Case Results

Lee v. Clark, Docket No. 19701, 20th Judicial District Court, West Feliciana Parish, Louisiana (7/25/08) Successfully defended tavern owner in a suit involving the new strict liability civil code articles.

Faggett v. DSS, 07-E-1003547, Office of Social Security Review and Adjudication, (9/2/08). Successful appeal of social security disability benefits.

Penny Grant Boudreaux v. Duplessis Cadillac, 548,951 19th Judicial District Court, East Baton Rouge Parish (10/9/08). Successful representation of garage owner, defeating claims by customer asserting responsibility for third party's vandalism of her vehicle.

Confidential Taxpayer Dispute with Louisiana Department of Revenue. Elective medical service business disputing an audit determination that its services constituted a sale of tangible personal property, thereby making it subject to Louisiana sales tax, enjoyed an audit reversal based upon our successful representation during internal audit review phase.

Rabalais v. Nash, 952 So.2d 653 (La. 3/9/07) - Successfully defended a fire department and its insurer before the Louisiana Supreme Court in a suit involving the emergency vehicle immunity statute and the operation of an emergency vehicle while responding to an emergency call.

Lemann v. Essen Lane Daiquiris, Inc., 923 So.2d 627 (La. 3/10/06) - Successfully defended paramedics and their insurer before the Louisiana Supreme Court in a wrongful death suit involving a patient's refusal of treatment and transportation to the hospital.

Morton Bldg., Inc. v. Redeeming Word of Life Church, 835 So.2d 685 (La. App. 1 Cir. 10/16/02) - Successfully represented a contractor in a suit to annul a prior judgment in favor of the owner on account of fraud or ill practices, and on remand, obtained summary judgment in favor of contractor for the contract price, interest, and attorney fees.

Eatelcorp, Inc. v. Lucent Technologies, Inc., No. 03-566-D-M1, Middle District of Louisiana - Successfully negotiated a favorable settlement on behalf of a local telecommunications company in a misrepresentation, unfair trade practice, and unjust enrichment suit against a Fortune 500 company.

Jackson v. Alsen/St. Irma Lee Fire Dist., No. 513,075, 19^th JDC, East Baton Rouge Parish (May, 2006) - Successfully defended a fire department in a bench trial of a negligence suit alleging untimely and improper response to a fire.

Welch v. Mazda Motors of America, Inc., No. 195,657, 9^th JDC, Rapides Parish (May, 2001) - Successfully defended an automobile manufacturer and dealer in the bench trial of a redhibition and lemon law suit alleging manufacturing defects (defective drive shaft).

Rid-Cal Land v. Chevron Pipeline Company, Chevron, USA, Inc. and Mattie Elsie Ackel Estis, 14th Judicial District Court (2003-002817) 2003-2005 - Successfully defended an environmental property contamination, soil, and groundwater issues, which was dismissed on an exception of res judicata based on a settlement agreement in the 1950s between plaintiff's predecessor landowners and Gulf, which we unearthed in the discovery process.

Hazelwood Farm, Inc. v. Liberty Oil and Gas Corp., reported at: 844 So.2d 380, 2002-266 (La.App. 3 Cir. 4/2/03) La. Third Circuit Court of Appeals (2002-266) 1997-2003 - Successfully represented our client in a jury trial on an environmental property contamination, soil, groundwater and NORM issues case. Our client's liability was minimized so that the judgment against it was only two million dollars when Plaintiff's counsel received a judgment for one billion, fifty-six million dollars in jury verdict for a similar plaintiff against ExxonMobil, recently reduced on appeal to approximately 200 million dollars including interest.

Dr. Neil Smith Farms, Ltd. v. Chevron U.S. A., Inc., Pennzoil Petroleum Company, and BP America Production Company. 18th Judicial District Court (36808) 2002 - Involving successful tender for defense and indemnification to co-defendant in an environmental property contamination, soil, groundwater and NORM issues matter.

Fordoche, Inc. Ronnie J. Theriot, and Rebecca F. Theriot v. Texaco Inc., Texaco Exploration & Production, Inc., McFarland Energy Inc., Chevron USA Inc., Chevron Corporation, and Chevron Texaco Corporation, Property rights dispute was successfully resolved for our client through demand, and acceptance, of indemnification and defense to a third party, ultimately resolved by settlement. USDC - Middle District (01CV1135) 2001 - Property rights dispute was successfully resolved for our client through demand, and acceptance, of indemnification and defense to a third party, ultimately resolved by settlement.

Julio Hernandez v. John Gardemal, Chevron USA, Inc., 24th Judicial District Court (408265) 1990-1992 - Successfully defended our client where its employee was in a motor vehicle accident, in the course and scope of employment.

Lavergne v. Chevron U.S.A., Inc., reported at: 782 F.Supp. 1163 (W.D.La., Sep 13, 1991) (NO. CIV. A. 88-3092-LC), USDC - Western District (88-3092) 1991 - Offshore platform personal injury action dismissed on summary judgment pursuant to borrowed servant doctrine.

Gregory Jenkins v. Chevron U.S.A., Inc. and Bell Maintenance and Fabricators, Inc., U.S. Fifth Circuit (90-4157); lower court - USDC - Western District 1987-1990 - Our client was determined to be without liability in an offshore platform personal injury case after a bench trial affirmed on appeal.

David Gaines v. Chevron U.S.A., Inc., USDC - Eastern District (89-1592) 1989 - Offshore platform personal injury action dismissed on summary judgment pursuant to borrowed servant doctrine.

Charles Boutwell v. Chevron U.S.A., Inc. v. Rockwood Ins. Co., U.S. Fifth Circuit (88-3198); lower court - USDC - Eastern District 1988 - Offshore platform personal injury claim against our client was dismissed on summary judgment and affirmed on appeal.

 

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