News and Events2018-11-30T12:40:33-06:00

Robert McMorris v. Winn-Dixie

Devin Fadaol and Samantha Simmons won a victory for Winn-Dixie in this personal injury lawsuit.    Devin and Samantha successfully argued lack of constructive notice and fraud during oral argument on the Motion for Summary Judgment.  Judge Vincent J. Lobello granted the MSJ dismissing plaintiff’s lawsuit with prejudice.

Yanicet Garrido v. Walmart

Devin Fadaol and Denman Mims won a victory for Walmart in this personal injury lawsuit alleging multiple surgical injuries and disability.   Devin Fadaol successfully argued lack of liability using video footage evidence during oral argument on the Motion for Summary Judgment hearing.  Judge Danyelle M. Taylor granted the MSJ dismissing the plaintiff’s lawsuit

Stephen D. Faucheux v. Cumulonimbus, LLC, et al

Stephen D. Faucheux v. Cumulonimbus, LLC, et al. Motion for Summary Judgment granted on a premises liability claim. The trial court found no liability for the property owner for an ATV accident on the defendant’s property. Plaintiff argued that a low-hanging wire from a fence post caused him to fall off his ATV and that the wire was defective because it created a hazardous condition on the property and an unreasonable risk of harm. Plaintiff retained a liability expert who opined that the low-hanging wire created a hazardous condition because it was defectively installed and designed. Defendants argued […]

Louisiana Stadium & Exposition District, et al. v. BFS Diversified Products, et al., 49 So.3d 49 (La.App. 4 Cir. 2010)

Following the destruction of the roof of the Louisiana Superdome during Hurricane Katrina in 2005, the Louisiana Stadium & Exposition District and its insurers filed suit against RoofTech, who was a roofing consultant on the Superdome roofing project from 2000-2002, along with other subcontractors on the project, for the deficient design of the roof system. RoofTech’s professional liability insurer provided a defense under the terms of its policy. However, USF&G, RoofTech’s commercial general liability insurer, refused to provide RoofTech a defense based on the CGL policy’s professional services exclusion. RoofTech filed a third-party demand against USF&G for defense […]

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Meunier v. Home Depot USA, Inc.

Lance B. Williams and Briana E. Whetstone obtained a dismissal on behalf of MMDI, Inc. in a products liability matter based on the Eastern District Court of Louisiana’s lack of personal jurisdiction. Plaintiff brought suit alleging MMDI was liable for personal injuries caused when a trailer’s handle came loose and struck him in the nose. The subject trailer was manufactured by MMDI in North Carolina and then sold to another North Carolina company and delivered to South Carolina. Federal Judge Carl J. Barbier dismissed the plaintiff’s claims against MMDI after agreeing that plaintiff failed to show that MMDI […]

Yvette Pacaccio v. Steven Hoover, et al.

Yvette Pacaccio v. Steven Hoover, et al. Motion for Summary Judgment granted on plaintiff’s premises liability claim. The trial court found no liability for adjoining property owner for catastrophic ATV accident which left a young man with severe and debilitating brain injuries. The accident occurred during graduation party on neighboring property. Plaintiff argued the adjoining landowners had garde over an ATV trail and failed to properly maintain the alleged trail. The court found no legal duty where the adjoining property owners did not host or supervise the party, did not own, control, or have custody of the parcel […]

Article Published in ABA LITIGATION NEWS, Summer 2019

Growing Patchwork of Biometric Privacy Laws
Court lowers bar for standing, interpreting “aggrieved person” broadly

by Kristen L. Burge

Fingerprints, retinal scans, and facial recognition software offer additional security measures and efficiency for consumers. But unlike a password or barcode, biometric identifiers cannot be changed in the event of a breach. As businesses gravitate toward biometrics, states grapple with how best to protect individuals’ biometric privacy. Illinois was the first to enact a comprehensive framework regulating the collection, use storage, and disclosure of biometric information the Biometric Information Protection Act (BIPA). To date, it is also the only biometric privacy statute to grant “aggrieved persons” a private cause of action. […]

Article Published in USLAW Magazine, Spring 2019

A Solution in Search of a Problem: Discord Over Proposed Changes to Corporate Depositions
by Keith McDaniel & Kristen Burge

At some point, your corporate client will face a notice for a corporate deposition. Federal Rule 30(b)(6), which governs these depositions, is primed for its first substantive change in nearly 50 years. The proposed amendments will affect organizations of all sizes, in all industries, and in all aspects of litigation. Therefore, it is important to understand the implications of the rule and the potential opportunities to level the playing field should the amendment pass as expected. Read Article

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