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Reported Decisions Bruce C. Dean--selected decisions: - Scio v. University Med. Ctr. Mgmt. Corp., 2019-1319 (La. 10/21/19);
___ So. 3d ___, 2019 WL 5437074 (per curiam) (in an action by breast cancer patient against medical center, the Supreme
Court held that medical center's negligence in failing to notify patient of positive diagnostic tests and the need for follow
up was "administrative negligence" and patient was not required to submit her claim to a medical review panel, and
the Supreme Court reversed the lower courts' dismissal of the patient's lawsuit) (brief-writer in Louisiana Supreme
Court for successful plaintiff/relator).
- Rismiller v. Gemini Ins. Co.,
2018-2089 (La. 2/18/19); 263 So. 3d 1145 (per curiam) (in a wrongful death and survival action arising from a motor vehicle
accident which killed plaintiff's biological father and half-siblings, the Louisiana Supreme Court granted plaintiff's writ
application reinstated plaintiff's wrongful death and survival actions, even though the plaintiff had been given up for adoption
by his biological father) (co-brief-writer in Louisiana Supreme Court for
successful plaintiffs/relators).
- Warren
v. Shelter Mut. Ins. Co., 2016-1647 (La. 10/19/17); 233 So. 3d 568 (Guidry, J.) (in a wrongful death
and survival action by the father of a young man killed in a boat accident, filed against the boat steering system manufacturer,
the Louisiana Supreme Court awarded $4.25 million in punitive damages under the general maritime law, which was 34 times the
compensatory damages award of $125,000) (co-brief-writer in Louisiana Supreme Court for
successful plaintiff/respondent).
- Hale v. Wood Group PSN, Inc., 769 Fed. Appx. 113 (5th Cir. 2019) (Dennis, Clement and Owen, J.J.) (per curiam) (in an action arising
from an offshore accident involving a worker who fell while being transferred to a rig, the court of appeal: (1) affirmed
the jury’s award of $3.2 million, including $2.25 million in general damages to worker who underwent two past spinal
surgeries; (2) held that it was proper to consider inflation when considering older awards to determine whether the award
was excessive; and (3) affirmed the district court’s exclusion of evidence that plaintiff tested positive for opioids
and amphetamines immediately after the accident, and that plaintiff was in possession of opioids and amphetamines in violation
of defendants’ workplace, environmental and safety rules) (brief-writer
in U.S. 5th Circuit Court of Appeals for successful plaintiff/appellee).
- Maniscalco v. Ralph Brennan
Restaurant Group, LLC, No. 16-1264, Civil District
Court for the Parish of Orleans (Order, Oct. 10, 2019) (Bruno, J.) (in alleged "low-impact" motor vehicle collision,
the district court granted Plaintiffs' motion in limine to exclude defendants' expert biomechanical/biomedical engineer, Calum
McRae, that the allegedly minimal impact could not have caused Plaintiff's injuries) (brief-writer in the Louisiana district court for successful plaintiff/respondent).
- Brooks v. Meaux, 2019-1135 (La. 10/8/19); ___ So. 3d ___, 2019 WL 5390695 (in a medical malpractice action
arising from the death of a pregnant mother, the Louisiana Supreme Court denied the defendant obstetrician's writ application,
after the court of appeal held that the plaintiff's wrongful death and survival actions were timely filed within one year
of the discovery that his wife's death was caused by a pregnancy-related heart condition, rather than the date of her death)
(brief-writer in Louisiana Supreme Court for successful plaintiff/respondent).
- Hardin v. Parish of St. Tammany, 2019-1133 (La. 10/8/19); ___ So. 3d ___, 2019 WL 5390730 (in a personal
injury action by a bicyclist who became paraplegic after striking a metal "bollard" or post in the middle of a bicycle
path on the Tammany Trace, the Louisiana Supreme Court denied the plaintiffs' writ application, after the court of appeal
dismissed the plaintiff's claims against the defendant Parish, holding that the hazard was "open and obvious" and
the Parish was entitled to Recreational Use Immunity, under La. R.S. 9:2791 and La. R.S. 9:2795) (brief-writer in Louisiana Supreme Court for successful defendant/respondent).
- Rismiller v. Gemini Ins. Co.
et al., No. 49,686 c/w 49,751 c/w 49,832, 7th J.D.C. for the Parish of Concordia (Reeves, J.) (Judgment Sept.
14, 2019) (in a wrongful death and survival action arising from a motor vehicle accident, the trial court declared La. Civ.
Code arts. 2315.1, 2315.2 and 199 unconstitutional insofar as they barred the wrongful death and survival action claims by
children given up in adoption for the death of their father and half-siblings) (brief-writer in Louisiana
district court for successful plaintiffs).
- Banks v. Travelers Indemnity Co., No. 2017-7843, Civil District Court for the Parish of Orleans (Griffin,
J.) (Order Sept. 13, 2019) (in action arising from motor vehicle accident, the trial court denied an exception of prescription
by the defendant manufacturer of an allegedly defective electric drivetrain system, even though the plaintiff did not sue
the manufacturer until two years and nine months after the accident) (brief-writer in Louisiana district court for successful plaintiff).
- Feingerts v. La. Citizens Prop. Ins. Co., 19-436 (La. 9/6/19); 278 So. 3d 364 (in a first party lawsuit
against the plaintiff's homeowner's insurer, following Hurricane Katrina, the Louisiana Supreme Court denied the insurer's
application for supervisory writs, even though the court of appeal: (1) reversed the trial court's denial of bad faith penalties
and sanctions for late payments of additional living expenses and property damage claims; and (2) raised the trial court's
award of property damages from $45,000 to the $100,000 policy limits) (brief-writer in Louisiana Supreme Court for successful plaintiff/respondent).
- Willis v. Berkley Assurance Co., 2019-0628
(La. App. 4 Cir. 8/14/19) (unreported) (Brown, Ledet & Atkins, J.J.) (in an action to nullify a purported rejection of
uninsured/underinsured motorist coverage seeking $1 million UM policy limits after the UM insurer tendered its minimal limits,
the court of appeal denied the defendant UM insurer's writ application from the trial court's denial of the insurer's exception
of res judicata and exception of lis pendens) (consultant
in Louisiana district court and Louisiana Fourth Circuit Court of Appeal to successful plaintiff/respondent).
- Jackson v. Greenwich Ins. Co., 2019-0377 (La. App. 4 Cir. 7/31/19);
___ So. 3d ___, 2019 WL 3471177 (Jenkins, J., McKay, C.J. and Dysart, J.) (in a personal injury action arising from a motor
vehicle accident in Jefferson Parish which was filed in Orleans Parish, Louisiana, the court of appeal granted Plaintiff's
writ application, reversed the trial court's judgment granting the exception of improper venue filed by Plaintiff's uninsured/underinsured
motorist insurer, and reversed the trial court's judgment transferring the action to Jefferson Parish, Louisiana, where there
was no evidence in the record of Plaintiff's bad faith in filing suit in Orleans Parish) (brief-writer
in the Louisiana Fourth Circuit Court of Appeal for successful plaintiff/relator).
- Alsoufi
v. Kamboj, No. 17-13427, 2019 WL 3526710 (E.D. La. June 21, 2019) (Van Meerveld, M.J.) (R. Doc. 60) (in
a medical malpractice action arising from the defendants’ failure to diagnose and treat an infant’s brain tumor,
the court granted plaintiff’s motion to enforce settlement agreement, impose sanctions, and assess attorneys’
fees against defendant who attempted to back out of settlement) (consultant in Louisiana district court to successful
plaintiff/mover).
- Hardin
v. Parish of St. Tammany, 2019-0021 (La. App. 1 Cir. 6/14/19);
2019 WL 2502303 (unpublished) (Guidry, Theriot & Penzato, J.J.) (in a personal injury action by a bicyclist who became
paraplegic after striking a metal "bollard" or post in the middle of a bicycle path on the Tammany Trace, the court
of appeal granted supervisory writs, and dismissed the plaintiff's claims against the defendant Parish, holding that the hazard
was "open and obvious" and the Parish was entitled to Recreational Use Immunity, under La. R.S. 9:2791 and La. R.S.
9:2795) (brief-writer in Louisiana First Circuit Court of Appeal for successful
defendant/relator).
- Brooks
v. Meaux, 18-980 (La. App. 3 Cir. 6/12/19); 275 So. 3d 41 (Conery, J., Thibodeaux, C.J. & Gremillion,
J.) (in a medical malpractice action arising from the death of a pregnant mother, the court of appeal reversed the trial court's
dismissal of the husband's wrongful death and survival actions on defendant's exception of prescription, and held that prescription
did not begin to run until more than two months after the mother's death, when the husband first learned that the cause of
the mother's death by peripartum cardiomyopathy was related to her pregnancy) (brief-writer in Louisiana Third
Circuit Court of Appeal for successful plaintiff/appellant).
- Saacks v. Keenan,
No. 119-703, 34th J.D.C. for the Parish of St. Bernard (Jones, J.) (Judgment May 23, 2019) (in a bad faith action for penalties
and attorneys' fees against plaintiff's uninsured/underinsured motorist (UM) insurer, the trial court denied the UM insurer's
exception of prescription as to plaintiff's bad faith claims brought several years after the accident, and held that the 10-year
prescription for contracts applies to bad faith claims rather than one-year prescription for delictual actions) (brief-writer
for successful plaintiff).
- In re Deepwater Horizon, 922 F.3d 660 (5th Cir.
2019) (Duncan, Elrod & Willett, J.J.) (in action by 17 plaintiffs injured by exposure to spilled oil and chemicals following
the Deepwater Horizon oil spill, the court of appeal reversed the dismissal of plaintiffs' lawsuits for failure
to comply with the district court's order to file individual lawsuits, finding that plaintiffs did not engage in delay or
contumacious conduct sufficient to support dismissal with prejudice) (consultant to the successful plaintiffs/appellants
in U.S. 5th Circuit Court of Appeal).
- Saldana v. LaRue Trucking, LLC,
52,589 (La. App. 2 Cir. 4/10/19); 268 So. 3d 430 (Garrett,
Pitman & Stone, J.J.) (in a personal injury action arising from plaintiff's collision with a turning timber truck with
no working brake lights or turn signals, the court of appeal reversed the trial court’s summary judgment in favor of
the defendant timber company and its insurer, finding that the defendant timber company had voluntarily assumed the duty to
warn of the dangers of turning timber trucks) (brief-writer
in Louisiana Second Circuit Court of Appeal for successful plaintiff/appellant).
- Feingerts v. La.
Citizens Prop. Ins. Co., 2018-0381 (La. App. 4 Cir. 2/13/19);
265 So. 3d 62 (McKay, C.J., Dysart, J. & Bartholomew-Woods, J.) (in a first party lawsuit against the plaintiff's homeowner's
insurer, following Hurricane Katrina, the court of appeal: (1) reversed the trial court's denial of bad faith penalties and
attorneys' fees against the insurer for late payment of plaintiff's additional living expense and property damages claims;
and (2) raised the trial court's award of $45,000 for property damage to the $100,000 policy limits) (brief-writer in Louisiana Fourth Circuit Court of Appeal for successful plaintiff/appellant).
- Hale v. Wood Grp. PSN, Inc., No. CV 6:15-1803, 2018 WL 4609453 (W.D. La. Sept. 25, 2018)
(Whitehurst, M.J.) (in a maritime personal injury action by an offshore worker who suffered spinal disc injuries after falling
from a basket during a transfer from a vessel to a drilling rig, the district court affirmed a $3,238,662 jury verdict to
the injured worker, and denied defendants' motion for new trial or remittitur) (consultant in Louisiana federal
district court for successful plaintiff).
- Despaux v. RSC Equip. Rental, Inc., 2018-1009 (La. 10/8/18); 252 So. 3d 794 (in a personal injury action by a construction
worker who suffered severe head and spinal injuries when a defective light tower fell on his head, the Louisiana Supreme Court
denied the writ application by the defendant manufacturer of the defective industrial light tower, following a $2.1 million
judgment for the injured worker) (brief-writer
in Louisiana Supreme Court for successful plaintiff/respondent).
- Wheeler v. United States Fire Ins. Co., No. 666,981, Sect. 27, 19th J.D.C.
for the Parish of E. Baton Rouge (Hernandez, J.) (Order Aug. 27, 2018) (in a wrongful death and survival action by the family
of a woman killed after being struck by a tractor-trailer, the district court denied the defendant employer's motion for summary
judgment seeking to dismiss plaintiff's direct negligence claims against the defendant/employer, after the defendant/employer
stipulated that the defendant employee was in the course and scope of employment) (brief-writer
in Louisiana state district court for successful plaintiff).
- Banks v.
Wal-Mart, Inc., No. 3:18-cv-0749, 2018 WL 4001289 (W.D. La. Aug. 6, 2018) (Hayes, M.J.) (R. Doc. 20) (remanding
slip and fall action against store and store employee to state court, and rejecting defendant's argument that employee was
improperly joined to defeat diversity jurisdiction, even though employee denied knowledge of the hazard and claimed she was
not responsible for cleanups), report and recommendation adopted, No. 3:18-cv-0749, 2018 WL 3999720 (W.D. La. Aug.
21, 2018) (Doughty, J.) (brief-writer in Louisiana federal district court for successful plaintiff).
- Hookfin v. Moran Foods, LLC, No. 18-544, 2018 WL 3725768 (E.D. La. Aug. 3, 2018) (Brown, C.J.) (R. Doc. 40)
(remanding slip and fall action against store owner, parking lot lessee, and "John Doe" store employee to state
court, and rejecting defendants' argument that store owner and store manager were improperly joined to defeat diversity jurisdiction,
even though lessee accepted responsibility under the lease to maintain the parking lot) (consultant in Louisiana
federal district court to successful plaintiff).
- Dufour v. Schumacher Group of La., Inc.,
18-20 (La. App. 3 Cir. 8/1/18); 252 So. 3d 1023 (Kyzar, Cooks & Keaty, J.J.), writ denied, 2018-1456 (La. 11/20/18);
256 So. 3d 991 (in a medical malpractice against against hospital which failed to properly diagnose plaintiff's ectopic
(tubal) pregnancy, the court of appeal reversed the trial court's summary judgment for the defendant hospital, where the medical
records relied on by the Medical Review Panel contained discrepancies and inaccuracies; the court of appeal also held that
the trial court erred in striking plaintiffs' supplemental opposition memorandum and supplemental expert affidavits as untimely)
(brief-writer in Louisiana Third Circuit Court of Appeal for successful plaintiffs/appellants).
- Rivera v. Fountain Lakes Associates LP, No. 5:16-cv-01590 (W.D. La. July 24, 2018) (R.
Doc. 51) (Hornsby, M.J.) (in a personal injury action against an apartment complex, by a woman who was severely injured when
a stair step collapsed, the district court granted plaintiff's motion to compel discovery and motion for sanctions; the district
court ordered defendants to provide supplemental discovery responses and supplemental depositions of their employees regarding
prior and subsequent accidents, overruled the defendants' objections regarding subsequent remedial measures, and held that
"Defendant cannot avoid its obligation to supplement its discovery, including its answers to interrogatories, by citing
deposition testimony that touches on the same subject matter") (brief-writer in Louisiana federal district
court for successful plaintiff).
- Doyle
v. Lonesome Dev., Ltd. Liab. Co., 2017-0787 (La.App. 1 Cir. 7/18/18); 254 So. 3d 714 (in a
personal injury action by the parents of an 8-year-old boy severely injured when a rotten tree fell on him, the court of appeal
reversed the trial court's summary judgment for the defendant subdivision property owners' association; the court of appeal
held that summary judgment was inappropriate on plaintiff's allegations of breach of contractual duties, even though the association
was entitled to recreational use immunity under La. R.S. 9:2791 and 9:2795) (appellate consultant in Louisiana
First Circuit Court of Appeal to successful plaintiffs/respondents).
- Cooley
v. Adgate, 52,000 (La. App. 2 Cir. 5/30/18); 248 So. 3d 753 (Williams, Moore & McCallum, J.J.) (in
a personal injury action alleging that plaintiff was injured when her vehicle was rear-ended by a sheriff's deputy, the court
of appeal reversed the trial court's denial of future medical expenses and awarded $269,129 in future medical expenses for
annual radiofrequency ablation / rhizotomy procedures for the rest of plaintiff’s remaining 35-year life expectancy)
(brief-writer in Louisiana Second Circuit Court of Appeal for successful plaintiff/appellant).
- Despaux v. RSC Equip. Rental, Inc.,
2017-0765 (La. App. 4 Cir. 4/25/18); 246 So. 3d 806 (Belsome, Ledet & Chase, J.J.) (in a personal injury action by
a construction worker who suffered severe head and spinal injuries after an industrial light tower fell on him, the court
of appeal affirmed a jury verdict against the manufacturer of the light tower, with total damages of $2.1 million; the court
of appeal found that the light tower was defective in design or construction, even though the jury determined that the product's
warnings were adequate), writ denied, 2018-1009 (La. 10/8/18); 252 So. 3d 794 (appellate
brief-writer in Louisiana Fourth Circuit Court of Appeal for successful plaintiff/appellee on appeal and rehearing).
- Zavala
v. Dover Contr. USA, LLC, 2017-0001 (La. App. 1 Cir. 4/11/18); 249 So. 3d 24 (Theriot, McClendon &
Welch, J.J.) (affirming a default judgment in a workers' compensation action against the employer for workers’ compensation
benefits, penalties, attorneys’ fees, and costs) (brief-writer on
rehearing in Louisiana First Circuit Court of Appeal for successful plaintiff/appellee).
- 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 in Louisiana Supreme Court 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.) (in a workers' compensation action, the court of appeal affirmed
the trial court's award of $5,000 attorneys' fees against the defense attorney as a 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 the defendant's claims
adjuster, and for filing a meritless motion to quash and motion for protective order) (appellate brief-writer
in Louisiana Fourth Circuit Court of Appeal for successful plaintiff-respondent).
- Doyle v. Lonesome
Development, LLC, 2017-0748 (La. App. 1 Cir. 10/2/17); 2017 WL 4350906 (unpublished)
(Higginbotham, Holdridge & Penzato, J.J.) (Penzato, J., dissenting) (in a case involving severe injuries to an 8-year-old
boy struck by a falling rotten tree in a subdivision, while playing soccer, the court of appeal denied a writ application
by the subdivision developer and its insurer from the 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 in Louisiana First Circuit Court of Appeal 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) (brief-writer in Louisiana state district court 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.) (in action by parents of child
severely injured by a falling tree while playing soccer, the court of appeal denied the 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) (appellate consultant and co-brief-writer in Louisiana First Circuit Court
of Appeal for successful plaintiffs/respondents).
- Doyle v. Lonesome Develop., LLC, 2017-0330 (La. App. 1 Cir. 5/18/17); 2017 WL 2189828 (unpublished) (Higginbotham,
Theriot & Chutz, J.J.) (in action by parents of child severely injured by a falling tree while playing soccer, the court
of appeal refused to consider property developer's writ application, from the denial of its motion for summary judgment asserting
recreational use immunity under La. R.S. 9:2791 and La. R.S. 9:2795, for failure to comply with the uniform appellate rules)
(appellate consultant and co-brief-writer in Louisiana First Circuit Court of Appeal 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 (brief-writer in Louisiana
state district court 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 in Louisiana Fourth Circuit Court of Appeal 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) (brief-writer in Louisiana Third Circuit Court of Appeal 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 in Louisiana Fifth Circuit Court of 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) (co-brief-writer in Louisiana Third Circuit Court of Appeal 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 Louisiana Fourth Circuit 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) (brief-writer in Louisiana First Circuit Court of Appeal 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) (brief-writer
in Louisiana Fourth Circuit Court of Appeal 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) (brief-writer in Louisiana First Circuit Court of Appeal for successful defendants/appellants).
- Evans v. ANCO Insulations, Inc., No. 108481, Div. D, 23rd 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) (brief-writer in Louisiana state district court 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) (brief-writer in Louisiana First Circuit Court of Appeal 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
in United States Supreme Court 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 in Louisiana Fourth Circuit Court of Appeal and Louisiana Supreme Court for successful
plaintiffs/appellees/respondents).
- 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) (brief-writer in Louisiana
Third Circuit Court of Appeal 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) (brief-writer in Louisiana Supreme Court for successful plaintiffs/relators).
- 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 in Louisiana federal district court 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) (brief-writer in Louisiana Third Circuit Court
of Appeal 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) (brief-writer in Louisiana First Circuit Court of Appeal 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 in Louisiana Supreme Court 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 in Louisiana Supreme Court 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) (brief-writer in Louisiana First Circuit Court of Appeal
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) (brief-writer
in Louisiana Fourth Circuit Court of Appeal 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) (brief-writer in
Louisiana Fourth Circuit Court of Appeal 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) (brief-writer, and lead counsel for oral
argument before Louisiana Fifth Circuit 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).
- Banks v. Parish of Jefferson,
2008-0027 (La. App. 5 Cir. 6/19/08); 990 So. 2d 26 (Wicker, J.) (reversing summary judgment for the defendant Parish,
based on the homeland security immunity of La. R.S. 29:735, in suit by homeowners for damage to their homes from levee construction),
writ denied, 2008-1625 (La. 10/24/08); 992 So. 2d 1043 (denying defendants' writ application) (appellate
and Supreme Court brief-writer, and lead counsel for oral argument before Court of Appeal, for successful plaintiffs/appellants/respondents).
- Gray v. Am. Nat'l Prop. & Cas. Co.,
2007-1670 (La. 2/26/08); 977 So. 2d 839 (Calogero, J.) (affirming lower courts' summary judgment in favor of injured plaintiff
that defendant uninsured/underinsured motorist (UM) insurer provided $1 million in UM coverage, and that selection of lower
($100,000) limits by insured was invalid, where UM selection form was initialed and signed in blank by a representative of
the insured and subsequently completed and backdated by an insurance agency employee) (Supreme Court co-briefwriter
for successful amicus curiae in support of 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).
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