Commercial / Construction Litigation & Arbitration – Case Results

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.

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.

The Paragon Lofts Condominium Owners Association, Inc. v. The Paragon Lofts, L.L.C., Ekistics, Inc., Edifice Construction, Inc., The Roof Doctors, Inc., and Minerit, Inc.
(February 2010)

Donna Wood was victorious on a motion for summary judgment dismissing claims against Cement Board Fabricators, Inc., and Lannie Gwartney assisted in successfully defending against the appeal of that judgment. The Paragon Lofts Condominium Association sought damages from the defendants arising from alleged construction defects related to the roof and exterior walls of the condominium’s penthouse. Edifice, who served as the general contractor, sought indemnity from Cement Board as the supplier of the Minerit board used in the construction. The Louisiana Fourth Circuit found that Edifice could not seek indemnity from Cement Board as a matter of law, because no contract of indemnity existed between Cement Board and Edifice. Further, the court found that there was no implied contract of indemnity, because Edifice was not free of fault, in that it deviated from the installation specifications. Finally, the court found that Edifice did not have a contribution claim against Cement Board because they were not solidary obligors.

Reginald Simon, et al. v. BASS, LLC
(December 2005)

Michael R. Sistrunk and Kyle P. Kirsch won a victory in favor of Anheuser Busch, Inc. in the case entitled Reginald Simon, et al. v. BASS, LLC, et al. in 17th Judicial District Court for the Parish of Lafourche. Plaintiffs sued Anheuser Busch, Inc. and other defendants for a severe back injury which required surgery that he sustained in a boating accident during the 2003 Bassmaster Classic. Plaintiffs’ claims against Anheuser Busch, Inc. were based on Anheuser Busch, Inc. being a promoter/sponsor of the 2003 Bassmaster Classic. The Motion for Summary Judgment was opposed by not only the plaintiff but also the defendants. However, the trial court ruled in favor of Anheuser Busch, Inc. placing stringent guidelines on when a promoter/sponsor of an event can be held responsible.

Creative Soft Solutions, LLC v. Soaring Eagle, Ltd.
(February 2005)

Kyle P. Kirsch won a victory in favor of Soaring Eagle in a case entitled Creative Soft Solutions, LLC v. Soaring Eagle Consulting, Ltd., Docket # 03-2874, before United States District Court for the Eastern District of Louisiana, District Judge Carl J. Barbier. The case involved a time and materials contract in which Soraing Eagle was to develop a state of the art software for the plaintiff. Creative Soft Solutions, LLC brought suit against Soaring Eagle for deceptive trade practices and breach of contract. Soaring Eagle brought a counterclaim against Creative Soft Solutions under Louisiana’s open account statute for failure to pay its invoices. The court after a trial on the merits dismissed Creative Soft Solutions, LLC’s claims against Soaring Eagle Consulting, Ltd. and rendered a judgment in favor of Soaring Eagle Consulting, Ltd. on its counterclaim awarding Soaring Eagle $200,797.02, plus interest, court costs and reasonable attorney’s fees.

Go Play, LLC, David Dominguez v. Rapid Fire
(July 2004)

McCranie Sistrunk Attorneys won a victory in favor of Rapid Fire in the case entitled Go Play, LLC, David Dominguez v. Rapid Fire in 1st Parish Court in Jefferson Parish. Mr. Tusa obtained a directed verdict in this commercial contract case, dismissing all of plaintiffs claims and at their cost.

Jesco Construction Corp. v. Nationsbank Corp., et al.
(October 2002)

Thomas P. Anzelmo and Kyle P. Kirsch on behalf of Underwriters at Lloyds of London, and Peter J. Wanek on behalf of Continental Casualty Company obtained dismissal of plaintiff’s claims in a case entitled Jesco Construction Corp. v. Nationsbank Corp., 830 So.2d 989 (La. 2002). The plaintiff, Jesco Construction Corporation, claimed that its damages from the failed loan resulted in damages amounting to $240,000,000.00. The trial court originally granted in part defendants’ Motion for Summary Judgment finding that no credit agreement existed. However, the district court refused to dismiss plaintiff’s remaining claims because it determined that the Louisiana Credit Agreement Statue did not preclude all actions arising from oral credit agreements. The denial of defendants’ motion was certified to United States Court of Appeal for the Fifth Circuit. The Fifth Circuit after oral argument certified the question to the Louisiana Supreme Court. See Jesco Construction Corp. v. Nationsbank Corp., 278 F.3d 444 (5th Cir. 2001). The Louisiana Supreme Court rendered a decision in favor of defendants’ finding that “[t]he Louisiana Credit Agreement Statute precludes all actions for damages arising from oral credit agreements regardless of the legal theory of recovery asserted.” Jesco Construction Corp. v. Nationsbank Corp., 830 So.2d 989, 992 (La. 2002). The Fifth Circuit after receiving the answer to its certified question from the Louisiana Supreme Court reversed the district court’s partial denial of defendants’ summary judgment motion and ordered the district court to enter summary judgment on all of plaintiffs’ claims. See Jesco Construction Corp. v. Nationsbank Corp., 321 F.3d 501 (5th Cir. 2003).