, J.) (denying defendants' Daubert motion in limine to exclude plaintiff's engineering expert in products liability class action against manufacturer of the implantable Norplant contraceptive device) (unreported) (district court brief-writer for successful plaintiff class).

Smith v. Transp. Serv. Co. of Ill., 2009-1696 (La. App. 4 Cir. 12/17/09) (not designated for publication) (in action for personal injuries caused by chemical leak, affirming trial court's denial of defendant's exception of res judicata, based on dismissal of prior class action) (district court and appellate brief-writer for successful plaintiffs/respondents).

ASI Lloyds Ins. Co. v. Napoleon, No. Civ. A 09-6120 (E.D. La. Nov. 18, 2009) (Feldman, J.) (dismissing insurer's federal complaint for declaratory relief against mail carrier injured by dog, under doctrine of abstention, because of pending state court action) (district court brief-writer for successful defendant).

Express Rent-A-Car, LLC v. U-Save Fin. Servs., No. Civ. A. 07-4356, 2009 WL 2835762 (E.D. La. Aug. 24, 2009) (Vance, J.) (in first-party claim for property damages arising from Hurricane Katrina, granting plaintiff/insured's motion for partial summary judgment and holding that defendant unauthorized insurer was required to post a bond, pursuant to La. Rev. Stat. § 22:1909, "to insure that the injured party will be able to collect payment of a judgment against the unauthorized insurer") (district court brief-writer for successful plaintiff).

Bishop v. Shell Oil Co., No. 07-cv-2832 (E.D. La. July 22, 2009) (unpublished) (in toxic tort wrongful death and survival action by spouse and child of worker who contracted multiple myeloma as a result of exposure to benzene, denying one defendants' motion for summary judgment based on alleged preemption under Federal Hazardous Substances Act as to non-warnings claims and denying all defendants' motions for summary judgment as to general causation) (district court co-brief-writer for successful plaintiff).

Poree' v. Alton Ochsner Med. Found. dba Elmwood Fitness Ctr., No. 555-240 (24th Jud. Dist. Ct. Jefferson Parish, La. June 15, 2009) (denying defendants' Daubert motion in limine to exclude plaintiff's engineering expert in slip-and-fall action) (unreported) (district court brief-writer and lead counsel for oral argument for successful plaintiff).

Express Rent-A-Car LLC v. U-Save Fin. Servs., Inc., No. 07-4356, 2009 WL 1649583 (E.D. La. June 10, 2009) (Vance, J.) (denying motion for summary judgment by defendant insurer in first-party property damage claim by insured car rental company, and holding that: (1) unlicensed group "self-insurance" property damage program was insurance company subject to penalties and attorneys for bad faith adjustment of first-party property damage claim under La. R.S. 22:1892 and 22:1973; (2) insurer was not entitled to summary judgment based on exclusion for converted vehicles in "guidelines" where insured denied receipt of the guidelines; (3) insurer was not entitled to summary judgment based on accord and satisfaction where insured returned settlement checks unsigned; (4) insurer was not entitled to summary judgment based on insured's failure to produce vehicles destroyed in a repair shop fire and removed by FEMA; and (5) insurer was not entitled to summary judgment based on alleged lapse of coverage for non-payment absent proof that insurer gave insured proper notice of cancellation) (district court brief-writer for successful plaintiff).

Brooks v. Transit Mgmt. of Se. La., 2008-2540 (La. 5/29/09); 13 So. 3d 186 (per curiam) (affirming denial of defendant transit authority's motion for summary judgment on liability against mother whose child was thrown from the back of a city bus and seriously injured) (appellate and Supreme Court brief-writer for successful plaintiffs/respondents).

Reyes-Ramirez v. Progressive Sec. Ins. Co., 08-374 (La. App. 3 Cir. 11/5/08); 996 So. 2d 1213 (Sullivan, J.) (reversing trial court's judgment granting exception of res judicata, based on alleged release of all bodily injury claims, and reinstating Plaintiffs' claims for exemplary damages, under La. Civ. Code art. 2315.4, against intoxicated motorist and her liability insurer), writ denied, 2008-2877 (La. 2/6/09); 999 So. 2d 784 (appellate brief-writer for successful plaintiff/appellant).

Miceli v. State Farm Ins. Co., No. 07-5466 (E.D. La. Nov. 26, 2008) (denying property insurer's motions for summary judgment in claim arising from Hurricane Katrina on the issues of: (1) extracontractual/mental anguish damages under La. R.S. 22:1220; (2) bad faith adjustment of the claim under La. R.S. 22:658 and 22:1220; (3) retroactivity of amendments to La. R.S. 22:658; (4) proof of flood versus wind damage to structure; and (5) Daubert challenge to plaintiff's expert appraiser) (district court brief-writer for successful plaintiff).

Brooks v. Transit Mgmt. of Se. La., 2007-1367 (La. App. 4 Cir. 9/24/08); 996 So. 2d 9 (Belsome, J.) (affirming denial of defendant transit authority's motion for summary judgment on liability against mother whose child was thrown from the back of a city bus and seriously injured), aff'd, 2008-2540 (La. 5/29/09), 13 So. 3d 186 (appellate and Supreme Court brief-writer for successful plaintiff/respondent).

Short v. Andrews Transp., Inc., 2008-0121 (La. App. 1 Cir. 1/24/08) (unpublished) (denying defendant chemical transporter's motion for new trial on applicability of punitive damages under former La. Civ. Code art. 2315.3, in suit by three chemical plant workers who sustained permanent lung damage from exposure to nitrogen tetroxide) (district court and appellate brief-writer for successful plaintiffs/respondents).

Short v. Andrews Transp., Inc., 2007-1952 (La. App. 1 Cir. 11/30/07) (unpublished) (refusing to consider defendant chemical transporter's writ following denial of exception of res judicata in suit by three workers exposed to nitrogen tetroxide), on subsequent writ application, 2007-2541 (La. App. 1 Cir. 12/28/07) (unpublished) (affirming trial court's denial of defendant chemical transporter's exception of res judicata), writs denied, 2008-0098, 2008-0126 (La. 1/16/08); 973 So. 2d 742, 743 (denying defendants' writ applications) (district court, appellate and Supreme Court brief-writer for successful plaintiffs/respondents).

Simmons v. Orleans Levee Dist., 2007-0665, 2007-0666, 2007-0668 (La. App. 4 Cir. 8/9/07) (Jones, J.) (unpublished) (affirming denial of five defendants' motions for summary judgment on liability, and exceptions of no cause or right of action, in action arising from the drowning of a 12-year-old girl at Pontchartrain Beach in New Orleans, Louisiana, which subsequently settled for $650,000), writs denied, 2007-1808, 2007-1809, 2007-1810, 2007-1811, 2007-1812 (La. 12/7/07); 969 So. 2d 631, 632, 633 (lead trial attorney, district court, appellate and Supreme Court brief-writer for successful plaintiffs/respondents).

Scott v. Am. Tobacco Co., 2004-2095 (La. App. 4 Cir. 2/7/07); 949 So. 2d 1266 (Gorbaty, J.) (affirming in part, amending in part, and reversing in part $690 million judgment for plaintiff class in Louisiana statewide tobacco medical monitoring and smoking cessation class action), reh’g denied, 2004-2095 (La. App. 4 Cir. 3/2/07); 949 So.2d 1266, writs denied, 2007-0654, 2007-0662 (La. 1/7/08); 973 So. 2d 740, cert. denied sub nom. Philip Morris USA, Inc. v. Jackson, 553 U.S. 1094, 128 S.Ct. 2908, 171 L.Ed.2d 842 (2008) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/appellees/respondents).

St. Paul Fire & Marine Ins. Co. v. Loyola Univ., New Orleans, 2005-1323 (La. App. 4 Cir. 1/5/06) (unpublished) (denying insurer's writ application after denial of summary judgment on prescription, in action by university for property damage to dormitory building) (appellate brief-writer for successful plaintiff/respondent).

Scottsdale Ins. Co. v. Elliot, No. 05-2431, 2005 WL 3543939 (E.D. La. Oct. 20, 2005) (Barbier, J.) (dismissing declaratory judgment action by underinsured motorist insurer, against insured who incurred more than $400,000 in medical expenses in head-on vehicular collision, despite alleged rejection of UM insurance by insured) (district court brief-writer for successful defendant).

Albert v. Farm Bureau Ins. Co., 2005-352 (La. App. 3 Cir. 11/2/05); 916 So. 2d 1238 (Saunders, J.) (reversing lower court defense verdict and rendering $175,000 judgment, plus interest, for plaintiff sheriff's deputy who sustained serious knee injuries caused by co-employee), affirmed and amended in part, on other grounds, 2005-2496 (La. 10/17/06); 940 So. 2d 620 (appellate brief-writer for successful plaintiff/appellant/respondent).

Adams v. CSX R.R., 2004-1965 (La. App. 4 Cir. 5/4/05); 904 So. 2d 13 (Bagneris, J.), writ denied, 2005-1495 (La. 2/3/06); 922 So. 2d 1171 (affirming trial plan, limitations on discovery, limitations on jury trial, and use of court-appointed experts in 9,000-member class action arising from chemical release and fire caused by leaking railroad tank car, following classwide liability verdict) (district court, appellate and Supreme Court brief-writer for successful plaintiff class/respondents).

In re New Orleans Train Car Leakage Fire Litig., 2000-1919 (La. App. 4 Cir. 4/20/05); 903 So. 2d 9 (McKay, J.) (affirming trial court's compensatory damages awards to trial plaintiffs in class action arising from chemical release and fire, including a $100,000 general damages award to a single plaintiff for physical pain and suffering, mental anguish, and evacuation/inconvenience), writ denied, 2005-1297 (La. 2/3/06); 922 So. 2d 1171 (denying defendants' writ application) (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/appellees).

Scott v. Am. Tobacco Co., 2004-1947 (La. 7/30/04); 877 So. 2d 997 (denying defendants’ writ and request for stay regarding recusal of judge and special master, juror interviews, juror depositions, and trial court's evidentiary hearing into alleged juror misconduct) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2004-1170 (La. 5/14/04); 874 So. 2d 157 (denying defendants’ writ application from denial of defendants’ motion for stay of class action trial and motion for mistrial regarding excused juror) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2004-0008 (La. 2/13/04); 867 So. 2d 691 (denying defendants' writ application regarding entry of trial order in statewide tobacco class action) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Bodenheimer v. New Orleans Pub. Belt, 2002-0441 (La. App. 4 Cir. 5/14/03); 845 So. 2d 1279 (Bagneris, J.), aff'd, as modified in part, 2003-1855 (La. 11/14/03); 860 So. 2d 534 (per curiam) (affirming $422,000 judgment for plaintiff railroad worker, who sustained torn rotator cuff and other shoulder injuries, in FELA action) (appellate and Supreme Court brief-writer for successful plaintiff/appellee/respondent).

Davis v. Am. Home Prods. Corp., 2002-0942 (La. App. 4 Cir. 3/26/03); 844 So. 2d 242 (Byrnes, C.J.), writ denied, 2003-1180 (La. 6/27/03); 847 So. 2d 1279 (affirming certification of state-wide class action, for approximately 20,000 classmembers, in products liability action against Norplant contraceptive device manufacturer).

Scott v. Am. Tobacco Co., 2003-0822 (La. 3/25/03); 840 So. 2d 554 (denying defendants' writ application regarding admissibility of trial evidence videotape, in tobacco class action trial) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Bruns v. Roselle Homes, Inc., 2002-1264 (La. App. 5 Cir. 3/13/03) (unpublished), writ denied, 2003-1053 (La. 6/6/03); 845 So. 2d 1092 (affirming denial of defendant insurer's exception of vagueness, exception of no right of action relating to "known loss" policy exclusions, exception of no right of action as to La. R.S. 9:2798.1 discretionary act immunity, exception of prescription, and exception of peremption for public works under La. R.S. 9:5624, in suit by 45 homeowners and businesses for property damages caused by City's negligent approval of subdivision plans and Parish's negligent maintenance of drainage canal in Jefferson Parish, Louisiana) (district court, appellate and Supreme Court brief-writer for successful plaintiffs/respondents).

Scott v. Am. Tobacco Co., 2003-0033 (La. 1/6/03); 834 So. 2d 426 (denying defendants' writ application from denial of second motion for decertification of statewide tobacco class action) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2003-0025 (La. 1/3/03); 834 So. 2d 425 (denying defendants' writ application regarding tobacco class action trial order) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Williams v. City of New Orleans, 2002-1127 (La. 12/4/02); 831 So. 2d 947 (Johnson, J.) (affirming order denying defendants' motion to disqualify plaintiffs' counsel in FELA action) (appellate and Supreme Court brief-writer, and lead plaintiffs' counsel on oral argument before Louisiana Supreme Court for successful plaintiff/respondent).

Scott v. Am. Tobacco Co., 2002-2449 c/w 2002-2452 (La. 11/15/02); 830 So. 2d 294 (Kimball, J.), reh'g denied, 2002-2449 c/w 2002-2452 (La. 12/4/02); 830 So. 2d 294 (affirming trial plan in class action against tobacco manufacturers) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2002-2582 (La. 10/23/02); 827 So. 2d 1149 (denying defendants' second writ seeking removal of special master in tobacco class action) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2002-2452 (La. 10/23/02); 827 So. 2d 1149 (granting writ regarding trial plan/fundamental trial issues in tobacco class action) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2002-2449 (La. 10/23/02); 827 So. 2d 1148 (granting plaintiffs’ comparative fault writ in tobacco class action) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2002-2400 (La. 9/23/02); 825 So. 2d 1182 (denying defendants’ third writ applicaton regarding voir dire and jury selection in class action trial) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2002-1845 (La. 7/12/02); 820 So. 2d 567 (denying defendants' writ application regarding denial of exception of no cause of action and Civil Code art. 2315) (district court, appellate and Supreme Court co-brief-writer, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2002-0770 (La. 3/28/02); 814 So. 2d 544 (per curiam) (granting writ application regarding voir dire and jury selection in class action trial), reh’g denied, 2002-0770 (La. 5/3/02), 815 So. 2d 91 (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2001-2498 (La. 9/25/01); 795 So. 2d 1176 (per curiam) (granting writ application regarding voir dire and jury selection in class action trial) (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2001-1770 (La. 6/20/01); 793 So. 2d 1255 (denying defendants’ first writ application seeking removal of of special master in class action trial) (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2001-1640 (La. 6/14/01); 793 So. 2d 204 (denying defendants’ application for supervisory writ regarding denial of motion to vacate class action trial order) (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/respondents).

In re New Orleans Train Car Leakage Fire Litig., 2000-0479 (La. App. 4 Cir. 6/27/01); 795 So. 2d 364 (Armstrong, J.), reh’g denied, 2000-0479 (La. App. 4 Cir. 8/1/01); 794 So. 2d 954, 955, 956, writs dismissed as moot, 2001-2038, 2001-2485 (La. 9/5/02); ___ So. 2d ___, writs denied, 2001-2493, 2001-2492 (La. 10/14/02); 827 So. 2d 411, reconsideration not considered, 2001-2492 (La. 11/22/02); 829 So. 2d 1046, cert. denied sub nom. Nova Chemicals, Inc. v. Adams, 538 U.S. 944, 123 S. Ct. 1623, 155 L. Ed. 2d 484 (2003) (affirming $850 million punitive damage award against CSX Transportation, Inc., plus post-judgment interest, and affirming class wide liability judgments against AMF-BRD, Inc. and Nova Chemical, Inc., in 10,000-member class action arising from release of chemical butadiene) (district court, appellate and Supreme Court brief-writer for successful plaintiff class/appellees/respondents).

Lemaire v. Ciba-Geigy Corp., 1999-1809 (La. App. 1 Cir. 6/22/01); 793 So. 2d 336 (Pettigrew, J.), writ denied, 2001-2153 (La. 11/16/01), 802 So. 2d 608 (affirming $428,000 judgment against chemical manufacturer, plus prejudgment interest, for plaintiff exposed to Atrazine chemical herbicide).

Scott v. Am. Tobacco Co., 2001-1107 (La. 5/11/01); 792 So. 2d 740 (denying defendants’ writs seeking decertification of tobacco class action) (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/respondents).

Scott v. Am. Tobacco Co., 2000-3530 (La. 2/16/01); 786 So. 2d 103 (denying defendants’ writ regarding denial of motion for summary judgment on prescription, in class action filed 32 years after enactment of cigarette package warnings) (district court, appellate and Supreme Court co-brief-writer for successful plaintiff class/respondents).

In re New Orleans Train Car Leakage Fire Litig., 99-1857 (La. 6/25/99); 745 So. 2d 621 (per curiam) (granting plaintiffs’ emergency writ in midst of trial, and granting plaintiffs' motion to call defendants' consulting expert as a witness at trial) (appellate and Supreme Court brief-writer for successful plaintiff class/applicants).

Scott v. Am. Tobacco Co., 98-0452 (La. App. 4 Cir. 11/4/98); 725 So. 2d 10 (Byrnes, J.), reh'g denied, 98-0452 (La. App. 4 Cir. 3/1/99); 725 So. 2d 10, writ denied, 98-3016 (La. 2/26/99); 731 So.2d 189 (affirming certification of medical monitoring and smoking cessation class action against tobacco manufacturers).

In re Gas Water Heater Prods. Liab. Litig., 1997-2028 (La. 4/14/98); 711 So. 2d 264 (Traylor, J.) (resolving procedural issue in class action involving defective gas water heaters).

Castano v. Am. Tobacco Co., 961 F. Supp. 953 (E.D. La. 1997) (Berrigan, J.) (denying summary judgment in class action against tobacco manufacturers).

Caro v. Bradford White Corp., 96-120 (La. App. 5 Cir. 7/30/96); 678 So. 2d 615 (Bowes, J.) (reversing judgment granting exception of prescription filed by defendant water heater manufacturer in product liability action, and reinstating action for severe burn injuries filed nine years after accident) (appellate brief-writer for successful plaintiffs/appellants).

Castano v. Am. Tobacco Co., 896 F. Supp. 590 (E.D. La. 1995) (Jones, J.) (denying defendants’ objection to magistrate’s document and privilege log rulings in class action against tobacco manufacturers).

Castano v. Am. Tobacco Co., 889 F. Supp. 904 (E.D. La. 1995) (Jones, J.) (modifying discovery stay order in class action against tobacco manufacturers).

Castano v. Am. Tobacco Co., 160 F.R.D. 544 (E.D. La. 1995) (Jones, J.) (certifying nationwide class action against tobacco manufacturers), rev'd, 84 F.3d 734, 737 (5th Cir. 1996).

Castano v. Am. Tobacco Co., 870 F. Supp. 1425 (E.D. La. 1995) (denying motions to dismiss based on prescription and preemption in class action against tobacco manufacturers).

Hurst v. Drusilla Seafood of Hammond, 616 So. 2d 749 (La. App. 1 Cir. 1993) (Edwards, J.), writ denied, 623 So. 2d 1337 (La. 1993) (affirming judgment for plaintiff and worker’s compensation insurer in products liability action) (trial attorney, district court, appellate and Supreme Court brief-writer for successful intervenor/appellee).

Magee v. Coats, 598 So. 2d 531 (La. App. 1 Cir. 1992) (Covington, C.J.) (affirming defense verdict in wrongful death action arising from automobile accident) (trial defense attorney and district court and appellate brief-writer for successful defendant/appellee).

McElreath v. Progressive Ins. Co., 595 So. 2d 693 (La. App. 5 Cir. 1992) (Kliebert, C.J.) (reversing summary judgment for product manufacturer in wrongful death action, based on uncrashworthiness of automobile) (appellate brief-writer for successful plaintiff/appellant).

McKenzie v. Peters, 586 So. 2d 521 (La. 1991) (per curiam), on remand, 593 So. 2d 809 (La. App. 4 Cir. 1992) (Ward, J.) (affirming dismissal of insurer in personal injury action) (trial defense attorney and appellate brief-writer for successful defendant/appellee).

Billiot v. Buck, No. 90-0013, 581 So.2d 771 (La. App. 1 Cir. Mar. 28, 1991) (Savoie, J.) (unpublished decision), writ denied, 580 So.2d 924 (La. 1991) (affirming defense verdict after trial in suit against bar owners by customer who was severely beaten by another customer) (trial defense attorney, appellate brief-writer, and Supreme Court brief-writer for successful defendants/appellees/respondents).