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Reported/Unreported Decisions
Significant successful brief writing and appellate consulting work by Bruce Dean in the Louisiana state and federal district courts, the Louisiana courts of appeal, the United States Fifth Circuit Court of Appeals, the Louisiana Supreme Court, and the United States Supreme Court:
2024: Pickard v. Amazon.com, 2023-01596 (La. 6/28/24), 387 So.3d 515 (Crain, J.) (in a wrongful death case in which a defective Chinese battery charger purchased from Amazon caused a house fire, the Louisiana Supreme Court held that: (1) Amazon could be held liable as a manufacturer-seller; and (2) Amazon could be held liable for breach of its voluntary safety standards) (amicus curiae brief writer in support of the successful plaintiffs).
Ardoin v. Offshore Energy Services, LLC, No. 2:22-cv-02379 (W.D. La. Sept. 12, 2024) (Cain, J.) (R. Doc. 76, 77, 79, 80) (in a maritime personal injury action arising from a failed personnel basket transfer from a vessel to an offshore drilling platform, the federal district court denied the defendants' Daubert motions in limine to exclude plaintiff's maritime safety experts, life care planner, and economist) (brief writer for the successful plaintiff). Robinson v. Pelican Waste & Debris, LLC, 2023-0943 (La. App. 1 Cir. 9/3/24), ___ So.3d ___, 2024 WL 4023665 (McClendon, Hester and Miller, J.J.) (in a personal injury action following an alleged "low impact" motor vehicle accident, in which the plaintiff's vehicle was struck by a dump truck, the court of appeal: (1) affirmed the admission of testimony by plaintiff's expert in crash biomechanics, occupant kinematics, and chiropractic care, Dr. David Barczyk; and (2) affirmed the jury's award of future medical expenses and lost wages related to lumbar fusion surgery even though the plaintiff testified that he was afraid of surgery) (brief writer in the court of appeal for the successful plaintiff).
Boyance v. United Fire & Cas. Co., 2023-442 (La. App. 3 Cir. 4/17/24), 387 So.3d 586 (Pickett, Perret and Wilson, J.J.) (affirming, as not excessive, $1,520,000 general damages award in personal injury action, by 16th JDC for the Parish of St. Martin jury, to 23 year old woman at the time of the motor vehicle accident who sustained: (1) injury to one lumbar disc (bulging disc at L5-S1) which resulted in past facet injections, one past surgery at L5-S1 (laminectomy and foraminotomy) and no future surgeries; (2) post-traumatic stress disorder; and (3) a four-to-five-inch keloid scar on her lower back), writ denied, 2024-00632 (La. 9/24/24), ___ So.3d ___ (brief writer in the court of appeal for the successful plaintiff/appellee, and brief writer in the Louisiana Supreme Court for the successful plaintiff/respondent).
Rome v. Academy Sports and Outdoors, Inc., No. 2:22-cv-00583 (E.D. La. Mar. 27, 2024) (R. Doc. 169) (Papillion, J.) (in a personal injury action arising from falling merchandise in a sporting goods store, the federal district court permitted plaintiff's former attorney to intervene for attorneys' fees and costs, after proving the court had supplemental jurisdiction over the intervention) (brief writer for the successful former plaintiff's attorney).
Esco v. Tena, No. 2024-0022 (La. App. 1 Cir. 3/22/24), 2024 WL 1230163 (McClendon, Hester and Miller, J.J.) (in a personal injury action against a tractor-trailer driver and his employer, the court of appeal refused to review the district court's judgment denying the defendants’ exception of prescription, where the plaintiffs' state court petition was filed 16 months after the crash) (brief writer in the court of appeal for the successful plaintiffs).
Levine v. Nationwide Agribusiness Ins. Co., 2023-488 (La. App. 3 Cir. 3/6/24), 381 So.3d 908 (Fitzgerald, J., Pickett, C.J. and Stiles, J.), writ denied 2024-426 (La. 6/19/24), 386 So.3d 310 (in a personal injury action against a box truck driver and his employer, the court of appeal affirmed a $3,231,942 general damages jury award to a man who required one past lumbar fusion surgery, the implantation of a spinal cord stimulator, and one future cervical fusion surgery) (appellate consultant to the successful plaintiff/appellee).
Boyd v. Jewell Trucking, LLC, No. 1:23-cv-01572 (W.D. La. Feb. 26, 2024) (Drell, J.) (R. Doc. 17) (remanding personal injury action case to 12th JDC for the Parish of Avoyelles, in which the defendant improperly removed the case to federal court more than 30 days after receiving notice that plaintiff was scheduled for two-level spinal lumbar surgery) (brief writer for the successful plaintiffs).
2023:
Shanley v. Bryant, 2022-01785, 2022-01787 (La. 2/14/23), 354 So.3d 1221, 1235 (per curiam) (in a medical malpractice wrongful death action by a child, for failure to diagnose her mother's meningitis, the Louisiana Supreme Court reversed in part the court of appeal's dismissal of the action as prescribed, and remanded the case to consider the plaintiff's constitutional challenge to La. Civil Code Article 3472.1 and La. R.S. 9:5829, the limited suspension of prescription due to the COVID-19 public health emergency) (brief writer for the successful plaintiff/relator).
Van Winkle v. Rogers, 82 F.4th 370 (5th Cir. 2023) (Southwick, Davis & Oldham, J.J.) (in a personal injury action against the manufacturer of a refurbished retread tire which separated and struck plaintiff’s vehicle, the court of appeal reversed the district court’s summary judgment on liability for the defendant, and held that there was sufficient circumstantial evidence that the defendant destroyed the tire in bad faith six weeks after the crash under the “spoliation of evidence” standard) (brief writer in the federal court of appeal for the successful plaintiff/appellant).
Henry v. Citron, 2023-644 (La. App. 3 Cir. 10/20/23) (Gremillion, Savoie & Ortego, J.J.) (in a personal injury bad faith action against plaintiff's UM insurer, after an underinsured intoxicated driver rear-ended the plaintiff, the court of appeal affirmed the trial court's order requiring plaintiff's UM insurer to produce its loss reserves) (brief writer in Louisiana appellate court for the successful plaintiff/respondent).
Thibodeaux v. Shoppers Value Foods, 2022-745 (La. App. 3 Cir. 8/16/23), 370 So.3d 177 (Savoie, Kyzar & Thierry, J.J.), writ denied, 2023-01271 (La. 11/21/23), 373 So.3d 458 (in a slip-and-fall personal injury action against a grocery store and store manager, the court of appeal reversed the trial court's summary judgment on liability, and held that there were genuine issues of material fact as to the grocery store’s liability for failing to warn of water leaking from an ice cooler) (brief writer in Louisiana appellate court and Louisiana Supreme Court for the successful plaintiff/appellant).
Malone v. Spence, No. 3:21-CV-2047-BH, 2023 WL 5106878 (N.D. Tex. Aug. 9, 2023) (Ramirez, M.J.) (in a personal injury action by a husband and wife who sustained traumatic brain injuries when they were struck by a tractor-trailer driver who fell asleep at the wheel, the federal district court: (1) denied the defendants’ motion in limine to exclude the plaintiffs’ forensic cell phone expert, Scott Greene, re: the defendant driver’s wiping of his cell phone data after the accident; (2) denied the defendants’ motion in limine to exclude the plaintiff’s fatigue expert, Dr. Stefanos Kales, re: the defendant driver’s fatigue; (3) denied the defendants’ motion in limine to exclude plaintiffs’ trucking expert’s supplemental reports issued after the expert report deadline, based on information provided to the expert after the deadline) (brief writer for the successful plaintiffs).
Malone v. Spence, No. 3:21-cv-2047, 2023 WL 5022680 (N.D. Tex. Aug. 7, 2023) (Ramirez, M.J.) (in a personal injury action by two plaintiffs who suffered traumatic brain injuries when their vehicle was hit by a tractor-trailer driver who fell asleep at the wheel, the federal district court denied the defendant's motions for summary judgment on gross negligence, allowing plaintiffs' suit for punitive damages under Texas law to go to trial) (brief writer for the successful plaintiffs).
Hill v. State Farm Mut. Auto. Ins. Co., 55,258 (La. App. 2 Cir. 5/24/23), ___ So.3d ___ (Robinson, Cox and Stephens, J.J.) (in a wrongful death action by the parents of a woman killed in a head-on collision with a drunk driver, the court of appeal denied the defendants' writ application from the trial court's denial of defendants' motion for summary judgment on liability) (brief writer for the successful plaintiffs/respondents).
Hill v. State Farm Mut. Auto. Ins. Co., 55,091 (La. App. 2 Cir. 5/10/23), 362 So.3d 1279 (Stephens, Pitman & Robinson, J.J.) (in a wrongful death action by the parents of a woman killed in a head-on collision with a drunk driver, the court of appeal reversed the dismissal of plaintiffs' claims against a defendant sued two years after the accident and remanded the case to allow plaintiffs to amend their petition) (brief writer for the successful plaintiffs/appellants).
Parria-Smith v. Primerica Life Ins. Co., No. 2:19-cv-07844, 2023 WL 3211867 (E.D. La. May 2, 2023) (Zainey, J.) (R. Doc. 165) (in a life insurance dispute following the shooting death of the plaintiff's husband, the federal district court dismissed claims by the husband's children that the plaintiff intentionally killed her husband) (brief writer for the successful plaintiff).
Hill v. State Farm Mut. Auto. Ins. Co., No. 78,577, 26th J.D.C. for the Parish of Webster, Feb. 23, 2023 (Self, J.) (in a wrongful death action by the parents of a woman who was killed in a head-on collision with a drunk driver, the district court denied a motion for summary judgment on liability by the employer of the drunk driver) (brief writer for the successful plaintiffs).
White v. Protective Ins. Co., No. 3:22-cv-05186, 2023 WL 1936371 (W.D. La. Jan. 26, 2023) (McClusky, M.J.) (in a personal injury action by a woman whose vehicle was rear-ended by a tractor trailer, sustaining more than $3 million in damages, the federal magistrate recommended remanding to state court based on the plaintiff's suit against her own uninsured/underinsured motorist insurer, even though the defendant FedEx was allegedly self-insured for $7.5 million), report and recommendation adopted, No. 3:22-05186, 2023 WL 1930364 (W.D. La. Feb. 10, 2023) (Doughty, M.J.) (brief writer for the successful plaintiff).
2022:
Martin v. Thomas, 2021-01490 (La. 6/29/22), 346 So.3d 238 (Hughes, J.) (in a personal injury action by a man who was severely injured when his vehicle struck an unlit tractor-trailer blocking a highway at night, the Louisiana Supreme Court overruled more than 40 federal court decisions and three Louisiana appellate decisions, holding that injured plaintiffs can maintain "direct negligence" claims against employers for negligent hiring, training and entrustment of vehicles, even when the employer admits its employee was in the course and scope of employment at the time of the accident) (brief writer in the Louisiana Supreme Court for the successful plaintiff).
Doe v. Gulf S. Autism Ctr., 2022-0685 (La. App. 4 Cir. 12/20/22), 356 So.3d 79 (Belsome, Lombard & Dysart, J.J.) (in a suit for damages for child abuse by parents for the abuse of an autistic child by preschool employees, the court of appeal held that the trial court erred in dismissing the parents’ claims, including claims for loss of consortium, on a peremptory exception of no cause of action, and remanded the case for trial) (consultant to the successful plaintiffs).
Boyance v. United Fire & Cas. Co., No. 82216, 16th J.D.C. for the Parish of St. Martin, Louisiana (Judgment Sept. 15, 2022) (Pitman, J.) (in a personal injury action arising from a motor vehicle accident in which a mother and four-year-old boy were trapped in their burning vehicle after being rear-ended by a truck, the trial court denied the defendants' motion for new trial or JNOV, and left in place the jury's $1,520,000 general damages award for the mother for one past one-level back surgery, scarring, and PTSD, with no recommendation for future surgery, and $125,000 general damages to a boy who sustained scarring and just $8,779.45 in medical expenses) (brief writer for the successful plaintiff).
Shanley v. Bryant, No. 698,602, 19th J.D.C. for East Baton Rouge Parish, Louisiana (Judgment July 11, 2022) (Johnson, J.) (in a medical malpractice wrongful death action by a child, for failure to diagnose her mother's meningitis, the trial court denied the defendant health care providers' exception of prescription, even though the child's medical malpractice action was not filed until one year and 22 days after the mother's death) (brief writer for the successful plaintiff).
2021:
Martin v. Thomas, 2021-01490 (La. 12/21/21), 328 So. 3d 1164 (in a personal injury action by a man who was severely injured when his vehicle struck an unlit tractor-trailer blocking a highway at night, the Louisiana Supreme Court granted the plaintiff's application to review the lower courts' dismissal of his "direct negligence" claims against the truck driver's employer for negligent hiring, training and entrustment of the truck to the driver, even though there were no conflicting decisions from the Louisiana courts of appeal) (brief writer in the Louisiana Supreme Court for the successful plaintiff).
Kelleher v. University Med. Ctr. Mgmt. Corp., 2021-00011 (La. 12/10/21), 332 So. 3d 654 (Crichton, J.) (in an personal injury action by a woman who was rendered paraplegic from a bone infection, osteomyelitis, due the defendant hospital's failure to timely schedule an appointment with an infectious disease physician, the Louisiana Supreme Court held that the plaintiff was not required to submit her claim to a medical review panel before suing the hospital in Louisiana district court) (brief writer in the Louisiana Supreme Court for amicus curiae, the Louisiana Association for Justice).
Breaux v. Goodyear Tire & Rubber Co., 2021-00811 (La. 10/5/21), 325 So. 3d 363 (in a wrongful death and survival product liability action arising from a worker’s death from a tire “zipper rupture” explosion, the Louisiana Supreme Court denied the defendants' request for review of a $8.8 million judgment with interest against the tire manufacturer, under the Louisiana Product Liability Act) (appellate consultant to successful plaintiffs/respondents in the Louisiana Supreme Court).
Sketchler v. Hernandez, 2020-1475 (La. 3/2/21), 311 So. 3d 343 (per curiam) (in a personal injury action arising from a head-on motor vehicle crash which caused multiple skull fractures, cerebral hemorrhage, brain injury and two broken legs to a two-year-old child, the Louisiana Supreme Court reversed the lower courts' dismissal of plaintiffs' suit against another driver on summary judgment, and held that there were genuine issues of material fact as to whether the defendant driver was at fault in causing the accident) (brief writer in the Louisiana Supreme Court for the successful plaintiffs/respondents).
Delco v. State Farm Mut. Auto. Ins. Co., 20-592 (La. App. 3 Cir. 8/11/21), 329 So. 3d 339 (3-2 decision) (Saunders, Gremillion, Savoie, Perret & Perry, J.J.) (Gremillion & Perry, J.J., dissenting) (in a personal injury action arising from a rear-end motor vehicle crash which caused the plaintiff's torn rotator cuff and shoulder surgery, the court of appeal reversed the jury's zero verdict for the defendants; the court of appeal awarded the plaintiff $280,000 in damages plus legal interest and costs, reversed the trial court's $35,224.18 costs judgment against the plaintiff, and awarded costs to the plaintiff) (co-brief writer in the Louisiana Third Circuit Court of Appeal for the successful plaintiff).
Sketchler v. Hernandez, 2020-0292 (La. App. 1 Cir. 5/19/21), 326 So. 3d 912 (Welch, J., Whipple, C.J., and Chutz, J.) (in a personal injury product liability action arising from a head-on motor vehicle crash which caused multiple skull fractures, cerebral hemorrhage, brain injury and two broken legs to a two-year-old child the Louisiana court of appeal reversed the trial court's dismissal of plaintiffs' against the manufacturer of a child restraint seat (Graco Children's Products, Inc.), even though plaintiffs disposed of the child restraint seat after the accident) (appellate consultant in the Louisiana First Circuit Court of Appeal for successful plaintiffs/appellants).
Matter of Lasala, No. CV 18-11057, 2021 WL 2379739 (E.D. La. June 10, 2021) (Vitter, J.) (in a maritime personal injury action arising from an allision at night between a boat and a fixed offshore platform, the federal district court dismissed the platform owner’s claims for contribution and indemnity against the non-settling plaintiff, holding that under the general maritime law, “a settling tortfeasor may seek contribution from a nonsettling tortfeasor only when he obtains a full release of the plaintiff's claims.”) (brief-writer for successful plaintiffs). In re Lasala, No. CV 18-11057, 2021 WL 2005077, at *3 (E.D. La. May 19, 2021) (Vitter, J.) (in a maritime personal injury action arising from an allision at night between a vessel and a fixed offshore platform, the federal district court denied the platform owner's motion for summary judgment on liability, finding that there were fact issues as to whether the platform owner breached its duty to mark its fixed platform with proper, functioning navigational aid lights) (brief-writer for successful plaintiffs).
Breaux v. Goodyear Tire & Rubber Co., 2020-0477 (La. App. 4 Cir. 5/12/21), 320 So. 3d 1197 (McKay, C.J., Dysart, J. & Atkins, J.) (in a wrongful death and survival product liability action arising from a worker’s death from a tire “zipper rupture” explosion, the court of appeal affirmed a $8.8 million judgment with interest against the tire manufacturer, under the Louisiana Product Liability Act) (appellate consultant to successful plaintiffs/appellees).
Kotski v. Harter, No. 2:19-CV-00967, 2021 WL 1740408, at *2–5 (W.D. La. May 3, 2021) (Cain, J.) (in a personal injury action by a U.S. Army soldier struck by a vehicle driven by the employee of a government contractor during mission rehearsal exercises, the federal district court denied the defendants’ motion for summary judgment, and held that the defendants were not entitled to government contractor immunity under the Feres doctrine, the government contractor defense, or the discretionary function exception to the Federal Tort Claims Act, and that the defendant driver was not acting as a government employee at the time of the accident) (brief-writer for successful plaintiffs).
Bombardier v. Clasen, No. 13-1137 (34th J.D.C. for the Parish of St. Bernard May 7, 2021) (Juneau, J.) (unpublished) (in a personal injury action arising from an alleged low-impact motor vehicle accident, the trial judge granted a motion for JNOV raising the plaintiff's damages from $346,000 to $920,000, plus an additional $95,000 in legal interest) (brief writer in the Louisiana state district court for the successful plaintiff).
Adams v. Chevron USA, Inc., 2019-0210 et al. (La. App. 4 Cir. 2/24/21), 365 So.3d 580 (McKay, C.J., Love, J., and Belsome, J.), writ denied, 2021-00446 (La. 5/25/21), 316 So. 3d 444 (in a mass tort action by neighbors against landowners, for damages caused by the contamination of land with naturally-occuring radioactive material ("NORM"), the court of appeal reversed the trial court's dismissal of the plaintiffs' claims based on a settlement agreement which the landowners did not contribute to, and were not parties to) (consultant to successful plaintiffs/relators).
2024: Pickard v. Amazon.com, 2023-01596 (La. 6/28/24), 387 So.3d 515 (Crain, J.) (in a wrongful death case in which a defective Chinese battery charger purchased from Amazon caused a house fire, the Louisiana Supreme Court held that: (1) Amazon could be held liable as a manufacturer-seller; and (2) Amazon could be held liable for breach of its voluntary safety standards) (amicus curiae brief writer in support of the successful plaintiffs).
Ardoin v. Offshore Energy Services, LLC, No. 2:22-cv-02379 (W.D. La. Sept. 12, 2024) (Cain, J.) (R. Doc. 76, 77, 79, 80) (in a maritime personal injury action arising from a failed personnel basket transfer from a vessel to an offshore drilling platform, the federal district court denied the defendants' Daubert motions in limine to exclude plaintiff's maritime safety experts, life care planner, and economist) (brief writer for the successful plaintiff). Robinson v. Pelican Waste & Debris, LLC, 2023-0943 (La. App. 1 Cir. 9/3/24), ___ So.3d ___, 2024 WL 4023665 (McClendon, Hester and Miller, J.J.) (in a personal injury action following an alleged "low impact" motor vehicle accident, in which the plaintiff's vehicle was struck by a dump truck, the court of appeal: (1) affirmed the admission of testimony by plaintiff's expert in crash biomechanics, occupant kinematics, and chiropractic care, Dr. David Barczyk; and (2) affirmed the jury's award of future medical expenses and lost wages related to lumbar fusion surgery even though the plaintiff testified that he was afraid of surgery) (brief writer in the court of appeal for the successful plaintiff).
Boyance v. United Fire & Cas. Co., 2023-442 (La. App. 3 Cir. 4/17/24), 387 So.3d 586 (Pickett, Perret and Wilson, J.J.) (affirming, as not excessive, $1,520,000 general damages award in personal injury action, by 16th JDC for the Parish of St. Martin jury, to 23 year old woman at the time of the motor vehicle accident who sustained: (1) injury to one lumbar disc (bulging disc at L5-S1) which resulted in past facet injections, one past surgery at L5-S1 (laminectomy and foraminotomy) and no future surgeries; (2) post-traumatic stress disorder; and (3) a four-to-five-inch keloid scar on her lower back), writ denied, 2024-00632 (La. 9/24/24), ___ So.3d ___ (brief writer in the court of appeal for the successful plaintiff/appellee, and brief writer in the Louisiana Supreme Court for the successful plaintiff/respondent).
Rome v. Academy Sports and Outdoors, Inc., No. 2:22-cv-00583 (E.D. La. Mar. 27, 2024) (R. Doc. 169) (Papillion, J.) (in a personal injury action arising from falling merchandise in a sporting goods store, the federal district court permitted plaintiff's former attorney to intervene for attorneys' fees and costs, after proving the court had supplemental jurisdiction over the intervention) (brief writer for the successful former plaintiff's attorney).
Esco v. Tena, No. 2024-0022 (La. App. 1 Cir. 3/22/24), 2024 WL 1230163 (McClendon, Hester and Miller, J.J.) (in a personal injury action against a tractor-trailer driver and his employer, the court of appeal refused to review the district court's judgment denying the defendants’ exception of prescription, where the plaintiffs' state court petition was filed 16 months after the crash) (brief writer in the court of appeal for the successful plaintiffs).
Levine v. Nationwide Agribusiness Ins. Co., 2023-488 (La. App. 3 Cir. 3/6/24), 381 So.3d 908 (Fitzgerald, J., Pickett, C.J. and Stiles, J.), writ denied 2024-426 (La. 6/19/24), 386 So.3d 310 (in a personal injury action against a box truck driver and his employer, the court of appeal affirmed a $3,231,942 general damages jury award to a man who required one past lumbar fusion surgery, the implantation of a spinal cord stimulator, and one future cervical fusion surgery) (appellate consultant to the successful plaintiff/appellee).
Boyd v. Jewell Trucking, LLC, No. 1:23-cv-01572 (W.D. La. Feb. 26, 2024) (Drell, J.) (R. Doc. 17) (remanding personal injury action case to 12th JDC for the Parish of Avoyelles, in which the defendant improperly removed the case to federal court more than 30 days after receiving notice that plaintiff was scheduled for two-level spinal lumbar surgery) (brief writer for the successful plaintiffs).
2023:
Shanley v. Bryant, 2022-01785, 2022-01787 (La. 2/14/23), 354 So.3d 1221, 1235 (per curiam) (in a medical malpractice wrongful death action by a child, for failure to diagnose her mother's meningitis, the Louisiana Supreme Court reversed in part the court of appeal's dismissal of the action as prescribed, and remanded the case to consider the plaintiff's constitutional challenge to La. Civil Code Article 3472.1 and La. R.S. 9:5829, the limited suspension of prescription due to the COVID-19 public health emergency) (brief writer for the successful plaintiff/relator).
Van Winkle v. Rogers, 82 F.4th 370 (5th Cir. 2023) (Southwick, Davis & Oldham, J.J.) (in a personal injury action against the manufacturer of a refurbished retread tire which separated and struck plaintiff’s vehicle, the court of appeal reversed the district court’s summary judgment on liability for the defendant, and held that there was sufficient circumstantial evidence that the defendant destroyed the tire in bad faith six weeks after the crash under the “spoliation of evidence” standard) (brief writer in the federal court of appeal for the successful plaintiff/appellant).
Henry v. Citron, 2023-644 (La. App. 3 Cir. 10/20/23) (Gremillion, Savoie & Ortego, J.J.) (in a personal injury bad faith action against plaintiff's UM insurer, after an underinsured intoxicated driver rear-ended the plaintiff, the court of appeal affirmed the trial court's order requiring plaintiff's UM insurer to produce its loss reserves) (brief writer in Louisiana appellate court for the successful plaintiff/respondent).
Thibodeaux v. Shoppers Value Foods, 2022-745 (La. App. 3 Cir. 8/16/23), 370 So.3d 177 (Savoie, Kyzar & Thierry, J.J.), writ denied, 2023-01271 (La. 11/21/23), 373 So.3d 458 (in a slip-and-fall personal injury action against a grocery store and store manager, the court of appeal reversed the trial court's summary judgment on liability, and held that there were genuine issues of material fact as to the grocery store’s liability for failing to warn of water leaking from an ice cooler) (brief writer in Louisiana appellate court and Louisiana Supreme Court for the successful plaintiff/appellant).
Malone v. Spence, No. 3:21-CV-2047-BH, 2023 WL 5106878 (N.D. Tex. Aug. 9, 2023) (Ramirez, M.J.) (in a personal injury action by a husband and wife who sustained traumatic brain injuries when they were struck by a tractor-trailer driver who fell asleep at the wheel, the federal district court: (1) denied the defendants’ motion in limine to exclude the plaintiffs’ forensic cell phone expert, Scott Greene, re: the defendant driver’s wiping of his cell phone data after the accident; (2) denied the defendants’ motion in limine to exclude the plaintiff’s fatigue expert, Dr. Stefanos Kales, re: the defendant driver’s fatigue; (3) denied the defendants’ motion in limine to exclude plaintiffs’ trucking expert’s supplemental reports issued after the expert report deadline, based on information provided to the expert after the deadline) (brief writer for the successful plaintiffs).
Malone v. Spence, No. 3:21-cv-2047, 2023 WL 5022680 (N.D. Tex. Aug. 7, 2023) (Ramirez, M.J.) (in a personal injury action by two plaintiffs who suffered traumatic brain injuries when their vehicle was hit by a tractor-trailer driver who fell asleep at the wheel, the federal district court denied the defendant's motions for summary judgment on gross negligence, allowing plaintiffs' suit for punitive damages under Texas law to go to trial) (brief writer for the successful plaintiffs).
Hill v. State Farm Mut. Auto. Ins. Co., 55,258 (La. App. 2 Cir. 5/24/23), ___ So.3d ___ (Robinson, Cox and Stephens, J.J.) (in a wrongful death action by the parents of a woman killed in a head-on collision with a drunk driver, the court of appeal denied the defendants' writ application from the trial court's denial of defendants' motion for summary judgment on liability) (brief writer for the successful plaintiffs/respondents).
Hill v. State Farm Mut. Auto. Ins. Co., 55,091 (La. App. 2 Cir. 5/10/23), 362 So.3d 1279 (Stephens, Pitman & Robinson, J.J.) (in a wrongful death action by the parents of a woman killed in a head-on collision with a drunk driver, the court of appeal reversed the dismissal of plaintiffs' claims against a defendant sued two years after the accident and remanded the case to allow plaintiffs to amend their petition) (brief writer for the successful plaintiffs/appellants).
Parria-Smith v. Primerica Life Ins. Co., No. 2:19-cv-07844, 2023 WL 3211867 (E.D. La. May 2, 2023) (Zainey, J.) (R. Doc. 165) (in a life insurance dispute following the shooting death of the plaintiff's husband, the federal district court dismissed claims by the husband's children that the plaintiff intentionally killed her husband) (brief writer for the successful plaintiff).
Hill v. State Farm Mut. Auto. Ins. Co., No. 78,577, 26th J.D.C. for the Parish of Webster, Feb. 23, 2023 (Self, J.) (in a wrongful death action by the parents of a woman who was killed in a head-on collision with a drunk driver, the district court denied a motion for summary judgment on liability by the employer of the drunk driver) (brief writer for the successful plaintiffs).
White v. Protective Ins. Co., No. 3:22-cv-05186, 2023 WL 1936371 (W.D. La. Jan. 26, 2023) (McClusky, M.J.) (in a personal injury action by a woman whose vehicle was rear-ended by a tractor trailer, sustaining more than $3 million in damages, the federal magistrate recommended remanding to state court based on the plaintiff's suit against her own uninsured/underinsured motorist insurer, even though the defendant FedEx was allegedly self-insured for $7.5 million), report and recommendation adopted, No. 3:22-05186, 2023 WL 1930364 (W.D. La. Feb. 10, 2023) (Doughty, M.J.) (brief writer for the successful plaintiff).
2022:
Martin v. Thomas, 2021-01490 (La. 6/29/22), 346 So.3d 238 (Hughes, J.) (in a personal injury action by a man who was severely injured when his vehicle struck an unlit tractor-trailer blocking a highway at night, the Louisiana Supreme Court overruled more than 40 federal court decisions and three Louisiana appellate decisions, holding that injured plaintiffs can maintain "direct negligence" claims against employers for negligent hiring, training and entrustment of vehicles, even when the employer admits its employee was in the course and scope of employment at the time of the accident) (brief writer in the Louisiana Supreme Court for the successful plaintiff).
Doe v. Gulf S. Autism Ctr., 2022-0685 (La. App. 4 Cir. 12/20/22), 356 So.3d 79 (Belsome, Lombard & Dysart, J.J.) (in a suit for damages for child abuse by parents for the abuse of an autistic child by preschool employees, the court of appeal held that the trial court erred in dismissing the parents’ claims, including claims for loss of consortium, on a peremptory exception of no cause of action, and remanded the case for trial) (consultant to the successful plaintiffs).
Boyance v. United Fire & Cas. Co., No. 82216, 16th J.D.C. for the Parish of St. Martin, Louisiana (Judgment Sept. 15, 2022) (Pitman, J.) (in a personal injury action arising from a motor vehicle accident in which a mother and four-year-old boy were trapped in their burning vehicle after being rear-ended by a truck, the trial court denied the defendants' motion for new trial or JNOV, and left in place the jury's $1,520,000 general damages award for the mother for one past one-level back surgery, scarring, and PTSD, with no recommendation for future surgery, and $125,000 general damages to a boy who sustained scarring and just $8,779.45 in medical expenses) (brief writer for the successful plaintiff).
Shanley v. Bryant, No. 698,602, 19th J.D.C. for East Baton Rouge Parish, Louisiana (Judgment July 11, 2022) (Johnson, J.) (in a medical malpractice wrongful death action by a child, for failure to diagnose her mother's meningitis, the trial court denied the defendant health care providers' exception of prescription, even though the child's medical malpractice action was not filed until one year and 22 days after the mother's death) (brief writer for the successful plaintiff).
2021:
Martin v. Thomas, 2021-01490 (La. 12/21/21), 328 So. 3d 1164 (in a personal injury action by a man who was severely injured when his vehicle struck an unlit tractor-trailer blocking a highway at night, the Louisiana Supreme Court granted the plaintiff's application to review the lower courts' dismissal of his "direct negligence" claims against the truck driver's employer for negligent hiring, training and entrustment of the truck to the driver, even though there were no conflicting decisions from the Louisiana courts of appeal) (brief writer in the Louisiana Supreme Court for the successful plaintiff).
Kelleher v. University Med. Ctr. Mgmt. Corp., 2021-00011 (La. 12/10/21), 332 So. 3d 654 (Crichton, J.) (in an personal injury action by a woman who was rendered paraplegic from a bone infection, osteomyelitis, due the defendant hospital's failure to timely schedule an appointment with an infectious disease physician, the Louisiana Supreme Court held that the plaintiff was not required to submit her claim to a medical review panel before suing the hospital in Louisiana district court) (brief writer in the Louisiana Supreme Court for amicus curiae, the Louisiana Association for Justice).
Breaux v. Goodyear Tire & Rubber Co., 2021-00811 (La. 10/5/21), 325 So. 3d 363 (in a wrongful death and survival product liability action arising from a worker’s death from a tire “zipper rupture” explosion, the Louisiana Supreme Court denied the defendants' request for review of a $8.8 million judgment with interest against the tire manufacturer, under the Louisiana Product Liability Act) (appellate consultant to successful plaintiffs/respondents in the Louisiana Supreme Court).
Sketchler v. Hernandez, 2020-1475 (La. 3/2/21), 311 So. 3d 343 (per curiam) (in a personal injury action arising from a head-on motor vehicle crash which caused multiple skull fractures, cerebral hemorrhage, brain injury and two broken legs to a two-year-old child, the Louisiana Supreme Court reversed the lower courts' dismissal of plaintiffs' suit against another driver on summary judgment, and held that there were genuine issues of material fact as to whether the defendant driver was at fault in causing the accident) (brief writer in the Louisiana Supreme Court for the successful plaintiffs/respondents).
Delco v. State Farm Mut. Auto. Ins. Co., 20-592 (La. App. 3 Cir. 8/11/21), 329 So. 3d 339 (3-2 decision) (Saunders, Gremillion, Savoie, Perret & Perry, J.J.) (Gremillion & Perry, J.J., dissenting) (in a personal injury action arising from a rear-end motor vehicle crash which caused the plaintiff's torn rotator cuff and shoulder surgery, the court of appeal reversed the jury's zero verdict for the defendants; the court of appeal awarded the plaintiff $280,000 in damages plus legal interest and costs, reversed the trial court's $35,224.18 costs judgment against the plaintiff, and awarded costs to the plaintiff) (co-brief writer in the Louisiana Third Circuit Court of Appeal for the successful plaintiff).
Sketchler v. Hernandez, 2020-0292 (La. App. 1 Cir. 5/19/21), 326 So. 3d 912 (Welch, J., Whipple, C.J., and Chutz, J.) (in a personal injury product liability action arising from a head-on motor vehicle crash which caused multiple skull fractures, cerebral hemorrhage, brain injury and two broken legs to a two-year-old child the Louisiana court of appeal reversed the trial court's dismissal of plaintiffs' against the manufacturer of a child restraint seat (Graco Children's Products, Inc.), even though plaintiffs disposed of the child restraint seat after the accident) (appellate consultant in the Louisiana First Circuit Court of Appeal for successful plaintiffs/appellants).
Matter of Lasala, No. CV 18-11057, 2021 WL 2379739 (E.D. La. June 10, 2021) (Vitter, J.) (in a maritime personal injury action arising from an allision at night between a boat and a fixed offshore platform, the federal district court dismissed the platform owner’s claims for contribution and indemnity against the non-settling plaintiff, holding that under the general maritime law, “a settling tortfeasor may seek contribution from a nonsettling tortfeasor only when he obtains a full release of the plaintiff's claims.”) (brief-writer for successful plaintiffs). In re Lasala, No. CV 18-11057, 2021 WL 2005077, at *3 (E.D. La. May 19, 2021) (Vitter, J.) (in a maritime personal injury action arising from an allision at night between a vessel and a fixed offshore platform, the federal district court denied the platform owner's motion for summary judgment on liability, finding that there were fact issues as to whether the platform owner breached its duty to mark its fixed platform with proper, functioning navigational aid lights) (brief-writer for successful plaintiffs).
Breaux v. Goodyear Tire & Rubber Co., 2020-0477 (La. App. 4 Cir. 5/12/21), 320 So. 3d 1197 (McKay, C.J., Dysart, J. & Atkins, J.) (in a wrongful death and survival product liability action arising from a worker’s death from a tire “zipper rupture” explosion, the court of appeal affirmed a $8.8 million judgment with interest against the tire manufacturer, under the Louisiana Product Liability Act) (appellate consultant to successful plaintiffs/appellees).
Kotski v. Harter, No. 2:19-CV-00967, 2021 WL 1740408, at *2–5 (W.D. La. May 3, 2021) (Cain, J.) (in a personal injury action by a U.S. Army soldier struck by a vehicle driven by the employee of a government contractor during mission rehearsal exercises, the federal district court denied the defendants’ motion for summary judgment, and held that the defendants were not entitled to government contractor immunity under the Feres doctrine, the government contractor defense, or the discretionary function exception to the Federal Tort Claims Act, and that the defendant driver was not acting as a government employee at the time of the accident) (brief-writer for successful plaintiffs).
Bombardier v. Clasen, No. 13-1137 (34th J.D.C. for the Parish of St. Bernard May 7, 2021) (Juneau, J.) (unpublished) (in a personal injury action arising from an alleged low-impact motor vehicle accident, the trial judge granted a motion for JNOV raising the plaintiff's damages from $346,000 to $920,000, plus an additional $95,000 in legal interest) (brief writer in the Louisiana state district court for the successful plaintiff).
Adams v. Chevron USA, Inc., 2019-0210 et al. (La. App. 4 Cir. 2/24/21), 365 So.3d 580 (McKay, C.J., Love, J., and Belsome, J.), writ denied, 2021-00446 (La. 5/25/21), 316 So. 3d 444 (in a mass tort action by neighbors against landowners, for damages caused by the contamination of land with naturally-occuring radioactive material ("NORM"), the court of appeal reversed the trial court's dismissal of the plaintiffs' claims based on a settlement agreement which the landowners did not contribute to, and were not parties to) (consultant to successful plaintiffs/relators).
2020:
Rismiller v. Gemini Ins. Co., 2020-313 (La. 12/11/20); ___ So. 3d ___, 2020 WL 7310506 (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 held that children given up for adoption had a right of action to sue for the wrongful death of their biological parents and siblings, overruling more than 40 years of Louisiana appellate case law) (brief writer in Louisiana Supreme Court for successful plaintiffs/appellees).
McGee v. State Farm Mut. Auto. Ins. Co., 2019-1789 (La. 2/10/20); 289 So. 3d 49 (per curiam) (in a personal injury action against plaintiff's uninsured/underinsured motorist insurer, the Supreme Court refused to review the denial of the UM insurer's motion for summary judgment on coverage, even though the insured had signed two separate rejections of UM coverage before the accident) (brief writer in Louisiana Supreme Court for successful plaintiff/respondent).
Stevens Constr. & Design, L.L.C. v. St. Tammany Fire Prot. Dist. No. 1, 2020-990 (La. 11/4/20); 303 So. 3d 652 (in a breach of contract action against a parish fire district, the Louisiana Supreme Court refused to review the court of appeal's dismissal of a construction contractor's mandamus action for payment against a parish fire district) (brief writer in the Louisiana Supreme Court for successful defendant/respondent fire district).
Stevens Constr. & Design, L.L.C. v. St. Tammany Fire Prot. Dist. No. 1, 2020-977 (La. 11/4/20); 303 So. 3d 650 (in a breach of contract action against a parish fire district, the Louisiana Supreme Court refused to review the court of appeal's dismissal of an untimely appeal by a construction contractor, in an action for preliminary injunction against a parish fire district) (brief writer in the Louisiana Supreme Court for successful defendant/respondent fire district).
Matter of Lasala, No. CV 18-11057, 2020 WL 6938807 (E.D. La. Nov. 25, 2020) (Vitter, J.) (in an insurance action by an insured against his liability insurer for damages caused by the insurer's destruction of evidence, in a case of first impression, held that monetary damages are recoverable under Louisiana law for the intentional destruction (spoliation) of evidence) (brief writer in the Louisiana federal district court for successful plaintiff).
In re Med. Review Panel of Henrietta Houck v. Baton Rouge Gen. Med. Ctr., 2019-1154 (La. App. 1 Cir. 7/6/20); 2020 WL 3638159 (Burris, J., Whipple, C.J., and Guidry, J.) (unpublished) (in a medical malpractice action by a woman who suffered brain damage and was rendered quadriplegic after a nurse negligently injected Demerol, a powerful narcotic, directly into the patient’s veins instead of her muscle, the court of of appeal vacated the district court’s dismissal of the plaintiff’s action on the basis of abandonment, even though the plaintiff took no action in the district court for over seven years) (brief writer in the Louisiana First Circuit Court of Appeal for successful plaintiff/appellant).
Coleman v. Lowery Carnival Co., 53,467 (La. App. 2 Cir. 4/22/20); 295 So. 3d 427 (Stephens, Pitman & McCallum, J.J.) (in a personal injury action for injuries to a two-year-old girl who fell eight feet from a carnival ride and sustained traumatic brain injuries, the court of appeal reversed the trial court’s summary judgment on liability for the defendant general contractor, even though the ride was owned and operated by another company, where the ride operator was wearing the general contractor's uniform at the time of the accident) (appellate consultant to successful plaintiff/appellant).
Mills v. Smith, 2019-812 (La. App. 3 Cir. 4/8/20); 2020 WL 1702287 (Pickett, Gremillion & Perret, J.J.) (unpublished) (in a personal injury action following a motor vehicle accident, the Court of Appeal affirmed summary judgment for the plaintiff on liability, holding that the defendant driver who failed to yield was solely at fault even though the defendant driver testified that plaintiff was driving 70 mph or more in a 55 mph zone) (brief writer in Louisiana district court and Louisiana Third Circuit Court of Appeal for successful plaintiff/appellee).
Neal v. Old Republic Ins. Co., No. 3:18-cv-01380 (W.D. La. Feb. 21, 2020) (R. Doc. 51) (Perez-Montes, M.J.) (in a personal injury action by an emergency vehicle driver struck by a vehicle on an interstate highway, the Louisiana federal district court granted the plaintiff's motion to amend his complaint to add a Louisiana driver and employer as additional defendants, and granted the plaintiff's motion to remand the action to Louisiana state court, even though amendment was filed seven months after removal from state court and destroyed diversity of citizenship), report and recommendations adopted, No. 3:18-cv-01380, 2020 WL 1164817 (W.D. La. Mar. 9, 2020) (R. Doc. 52) (Doughty, J.) (brief writer in the Louisiana federal district court for successful plaintiff).
Caruso v. Wooten, 19-746 (La. App. 3 Cir. 1/22/20); ___ So. 3d ___ (Saunders, Perret & Keaty, J.J.) (Keaty, J., dissenting) (in a personal injury action arising from motor vehicle in Louisiana against Louisiana defendants, finding no error in the trial court's denial of Defendants' exception of prescription and application of Texas two-year statute of limitations, even though suit was not filed until 22 months after the accident) (brief writer in Louisiana Third Circuit Court of Appeal for successful plaintiff/respondent).
2019:
Scio v. University Med. Ctr. Mgmt. Corp., 2019-1319 (La. 10/21/19); 280 So. 3d 1135 (per curiam) (in a medical malpractice action against a medical center for failure to notify a patient of breast cancer, 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).
Brooks v. Meaux, 2019-1135 (La. 10/8/19); 280 So. 3d 590 (in a medical malpractice action arising from the death of a pregnant mother and her baby, the Louisiana Supreme Court refused to review the court's of appeal's judgment holding that the plaintiff's wrongful death and survival actions were timely filed within one year of the plaintiff's discovery that his wife's death was caused by a pregnancy-related heart condition, even though he did not file suit within one year 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); 280 So. 3d 592 (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 refused to review the court of appeal's dismissal of the plaintiff's claims against the defendant Parish on summary judgment, because the hazard was "open and obvious" and the Parish was entitled to Recreational Use Immunity) (brief writer in Louisiana Supreme Court for successful defendant/respondent).
Feingerts v. La. Citizens Prop. Ins. Co., 19-436 (La. 9/6/19); 278 So. 3d 364 (in a first-party insurance bad faith action by a property owner against his homeowner's insurer for property damage following Hurricane Katrina, the Louisiana Supreme Court refused to review the court's of appeal judgment which: (1) found the insurer liable for bad faith penalties and attorneys' fees for late payment of property damages and additional living expenses; 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).
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 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).
Hale v. Wood Group PSN, Inc., 769 Fed. Appx. 113 (5th Cir. 2019) (Dennis, Clement and Owen, J.J.) (per curiam) (in a maritime personal injury action by an offshore 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 a personal injury action arising from an 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).
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 a personal injury 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).
Willis v. Berkley Assurance Co., 2019-0628 (La. App. 4 Cir. 8/14/19) (unreported) (Brown, Ledet & Atkins, J.J.) (in a personal injury 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 wrongful death action arising from the death of a pregnant mother and her baby, 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 first-party insurance bad faith action for penalties and attorneys' fees against plaintiff's own 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 a property damage 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) (appellate 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 insurance bad faith action 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).
2018:
Despaux v. RSC Equip. Rental, Inc., 2018-1009 (La. 10/8/18); 252 So. 3d 794 (in a personal injury product liability 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).
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).
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) (in a slip-and-fall personal injury action against a store and store employee, the federal district court remanded the action to state court, and rejected the defendant's argument that the 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) (in a slip-and-fall personal injury action against a store owner, parking lot lessee, and "John Doe" store employee, the federal district court remanded the action to state court, and rejected the defendants' argument that the store owner and store manager were improperly joined to defeat diversity jurisdiction, even though the 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 action against against a 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 product liability 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 (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.) (in a workers' compensation action, the court of appeal affirmed a default judgment 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).
2017:
Warren v. Shelter Mut. Ins. Co., 2016-1647 (La. 10/19/17); 233 So. 3d 568 (Guidry, J.) (in a maritime 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).
Shelton v. Pavon, 2017-0482 (La. 10/18/17); 236 So. 3d 1233 (Guidry, J.) (reinstating plaintiff-in-reconvention's defamation action, 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) (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 personal injury action 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 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) (in a trip-and-fall personal injury action, the district court denied 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 a personal injury action by the parents of a child who was 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 a personal injury action by the parents of a child who was 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 (in a personal injury action, the court of appeal affirmed the 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 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.) (in a defamation action, the court of appeal reinstated 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 for 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) (in a workers' compensation action, the court of appeal reversed the worker's compensation judge's order, and held 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 held 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).
2016:
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.) (in a personal injury action by a plaintiff whose leg was amputated in motor vehicle crash, the court of appeal reversed the dismissal of plaintiff's tort claim against the defendant hospital, and held that plaintiff's tort claim against the hospital, alleging that the hospital negligently discharged the defendant driver while still under the influence of intoxicating drugs, was not subject to the Louisiana Medical Malpractice Act’s cap on damages) (appellate 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) (in a maritime wrongful death and survival action, the court of appeal affirmed, as not excessive, a $23 million punitive damages award against a 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.) (in an asbestos-related wrongful death and survival action, the court of appeal reversed the trial court’s summary judgment for the defendant sugar mill in a suit arising from a spouse’s death from mesothelioma, and held that the sugar mill owed a duty to protect the spouse from second-hald exposure to asbestos fibers carried home on her husband's clothing, even before the 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 a workers' compensation action, the court of appeal, in a case of first impression, held that a 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) (in a personal injury class action by more than 500 residents exposed to chemicals released from a tanker truck, the court of appeal denied the defendants’ emergency writ application requesting a new trial on the issue of causation of injuries) (brief-writer in Louisiana Foruth 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) (in a breach of contract action, the court of appeal vacated the trial court’s ex parte judgment for $236,738 in attorneys’ fees for plaintiff, representing 124 percent of the amount awarded, and denied the plaintiff’s request for additional attorneys’ fees on appeal) (brief writer in Louisiana First Circuit Court of Appeal for successful defendants/appellants).
2015:
Transp. Servs. Co. of Illinois v. Smith, 574 U.S. 1154, 135 S. Ct. 1404, 191 L. Ed. 2d 362 (2015) (in a mass joinder tort 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).
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) (in a workers' compensation action, the court of appeal reversed the trial court's judgment for defendant workers' compensation insurer on an 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).
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) (in an asbestos exposure personal injury action, the 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) (in an action for breach of contract between two attorneys, based on alleged joint venture liability for case cost loans, the court of appeal reversed the trial court’s summary judgment for $1.2 million plus legal interest) (brief writer in Louisiana First Circuit Court of Appeal for successful third-party defendant).
2014:
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' class 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).
Wendel v. Travelers Ins. Co., 2014-0002 (La. App. 4 Cir. 10/8/14); 151 So. 3d 828 (Jenkins, Love & Dysart, J.J.) (in a personal injury motor vehicle accident action, the court of appeal affirmed a $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).
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).
2013:
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 property damage mass tort action 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).
2012:
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 (brief writer in Louisiana Fifth Circuit Court of Appeal and Louisiana Supreme Court 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 wrongful death 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) (brief writer in federal district court 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 wrongful death 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) (brief writer in federal district court 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)) (brief writer in federal district court 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.) (brief writer in federal district court 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) (brief-writer in Louisiana Third Circuit Court of Appeal and Louisiana Supreme Court for successful plaintiffs/appellants/respondents).
2011:
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) (brief writer in Louisiana district court 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) (brief writer in Louisiana district court and Louisiana Fourth Circuit Court of Appeal 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) (brief-writer in federal district court 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) (brief writer in Louisiana district court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court 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) (brief writer in federal district court for successful plaintiff).
Scott v. Am. Tobacco Co., 2009-0461 (La. App. 4 Cir. 4/23/10); 36 So. 3d 1046 (Bonin, J.) (in a Louisiana statewide tobacco class action, the Louisiana court of appeal awarded $241.5 million plus legal interest to the plaintiff class for medical monitoring and smoking cessation costs), 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) (assisting brief writer in Louisiana district Court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court, 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 a 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) (brief writer in federal district court for successful plaintiff).
Davis v. Foremost Dairies, 2011-0568 (La. 4/25/11); 62 So. 3d 97 (in a personal injury action arising from a motor vehicle accident, the Louisiana Supreme Court denied 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) (brief writer in Louisiana Supreme Court for successful plaintiff/respondent).
Cadle Co. v. Henson, 45,978 (La. App. 2 Cir. 1/26/11); 57 So. 3d 458 (Caraway, J.) (in an action for breach of contract, the court of appeal reversed the 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) (brief writer in Louisiana Second Circuit Court of Appeal for successful petitioner/appellant).
Rismiller v. Gemini Ins. Co., 2020-313 (La. 12/11/20); ___ So. 3d ___, 2020 WL 7310506 (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 held that children given up for adoption had a right of action to sue for the wrongful death of their biological parents and siblings, overruling more than 40 years of Louisiana appellate case law) (brief writer in Louisiana Supreme Court for successful plaintiffs/appellees).
McGee v. State Farm Mut. Auto. Ins. Co., 2019-1789 (La. 2/10/20); 289 So. 3d 49 (per curiam) (in a personal injury action against plaintiff's uninsured/underinsured motorist insurer, the Supreme Court refused to review the denial of the UM insurer's motion for summary judgment on coverage, even though the insured had signed two separate rejections of UM coverage before the accident) (brief writer in Louisiana Supreme Court for successful plaintiff/respondent).
Stevens Constr. & Design, L.L.C. v. St. Tammany Fire Prot. Dist. No. 1, 2020-990 (La. 11/4/20); 303 So. 3d 652 (in a breach of contract action against a parish fire district, the Louisiana Supreme Court refused to review the court of appeal's dismissal of a construction contractor's mandamus action for payment against a parish fire district) (brief writer in the Louisiana Supreme Court for successful defendant/respondent fire district).
Stevens Constr. & Design, L.L.C. v. St. Tammany Fire Prot. Dist. No. 1, 2020-977 (La. 11/4/20); 303 So. 3d 650 (in a breach of contract action against a parish fire district, the Louisiana Supreme Court refused to review the court of appeal's dismissal of an untimely appeal by a construction contractor, in an action for preliminary injunction against a parish fire district) (brief writer in the Louisiana Supreme Court for successful defendant/respondent fire district).
Matter of Lasala, No. CV 18-11057, 2020 WL 6938807 (E.D. La. Nov. 25, 2020) (Vitter, J.) (in an insurance action by an insured against his liability insurer for damages caused by the insurer's destruction of evidence, in a case of first impression, held that monetary damages are recoverable under Louisiana law for the intentional destruction (spoliation) of evidence) (brief writer in the Louisiana federal district court for successful plaintiff).
In re Med. Review Panel of Henrietta Houck v. Baton Rouge Gen. Med. Ctr., 2019-1154 (La. App. 1 Cir. 7/6/20); 2020 WL 3638159 (Burris, J., Whipple, C.J., and Guidry, J.) (unpublished) (in a medical malpractice action by a woman who suffered brain damage and was rendered quadriplegic after a nurse negligently injected Demerol, a powerful narcotic, directly into the patient’s veins instead of her muscle, the court of of appeal vacated the district court’s dismissal of the plaintiff’s action on the basis of abandonment, even though the plaintiff took no action in the district court for over seven years) (brief writer in the Louisiana First Circuit Court of Appeal for successful plaintiff/appellant).
Coleman v. Lowery Carnival Co., 53,467 (La. App. 2 Cir. 4/22/20); 295 So. 3d 427 (Stephens, Pitman & McCallum, J.J.) (in a personal injury action for injuries to a two-year-old girl who fell eight feet from a carnival ride and sustained traumatic brain injuries, the court of appeal reversed the trial court’s summary judgment on liability for the defendant general contractor, even though the ride was owned and operated by another company, where the ride operator was wearing the general contractor's uniform at the time of the accident) (appellate consultant to successful plaintiff/appellant).
Mills v. Smith, 2019-812 (La. App. 3 Cir. 4/8/20); 2020 WL 1702287 (Pickett, Gremillion & Perret, J.J.) (unpublished) (in a personal injury action following a motor vehicle accident, the Court of Appeal affirmed summary judgment for the plaintiff on liability, holding that the defendant driver who failed to yield was solely at fault even though the defendant driver testified that plaintiff was driving 70 mph or more in a 55 mph zone) (brief writer in Louisiana district court and Louisiana Third Circuit Court of Appeal for successful plaintiff/appellee).
Neal v. Old Republic Ins. Co., No. 3:18-cv-01380 (W.D. La. Feb. 21, 2020) (R. Doc. 51) (Perez-Montes, M.J.) (in a personal injury action by an emergency vehicle driver struck by a vehicle on an interstate highway, the Louisiana federal district court granted the plaintiff's motion to amend his complaint to add a Louisiana driver and employer as additional defendants, and granted the plaintiff's motion to remand the action to Louisiana state court, even though amendment was filed seven months after removal from state court and destroyed diversity of citizenship), report and recommendations adopted, No. 3:18-cv-01380, 2020 WL 1164817 (W.D. La. Mar. 9, 2020) (R. Doc. 52) (Doughty, J.) (brief writer in the Louisiana federal district court for successful plaintiff).
Caruso v. Wooten, 19-746 (La. App. 3 Cir. 1/22/20); ___ So. 3d ___ (Saunders, Perret & Keaty, J.J.) (Keaty, J., dissenting) (in a personal injury action arising from motor vehicle in Louisiana against Louisiana defendants, finding no error in the trial court's denial of Defendants' exception of prescription and application of Texas two-year statute of limitations, even though suit was not filed until 22 months after the accident) (brief writer in Louisiana Third Circuit Court of Appeal for successful plaintiff/respondent).
2019:
Scio v. University Med. Ctr. Mgmt. Corp., 2019-1319 (La. 10/21/19); 280 So. 3d 1135 (per curiam) (in a medical malpractice action against a medical center for failure to notify a patient of breast cancer, 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).
Brooks v. Meaux, 2019-1135 (La. 10/8/19); 280 So. 3d 590 (in a medical malpractice action arising from the death of a pregnant mother and her baby, the Louisiana Supreme Court refused to review the court's of appeal's judgment holding that the plaintiff's wrongful death and survival actions were timely filed within one year of the plaintiff's discovery that his wife's death was caused by a pregnancy-related heart condition, even though he did not file suit within one year 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); 280 So. 3d 592 (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 refused to review the court of appeal's dismissal of the plaintiff's claims against the defendant Parish on summary judgment, because the hazard was "open and obvious" and the Parish was entitled to Recreational Use Immunity) (brief writer in Louisiana Supreme Court for successful defendant/respondent).
Feingerts v. La. Citizens Prop. Ins. Co., 19-436 (La. 9/6/19); 278 So. 3d 364 (in a first-party insurance bad faith action by a property owner against his homeowner's insurer for property damage following Hurricane Katrina, the Louisiana Supreme Court refused to review the court's of appeal judgment which: (1) found the insurer liable for bad faith penalties and attorneys' fees for late payment of property damages and additional living expenses; 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).
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 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).
Hale v. Wood Group PSN, Inc., 769 Fed. Appx. 113 (5th Cir. 2019) (Dennis, Clement and Owen, J.J.) (per curiam) (in a maritime personal injury action by an offshore 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 a personal injury action arising from an 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).
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 a personal injury 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).
Willis v. Berkley Assurance Co., 2019-0628 (La. App. 4 Cir. 8/14/19) (unreported) (Brown, Ledet & Atkins, J.J.) (in a personal injury 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 wrongful death action arising from the death of a pregnant mother and her baby, 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 first-party insurance bad faith action for penalties and attorneys' fees against plaintiff's own 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 a property damage 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) (appellate 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 insurance bad faith action 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).
2018:
Despaux v. RSC Equip. Rental, Inc., 2018-1009 (La. 10/8/18); 252 So. 3d 794 (in a personal injury product liability 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).
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).
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) (in a slip-and-fall personal injury action against a store and store employee, the federal district court remanded the action to state court, and rejected the defendant's argument that the 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) (in a slip-and-fall personal injury action against a store owner, parking lot lessee, and "John Doe" store employee, the federal district court remanded the action to state court, and rejected the defendants' argument that the store owner and store manager were improperly joined to defeat diversity jurisdiction, even though the 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 action against against a 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 product liability 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 (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.) (in a workers' compensation action, the court of appeal affirmed a default judgment 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).
2017:
Warren v. Shelter Mut. Ins. Co., 2016-1647 (La. 10/19/17); 233 So. 3d 568 (Guidry, J.) (in a maritime 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).
Shelton v. Pavon, 2017-0482 (La. 10/18/17); 236 So. 3d 1233 (Guidry, J.) (reinstating plaintiff-in-reconvention's defamation action, 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) (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 personal injury action 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 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) (in a trip-and-fall personal injury action, the district court denied 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 a personal injury action by the parents of a child who was 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 a personal injury action by the parents of a child who was 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 (in a personal injury action, the court of appeal affirmed the 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 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.) (in a defamation action, the court of appeal reinstated 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 for 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) (in a workers' compensation action, the court of appeal reversed the worker's compensation judge's order, and held 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 held 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).
2016:
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.) (in a personal injury action by a plaintiff whose leg was amputated in motor vehicle crash, the court of appeal reversed the dismissal of plaintiff's tort claim against the defendant hospital, and held that plaintiff's tort claim against the hospital, alleging that the hospital negligently discharged the defendant driver while still under the influence of intoxicating drugs, was not subject to the Louisiana Medical Malpractice Act’s cap on damages) (appellate 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) (in a maritime wrongful death and survival action, the court of appeal affirmed, as not excessive, a $23 million punitive damages award against a 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.) (in an asbestos-related wrongful death and survival action, the court of appeal reversed the trial court’s summary judgment for the defendant sugar mill in a suit arising from a spouse’s death from mesothelioma, and held that the sugar mill owed a duty to protect the spouse from second-hald exposure to asbestos fibers carried home on her husband's clothing, even before the 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 a workers' compensation action, the court of appeal, in a case of first impression, held that a 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) (in a personal injury class action by more than 500 residents exposed to chemicals released from a tanker truck, the court of appeal denied the defendants’ emergency writ application requesting a new trial on the issue of causation of injuries) (brief-writer in Louisiana Foruth 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) (in a breach of contract action, the court of appeal vacated the trial court’s ex parte judgment for $236,738 in attorneys’ fees for plaintiff, representing 124 percent of the amount awarded, and denied the plaintiff’s request for additional attorneys’ fees on appeal) (brief writer in Louisiana First Circuit Court of Appeal for successful defendants/appellants).
2015:
Transp. Servs. Co. of Illinois v. Smith, 574 U.S. 1154, 135 S. Ct. 1404, 191 L. Ed. 2d 362 (2015) (in a mass joinder tort 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).
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) (in a workers' compensation action, the court of appeal reversed the trial court's judgment for defendant workers' compensation insurer on an 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).
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) (in an asbestos exposure personal injury action, the 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) (in an action for breach of contract between two attorneys, based on alleged joint venture liability for case cost loans, the court of appeal reversed the trial court’s summary judgment for $1.2 million plus legal interest) (brief writer in Louisiana First Circuit Court of Appeal for successful third-party defendant).
2014:
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' class 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).
Wendel v. Travelers Ins. Co., 2014-0002 (La. App. 4 Cir. 10/8/14); 151 So. 3d 828 (Jenkins, Love & Dysart, J.J.) (in a personal injury motor vehicle accident action, the court of appeal affirmed a $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).
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).
2013:
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 property damage mass tort action 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).
2012:
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 (brief writer in Louisiana Fifth Circuit Court of Appeal and Louisiana Supreme Court 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 wrongful death 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) (brief writer in federal district court 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 wrongful death 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) (brief writer in federal district court 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)) (brief writer in federal district court 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.) (brief writer in federal district court 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) (brief-writer in Louisiana Third Circuit Court of Appeal and Louisiana Supreme Court for successful plaintiffs/appellants/respondents).
2011:
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) (brief writer in Louisiana district court 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) (brief writer in Louisiana district court and Louisiana Fourth Circuit Court of Appeal 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) (brief-writer in federal district court 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) (brief writer in Louisiana district court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court 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) (brief writer in federal district court for successful plaintiff).
Scott v. Am. Tobacco Co., 2009-0461 (La. App. 4 Cir. 4/23/10); 36 So. 3d 1046 (Bonin, J.) (in a Louisiana statewide tobacco class action, the Louisiana court of appeal awarded $241.5 million plus legal interest to the plaintiff class for medical monitoring and smoking cessation costs), 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) (assisting brief writer in Louisiana district Court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court, 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 a 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) (brief writer in federal district court for successful plaintiff).
Davis v. Foremost Dairies, 2011-0568 (La. 4/25/11); 62 So. 3d 97 (in a personal injury action arising from a motor vehicle accident, the Louisiana Supreme Court denied 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) (brief writer in Louisiana Supreme Court for successful plaintiff/respondent).
Cadle Co. v. Henson, 45,978 (La. App. 2 Cir. 1/26/11); 57 So. 3d 458 (Caraway, J.) (in an action for breach of contract, the court of appeal reversed the 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) (brief writer in Louisiana Second Circuit Court of Appeal for successful petitioner/appellant).
2010:
In re Abrams & Abrams, P.A., 605 F.3d 238, 243 n. 2 (4th Cir. 2010) (Wilkinson, J., Traxler, C.J. and Hamilton, J.) (in a personal injury action resulting in an $18 million settlement to a plaintiff who suffered permanent brain damage, inability to walk, inability to talk, and partial consciousness, the court of appeal reversed the district court’s reduction of the plaintiffs’ attorneys’ fees from their $6 million contingency fee to just $540,000; the court of appeal noted: “The court wishes to extend its thanks to amicus counsel for its able assistance in this matter.”) (appellate counsel and brief-writer for amicus curiae Louisiana Association for Justice).
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) (brief writer in Louisiana district court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court 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) (brief writer in U.S. Fifth Circuit Court of Appeals 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 (brief writer in Louisiana Fourth Circuit Court of Appeal 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) (brief writer in Louisiana district court for successful plaintiff class).
2009:
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) (brief writer in Louisiana district court and Louisiana Fourth circuit Court of Appeal 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) (brief writer in federal district court 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") (brief writer in federal district court 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) (co-brief writer in federal district court 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) (brief writer and lead counsel for oral argument in Louisiana district court 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) (brief writer in federal district court 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) (brief writer in Louisiana Fourth Circuit Court of Appeal and Louisiana Supreme Court 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 (brief writer in Louisiana Third Circuit Court of Appeal for successful plaintiff/appellant).
2008:
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) (brief writer in federal district court 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 (brief writer in Louisiana Fourth Circuit Court of Appeal and Louisiana Supreme Court 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) (brief writer in Louisiana Fifth Circuit Court of Appeal and Louisiana Supreme Court, 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) (co-brief writer in Louisiana Supreme Court 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).
2007:
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).
2006:
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).
2005:
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).
2004:
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).
2003:
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).
2002:
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, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).
2001:
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) (brief writer in Louisiana district court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court 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 in products liability case, 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 Abrams & Abrams, P.A., 605 F.3d 238, 243 n. 2 (4th Cir. 2010) (Wilkinson, J., Traxler, C.J. and Hamilton, J.) (in a personal injury action resulting in an $18 million settlement to a plaintiff who suffered permanent brain damage, inability to walk, inability to talk, and partial consciousness, the court of appeal reversed the district court’s reduction of the plaintiffs’ attorneys’ fees from their $6 million contingency fee to just $540,000; the court of appeal noted: “The court wishes to extend its thanks to amicus counsel for its able assistance in this matter.”) (appellate counsel and brief-writer for amicus curiae Louisiana Association for Justice).
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) (brief writer in Louisiana district court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court 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) (brief writer in U.S. Fifth Circuit Court of Appeals 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 (brief writer in Louisiana Fourth Circuit Court of Appeal 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) (brief writer in Louisiana district court for successful plaintiff class).
2009:
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) (brief writer in Louisiana district court and Louisiana Fourth circuit Court of Appeal 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) (brief writer in federal district court 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") (brief writer in federal district court 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) (co-brief writer in federal district court 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) (brief writer and lead counsel for oral argument in Louisiana district court 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) (brief writer in federal district court 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) (brief writer in Louisiana Fourth Circuit Court of Appeal and Louisiana Supreme Court 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 (brief writer in Louisiana Third Circuit Court of Appeal for successful plaintiff/appellant).
2008:
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) (brief writer in federal district court 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 (brief writer in Louisiana Fourth Circuit Court of Appeal and Louisiana Supreme Court 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) (brief writer in Louisiana Fifth Circuit Court of Appeal and Louisiana Supreme Court, 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) (co-brief writer in Louisiana Supreme Court 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).
2007:
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).
2006:
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).
2005:
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).
2004:
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).
2003:
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).
2002:
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, and appellate and Supreme Court co-liaison counsel for successful plaintiff class/respondents).
2001:
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) (brief writer in Louisiana district court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court 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 in products liability case, 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).
1999:
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,in personal injury class action arising from chemical release) (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).
1998:
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).
1997:
Castano v. Am. Tobacco Co., 961 F. Supp. 953 (E.D. La. 1997) (Berrigan, J.) (denying summary judgment in class action against tobacco manufacturers).
1996:
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) (brief writer in Louisiana Fifth Circuit Court of Appeal for successful plaintiffs/appellants).
1995:
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).
1993:
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, and brief writer in Louisiana district court, Louisiana First Circuit Court of Appeal, and Louisiana Supreme Court for successful intervenor/appellee).
1992:
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 brief writer in Louisiana district court and Louisiana First Circuit Court of Appeal 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) (brief writer in Louisiana Fifth Circuit Court of Appeal for successful plaintiff/appellant).
1991:
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 brief writer in trial court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court for successful defendant/appellee).
Billiot v. Buck, No. 90-0013, 581 So. 2d 771 (La. App. 1 Cir. 1991) (Savoie, J.) (unpublished decision), writ denied, 580 So. 2d 924 (La. 1991) (affirming defense verdict after trial in personal injury suit against bar owners by customer who was severely beaten by another customer) (trial defense attorney, and brief writer in Louisiana First Circuit Court of Appeal and Louisiana Supreme Court for successful defendants/appellees/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,in personal injury class action arising from chemical release) (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).
1998:
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).
1997:
Castano v. Am. Tobacco Co., 961 F. Supp. 953 (E.D. La. 1997) (Berrigan, J.) (denying summary judgment in class action against tobacco manufacturers).
1996:
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) (brief writer in Louisiana Fifth Circuit Court of Appeal for successful plaintiffs/appellants).
1995:
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).
1993:
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, and brief writer in Louisiana district court, Louisiana First Circuit Court of Appeal, and Louisiana Supreme Court for successful intervenor/appellee).
1992:
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 brief writer in Louisiana district court and Louisiana First Circuit Court of Appeal 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) (brief writer in Louisiana Fifth Circuit Court of Appeal for successful plaintiff/appellant).
1991:
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 brief writer in trial court, Louisiana Fourth Circuit Court of Appeal, and Louisiana Supreme Court for successful defendant/appellee).
Billiot v. Buck, No. 90-0013, 581 So. 2d 771 (La. App. 1 Cir. 1991) (Savoie, J.) (unpublished decision), writ denied, 580 So. 2d 924 (La. 1991) (affirming defense verdict after trial in personal injury suit against bar owners by customer who was severely beaten by another customer) (trial defense attorney, and brief writer in Louisiana First Circuit Court of Appeal and Louisiana Supreme Court for successful defendants/appellees/respondents).