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Contracts
Because most of our litigation work is commercial in nature, we have litigated numerous contract disputes of various kinds, including options, purchase agreements, leases and various other contracts. Some recent examples include:
Choice Foundation v. Mosaica Education, Inc. Represented Choice Foundation, a non-profit organization formed for the purpose of overseeing a New Orleans charter school for impoverished inner-city children formed after Hurricane Katrina, against Mosaica Education, Inc., a private entity that runs schools for a profit. After terminating its contract with Mosaica, Choice initiated an arbitration proceeding against Mosaica seeking a declaration that it was justified in terminating the contract and money damages for Mosaica’s multiple breaches of the contract. Following an arbitration hearing, the arbitrator issued an award in favor of Choice, finding the termination of the contract to be lawful and effective, awarding damages to Choice in the amount of $250,000, and assessing to Mosaica all administrative fees and expenses of the arbitration.
Isidore Newman School v. J. Everett Eaves et al. Represented Isidore Newman School (“Newman”), a pre-K through 12th grade private school located in New Orleans, against Newman’s insurance broker in connection with Newman’s claims against its insurance broker for its uninsured losses stemming from Hurricane Katrina. Following a bench trial, the trial judge granted judgment in favor of Newman in the amount of approximately $950,000 (after accounting for Newman’s comparative fault). This case was one of the first and only cases in which damages were awarded against an insurance broker for the losses sustained by an insured as a result of Hurricane Katrina. See Isidore Newman School v. J. Everett Eaves, Inc., 08-1368 (La. App. 4 Cir. 8/5/09); 17 So. 3d 465. It is currently under advisement in the Louisiana Supreme Court.
Berk-Cohen Associates v. Landmark American Insurance Company. Representing the owner of the New Orleans area’s largest apartment complex in a suit against its insurance company seeking “policy limits” and other damages as a result of its business income losses following Hurricane Katrina. The matter went to trial in February 2010 and is currently under advisement.
New Orleans Saints v. SMG, et al. Represented SMG (the manager of the Superdome) in an arbitration proceeding initiated by the Saints in which the Saints sought to invalidate their lease with the Superdome on the basis that the Superdome was not a “first class facility” so that the team could relocate to another venue. The parties settled prior to the arbitration hearing, and New Orleans is still the home of the World Champion New Orleans Saints.
Forest Isle Apartments v. Orkin. Represented an apartment owner in a multi-million dollar arbitration resulting from termite damage to an 800-unit apartment complex. On behalf of the owner, the firm obtained a $1.75 million judgment after proving gross negligence and subsequently obtained a jury verdict against Orkin in a fraud action tried in federal court.
Hibernia Corporation and Hibernia National Bank v. First Guaranty Bank, et al. Represented First Guaranty Bank in a dispute in which Hibernia sought to compel enforcement of a written agreement merging First Guaranty Bank with Hibernia National Bank. The firm was able to protect the independence of First Guaranty Bank.
Ross v. Network Long Distance (settled during trial). Represented the former CEO of a public company in a suit to recover stock held pursuant to the Escrow Agreement.
James M. Huger v. James Morrison. Represented a major local real estate developer in litigation involving a garage project for the Ogden Museum. Settled immediately prior to trial.
Marquart v. INNtraport International Corp. Defended INNtraport International Corp., a telecommunications company, in suit seeking stock options allegedly worth $20 million. The case was tried to a hung jury and we were hired to take over the defense. Plaintiff ultimately agreed to dismiss his claims against INNtraport days before second trial due to discovery irregularities.
American Security Bancshares, Inc. et al. v. Hancock Holding Company and Hancock Bank of Louisiana. Represented American Security Bancshares, Inc. and American Security Bank of Ville Platte, Inc. in dispute seeking to enforce written agreement merging client with defendants, with defendants to be the surviving legal entities. Parties settled and the banks were merged.
Petroleum Communications, Inc. v. James R. Reineke. Represented Petroleum Communications, Inc., in a dispute with its chief operating officer who claimed to have a long-term employment contract with stock options. Settled for amount offered prior to litigation.
Federal Home Loan Bank of Dallas v. Calhoun. Represented Development Company in dispute against Federal Home Loan Bank of Dallas and Hibernia National Bank. Settled on confidential terms.
New Orleans Metropolitan Convention and Visitors Bureau v. National Association of Home Builders of the United States. Represented New Orleans Metropolitan Convention and Visitors Bureau in lawsuit to enforce National Association of Home Builders agreement to hold conventions in New Orleans. Settled.
ISS Marine Services, Inc. v. RioGroup, LLC (settled). Represented RioGroup in suit to enforce its right to receive a second million dollar installment from ISS Marine pursuant to its sale of its interest in a business venture it previously operated with ISS Marine. Successfully defeated ISS Marine's request for preliminary injunction with respect to alleged breaches by RioGroup of non-competition provisions in the sale agreement.
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