Archive | December, 2011

Yur-Mar, LLC, et al v. Jefferson Parish

Yur-Mar, LLC, et al v. Jefferson Parish
(November 2011)

Tommy Anzelmo, Kyle Kirsch, and Lannie Gwartney successfully defended Jefferson Parish in a number of state and federal lawsuits challenging the constitutionality of a new zoning ordinance establishing regulations and design standards for the “Fat City” area of Metairie, Louisiana. The ordinance was passed following a multi-year study and drafting process, and was intended to address problems of crime, blight, urban decay, and declining property values in Fat City. The ordinance set closing hours for stand-alone bars and nightclubs in Fat City of midnight during the week and 1:00 a.m. on weekends. Prior to the passage of the ordinance, no closing hours existed for these businesses, and many operated late into the night or did not close.

Yur-Mar, LLC, along with several other owners and operators of bars and nightclubs in Fat City, filed several lawsuits in federal court challenging the ordinance as violation of their due process rights, a violation of their right to equal protection, and a 5th Amendment “taking” of their property. The lawsuits also claimed that the new zoning requirements were arbitrary and capricious and lacked a rational basis. Multiple lawsuits were also filed in state district court seeking injunctions that would prevent the ordinance from going into effect in general or as applied to a particular establishment.

Our firm’s attorneys successfully defeated these challenges, obtained a dismissal of all claims against Jefferson Parish, and had the ordinance upheld as constitutional. The federal lawsuits were consolidated and the bar owners appealed the dismissal of their claims to the United States Fifth Circuit, which heard oral argument on these appeals in October 2011. Tommy Anzelmo argued before the Fifth Circuit on behalf of Jefferson Parish, and the court issued a decision affirming the dismissal of all of the bar owners’ claims (Yur-Mar, LLC, et al v. Jefferson Parish Council, et al, 2011 WL 5840265 (5th Cir. 2011)).

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Loconte Partners, LLC v. Montgomery & Associates, Inc. and Landmark American Ins. Co.

Loconte Partners, LLC v. Montgomery & Associates, Inc. and Landmark American Ins. Co.
(October 2011)

Peter J. Wanek received a defense verdict in the defense of a commercial roofing contractor who applied a sprayed polyurethane foam roofing system in contiguous warehouse buildings owned by the plaintiff.  Plaintiff claimed that the roofs were defective and caused damage to the interior, as well as caused certain economic losses to its business.  The plaintiff claimed damages to the roof in the amount of approximately $540,000, as well as additional incidental damages of just under $200,000.  The jury in St. Bernard parish deliberated less than an hour before rendering a verdict for the defendants.

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Julie Bickett v. Walgreens

Julie Bickett v. Walgreens
(July 2011)

Devin Fadaol and Heather Shockley won a victory for Walgreens in a one day bench trial before Judge William Morvant in Baton Rouge. The plaintiff incurred $24,000.00 in medical bills and underwent an open reduction and hardware placement surgery to repair a fractured radius. Walgreens tried the case on liability and the Judge returned a defense judgment finding Walgreens not at fault.

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Michael R. Duncan v. Ford Motor Company

Michael R. Duncan v. Ford Motor Company
(June 2011)

Plaintiff sued Ford Motor company, alleging the failure of his vehicle’s airbag to deploy in an accident caused his injuries. Keith McDaniel successfully obtained summary judgment in the trial court. On June 10, 2011, the Louisiana First Circuit Court of Appeals affirmed the summary judgment, providing written reasons.

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Reno Gregoire, Jr. v. RSUI/Landmark American Insurance Company

Reno Gregoire, Jr. v. RSUI/Landmark American Insurance Company
(May 2011)

Michael Sistrunk and Devin Fadaol won a victory for RSUI and Landmark American Insurance Company in this personal injury lawsuit. Michael Sistrunk successfully argued in the Motion for Summary Judgment hearing that there is no coverage or duty to defend under the assault and battery exclusion in the Landmark American Insurance Company policy. Judge Kirk Vaughn in Chalmette granted the MSJ dismissing RSUI and Landmark American Insurance Company from the lawsuit.

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Maloney Gaming Management, LLC v. St. Tammany Parish

Maloney Gaming Management, LLC v. St. Tammany Parish
(May 2011)

Maloney Gaming Management, LLC sued St. Tammany Parish, alleging that the Parish violated its due process rights under the Louisiana Constitution in enacting an ordinance that prohibits video bingo in the unincorporated areas of St. Tammany Parish. Plaintiff also alleged that it relied to its detriment on the state of the law prior to the ordinance, and expended significant sums in renovating properties that it planned to lease to charitable organizations that would have operated video bingo parlors. The Parish filed a motion to dismiss the action on the grounds that the ability to operate video bingo parlors is a revocable privilege, and not a protected property right. The Parish further argued that plaintiff, as a commercial lessor, was prohibited by law from operating video bingo, and could not reasonably rely that a third party would be allowed to conduct video bingo in the future. Although the district court denied the motion to dismiss, Tommy Anzelmo, Kyle Kirsch, and Lannie Gwartney assisting on the appeal, successfully appealed the ruling to the Louisiana First Circuit Court of Appeal, who overruled the trial court and ordered the dismissal of the plaintiff’s claims against the Parish.

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Amy Ochello v. RSUI/Landmark American Insurance Company

Amy Ochello v. RSUI/Landmark American Insurance Company
(April 2011)

Michael Sistrunk and Devin Fadaol won a victory for RSUI and Landmark American Insurance Company in this personal injury lawsuit alleging brain damage to the plaintiff. Michael Sistrunk successfully argued in the Motion for Summary Judgment hearing that there is no coverage or duty to defend under the assault and battery exclusion in the Landmark American Insurance Company policy. Judge Rosemary Ledet in New Orleans granted the MSJ dismissing RSUI and Landmark American Insurance Company from the lawsuit.

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Aluminum Fabrications v. St. Charles Gardens Association

Aluminum Fabrications v. St. Charles Gardens Association
(April 2011)

Donna Wood of McCranie Sistrunk represented the defendants in a case that after the plaintiffs rested their case, Judge Landrieu  granted defendant’s Motion for Directed Verdict, dismissing plaintiff’s breach of contract claim.

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