Archive | December, 2012

Daryl King v. Unum Life Insurance Co. of America

Daryl King v.  Unum Life Insurance Co. of America
(December 2012)

Lauren A. Welch won a summary judgment in favor of Unum Life Insurance Company of America (“Unum”) on a long term disability claim governed by the Employee Retirement Income Security Act (“ERISA”).  In the suit, Darryl King argued that Unum improperly denied him disability benefits when a back injury prevented him from continuing his employment as a construction supervisor.  In its Motion, Unum argued that the medical restrictions issued by King’s treating internist, Dr. Charles Brunell, were overly restrictive.  Unum noted, in particular, that despite Dr. Brunell’s repeated assertions of restrictions and limitations, “physical findings [had] not revealed any dermatomal sensory loss, reflexes have been normal, and there has been no specific muscle weakness noted.”  Unum also had learned that King, a former special operations soldier, was running an international security consulting business which employed Dr. Brunell as its staff physician.    In the end, Judge Tucker Melancon found substantial evidence in the administrative record to support Unum’s decision to discontinue paying Long Term Disability benefits to plaintiff.  Accordingly, King’s claims were dismissed in their entirety.  Read the decision.

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Edith Harang v. Winn Dixie (Tangipahoa Parish; Amite, Louisiana)

Edith Harang v. Winn Dixie (Tangipahoa Parish; Amite, Louisiana)
(July 2012)

In July of 2012, Devin Fadaol and Heather Nagel won a victory for Winn Dixie Montgomery, LLC, in a premises liability lawsuit involving a plaintiff that tripped on an entrance mat at the front of the grocery store. The plaintiff alleged closed-head injuries and cognitive decline, allegedly the result of a “bunched up” entrance mat. Through the use of in-store video footage, we argued that there was no dangerous condition involving the entrance mat as evidenced by the numerous other customers that walked past the same area immediately before the plaintiff. The trial court judge granted Winn Dixie’s MSJ and dismissed the plaintiff’s lawsuit holding that plaintiff failed to meet her burden of proof that defendants created a defective condition.

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___v. Motel 6 (Orleans Parish)

___v. Motel 6 (Orleans Parish)
(March 2012)

In March of 2012, Devin Fadaol obtained a dismissal of plaintiff’s false-arrest lawsuit through Motion for Summary Judgment in New Orleans, Louisiana. The plaintiff argued that Motel 6 was liable for his emotional distress and physical injuries from being wrongfully incarcerated. Hotel employees called the police and reported a suspected crime based on an odor emanating from the plaintiff’s hotel room. The court granted the MSJ based on testimony from the arresting officers that they had probable cause to make the arrest when they noticed drug paraphernalia in the plaintiff’s hotel room.

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