We have significant commercial litigation
experience. Our litigators
have handled some of the most challenging and interesting business
litigation projects in our region, including winning one of the largest NASD arbitration awards ever given ($22 million), on behalf of 32 Exxon retirees; and representing
SMG in a challenge by the New Orleans Saints of the Saints’
lease of the Superdome, IBM in a multi-district patent litigation
relating to hard disc drives, Manpower in the defense of claims,
including class action claims, arising out of the Kaiser plant explosion,
The Times-Picayune and The Associated Press in access issues arising
out of the trial of former Louisiana Governor Edwin Edwards, the
State of Louisiana in various actions to collect tens of millions
of dollars of disputed corporate taxes, and First Guaranty Bank
in its defense of Hibernia’s suit to compel the sale of First
Guaranty to Hibernia.
We regularly represent The Times-Picayune, L.L.C. in libel, defamation, invasion of privacy and similar cases as well as public record and access disputes. We have also represented CNN, The New York Times, The Associated Press and Capital City Press, publisher of The Baton Rouge Advocate, in various access matters. Some of the matters we have recently handled include:
Jane and John Does v. Charles C. Foti, Attorney General for the State of Louisiana, Eddie Jordan, District Attorney for the Parish of Orleans, Frank Minyard, Coroner for the Parish of Orleans, and Rose Agnes Savoie, Cable News Network, Inc., The Times-Picayune, LLC, and Other Unknown Applicants for Information Under the Public Records Act. Representing Cable News Network and The Times-Picayune in a lawsuit concerning the public’s right of access to the investigatory file compiled by former Attorney General Charles Foti during his investigation into several deaths at Memorial Medical Center in the days following Hurricane Katrina. The matter was initially tried in 2007 and the records were ordered to be released. The Louisiana Supreme Court remanded the case in 2009 for a new trial on whether criminal litigation related to the deaths at Memorial is “reasonably anticipated.” That trial is expected to occur during the summer of 2010. Public disclosure of the Attorney General’s file will provide many sought after answers for the citizens of New Orleans and for the relatives of the deceased patients at Memorial Medical Center.
John F. Schwegmann, Mary Melinda B. Schwegmann, John Guy Schwegmann, Heidi Schwegmann, and Laurie Schwegmann Damare v. The Times-Picayune, LLC. Represented The Times-Picayune, LLC in a defamation suit filed by politician and businessman John Schwegmann. Mr. Schwegmann’s lawsuit alleged that he was defamed in two editorials authored by James Gill and published in The Times-Picayune. On behalf of The Times-Picayune, the firm filed a special motion to strike the suit and for attorney’s fees. The Court granted the motion and dismissed the case in May 2010.
William G. Armington, M.D. v Sheri Fink, M.D., et al. Retained in October 2009 to represent the New York Times Company, Propublica, and Sheri Fink in a defamation action arising out of an article titled “Strained by Katrina, Hospital faced deadly Choices,” written by Sheri Fink and published in the New York Times Magazine and online at nytimes.com and propublica.org. The firm successfully obtained a dismissal of the suit on preliminary motions and an award of attorney’s fees for the defendants. On April 13, 2010, the article won the Pulitzer for investigative reporting.
Hup Daniel Wemp v. The Times-Picayune, L.L.C. and Jarvis Deberry. Representing The Times-Picayune and Jarvis DeBerry in a defamation action filed by New Guinea native Hup Daniel Wemp. Mr. Wemp previously filed suit in New York against Jared Diamond alleging that an article published in The New Yorker Magazine defamed him. Mr. Wemp’s suit against The Times-Picayune and Mr. DeBerry arises out of an editorial authored by Mr. DeBerry and published in The Times-Picayune which references the Diamond article. The matter remains pending.
The Times-Picayune v. City of New Orleans Department of Police and Warren Riley. Represented The Times-Picayune in a suit filed against the New Orleans Police Department to enforce the public’s rights under the public records act with respect to the release of police reports and other records maintained by the NOPD. After substantial discovery, the NOPD made an offer to resolve the case. After additional discussions between The Times-Picayune and the NOPD, a settlement was reached. This case was important because it guaranteed that police reports would be released quickly and that other records providing statistics on crime in the City would also be released as they are created by the NOPD.
In re Search Warrant of 1922 Marengo. Represented The Times-Picayune in its successful effort to obtain the search warrant affidavit relative to the search of Congressman Jefferson’s home.
Luan Hunter v. Alvin Copeland. Represented The Times-Picayune in connection with access issues relating to this civil rights case filed by Luan Hunter against her ex-husband, Al Copeland, a former state court judge and others alleging that a conspiracy existed to fix the custody case between Ms. Hunter and Mr. Copeland.
Decorte v. Jordan. Represented The Times-Picayune in an intervention to obtain a transcript of the jury selection proceedings in a racial discrimination suit against Orleans Parish District Attorney Eddie Jordan.
Doe v. Crescent City Baptist. Successfully obtained vacatur of trial court order sealing the record in lawsuit by parents against school alleging that their daughter was sexually abused by a former teacher at the church-run school and imposing a gag order on the parties.
United States of America v. Bodenheimer and related cases. Represented The Times-Picayune in connection with the access issues relative to the prosecution of Jefferson Parish judges and related personnel regarding public corruption in the Jefferson Parish Court system.
United States of America v. Edwin Edwards. Represented The Times-Picayune and the Associated Press in connection with the trial of former Louisiana Governor Edwin Edwards regarding gag order issues, the release of audiotapes and videotapes and other evidence to the press and objections to sealing proceedings and pleadings.
United States of America v. James Harvey Brown. Represented the Associated Press and The Times-Picayune in briefing regarding First Amendment issues in case involving allegations of wrongdoing by the Louisiana Commissioner of Insurance.
Capital City Press v. Louisiana State University. Represented The Baton Rouge Advocate in its successful effort to obtain public records relating to LSU's search for an athletic director.
The Times-Picayune Publishing Corporation v. East Jefferson Levee District. Successfully obtained documents related to confidential settlement of sexual harassment claim against agency head.
In re Emmanuel Narcisse. Successfully obtained order from the Louisiana Fifth Circuit overturning a prior restraint in time to make the newspaper's publication deadline.
Mary Elizabeth Leger v. John N. Kent, D.D.S. Prevailed in public records suit against the L.S.U. Dental School concerning confidential settlement entered into by the Dental School with plaintiffs claiming Temporomandibular Joint (TMJ).
We have represented a number of defendants in class action litigation in various areas, including mass tort and securities litigation. Recent representations include:
Unger v. Amedisys, Inc. Defended Amedisys, Inc. against a securities class action suit brought by shareholders alleging that the company willfully manipulated its computer software to artificially inflate its earnings and enhance its stock price. After the district court certified the class, the Fifth Circuit Court of Appeals reversed and created a new rule regarding the burden of proof for market efficiency at the class certification stage. See Unger v. Amedisys, Inc., 401 F.3d 316 (5th Cir. 2005).
Romero v. US Unwired, Inc. et al. Defending US Unwired, Inc. (now part of Sprint PCS) against a class action suit brought by shareholders alleging securities fraud. The plaintiffs claim that the officers and directors of US Unwired failed to disclose their true opinions on the merits of plans and unfavorable trends that they presaged and, instead, misrepresented that management was “a proponent” of such plans and trends. The plaintiffs seek over $100 million in damages. The firm obtained a dismissal of the case by way of a motion to dismiss, but that ruling was reversed, in part, by the Fifth Circuit Court of Appeals. See Lormand v. US Unwired, Inc., 565 F.3d 228 (5th Cir. 2009). Since that appeal, the parties have reached a tentative settlement.
Barksdale Hortenstine v. Coxcom, Inc. Representing plaintiffs in a class action against Coxcom, Inc. (“Cox”) in connection with claims for antitrust violations arising from the illegal tying of set-top boxes to the purchase of digital cable. This case has been consolidated with other cases in an MDL proceeding that is currently proceeding in the Northern District of Oklahoma. The firm has been appointed as a member of the plaintiffs’ steering committee. On January 19, 2010, the Honorable Robin J. Cauthron denied the defendants’ motion to dismiss, and the case is currently proceeding toward class certification. Potential damages in this action could exceed one billion dollars.
Louisiana Firefighters’ Retirement System v. Northern Trust Investments. Representing the Louisiana Firefighters’ Retirement System, as class representative, in class action litigation against Northern Trust Investments, N.A. and Northern Trust Company. The class involved is a class of non-ERISA retirement plans for which the Northern Trust defendants conducted securities lending transactions. Class plaintiffs’ claims center on the actions of Northern Trust Investments, N.A., which acted as custodian of class plaintiffs’ funds, and Northern Trust Company, which acted as the securities lending agent for class plaintiffs’ funds. Specifically, class plaintiffs have alleged that the comprehensive securities lending program that the Northern Trust defendants created and operated was mismanaged by the defendants, resulting in financial loss to class plaintiffs.
Santopietro v. OCA, Inc. et al. Represented OCA, Inc. in a class action securities proceeding and governmental investigations arising out of allegations of accounting irregularities. The case was recently settled.
In re Kaiser Plant Explosion. Represented Manpower, Inc. in eighty suits, including over fifty class actions, alleging over $350 million in property damage and tens of millions in injury claims arising out of the Kaiser plant explosion. This matter settled during trial.
In re Merrill Lynch & Co., Inc. Auction Rate Securities Marketing Litigation. Representing the Louisiana Stadium and Exposition District (“LSED”) and the State of Louisiana against Financial Guaranty Insurance Corporation and Merrill Lynch, Pierce, Fenner & Smith, Inc. in connection with claims for losses relating to approximately $240 million in auction rate securities issued by the LSED. Specifically, the LSED and the State have asserted claims for losses suffered as a result of the collapse of FGIC’s credit rating, which rendered worthless the credit enhancement and bond insurance policy for which the LSED paid approximately $13 million; Merrill Lynch’s misrepresentations and omissions in connection with the structuring and issuance of the bonds; and Merrill Lynch’s improper conduct in the auctions for the bonds. The damages at issue in the case are in the tens of millions of dollars. This matter has been transferred to a multi-district litigation (“MDL”) proceeding in the Southern District of New York and consolidated with at least ten other cases.
Papst v. IBM. Represented IBM in a complex MDL action alleging patent infringement by IBM and others regarding “clean chambers” in computer hard disk drives. The plaintiffs claimed damages in the hundreds of millions. The case was settled after several years of discovery.
Underwriters at Lloyds v. High Pressure Integrity. Represented an oilfield service company in claims arising out of an offshore rig explosion. The matter was tried to a jury verdict, with 6 percent fault assessed against our client.
James Minge V. Robert Cohen, et al. Represented TransGlobe Energy Corporation in class action litigation where plaintiff claimed that he was fraudulently induced to buy TransGlobe stock; obtained dismissal of client based on lack of personal jurisdiction.
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.
We regularly represent clients in products liability and tort actions in federal and state courts throughout Louisiana and elsewhere. Many of these actions are related to the oil field and the various large industrial facilities located in this region. Some recent projects include:
BP Oil Spill Catastrophe. Representing several claimants in connection with losses suffered as a result of the oil spilled into the Gulf of Mexico following an explosion of the Deepwater Horizon oil rig.
Black Elk Energy, LLC v. High Pressure Integrity, Inc. Representing Superior Energy in defense of claims arising out of an offshore well blowout.
The Dupuy Family LLC v. Robert Street Condominium Development. Represented owner of six-unit apartment building that was destroyed in a fire in a suit to recover damages from tortfeasor.
In re Kaiser Plant Explosion. Represented Manpower, Inc. in eighty suits, including over fifty class actions, alleging over $350 million in property damage and tens of millions in injury claims arising out of the Kaiser plant explosion. Settled during trial.
Underwriters at Lloyds v. High Pressure Integrity. Represented oilfield service company in claims arising out of offshore rig explosion. Subrogated claims by various plaintiffs in excess of $20 million. Tried to a jury verdict: 6 percent assessed against client.
Autodesk, Inc. v. Digimation. Represented Autodesk, Inc. in dispute against Digimation over investment in software company. Settled on confidential terms.
Carolyn Springman v. Michael Anthony Fasola. Represented mother of murdered teenager in wrongful death action. Verdict entered in favor of mother following two-day jury trial.
Patriot American Hospitality Partnership, L.P. v. Mississippi Land Holdings, Inc. Represented hotel owner in claim against entity from which it bought the hotel and others claiming that extensive termite damage in the structure was intentionally masked in advance of the sale.
Down South Entertainment, LLC v. SMG. Represented manager of the Louisiana Superdome in dispute with rap concert promoter over ticket revenues. Settled after four days of trial before a jury.
CSX Transportation, Inc. v. Progress Rail Services Corporation (settled). Represented Progress Rail in suit filed by CSX alleging product defect caused fire resulting in millions of dollars of damage.
We regularly represent both plaintiffs and defendants in securities litigation and arbitration, including broker-dealer disputes and public company disclosure litigation. Recent examples include:
Adams v. Securities America and David McFadden. Obtained an award of $22 million, one of the largest awards ever made in an NASD arbitration, on behalf of 32 Exxon Mobile retirees. This victory was covered extensively by the media including the Wall Street Journal, Reuters News Agency, the Associated Press, The Baton Rouge Advocate and others.
In re Merrill Lynch & Co., Inc. Auction Rate Securities Marketing Litigation. Representing the Louisiana Stadium and Exposition District (“LSED”) and the State of Louisiana against Financial Guaranty Insurance Corporation and Merrill Lynch, Pierce, Fenner & Smith, Inc. in connection with claims for losses relating to approximately $240 million in auction rate securities issued by the LSED. Specifically, the LSED and the State have asserted claims for losses suffered as a result of the collapse of FGIC’s credit rating, which rendered worthless the credit enhancement and bond insurance policy for which the LSED paid approximately $13 million; Merrill Lynch’s misrepresentations and omissions in connection with the structuring and issuance of the bonds; and Merrill Lynch’s improper conduct in the auctions for the bonds. The damages at issue in the case are in the tens of millions of dollars.
JP Morgan Securities, Inc. et al. v. Louisiana Citizens Property Insurance Corp. Representing Louisiana Citizens Property Insurance Corporation (“Citizens”) against JP Morgan Securities, Inc. and Bear Stearns & Co., Inc. in connection with claims for losses relating to approximately $300 million in auction rate securities issued by Citizens. Specifically, Citizens has asserted claims for losses suffered as a result of JP Morgan’s and Bear Stearns’ misrepresentations and omissions in connection with the structuring and issuance of the bonds; and JP Morgan’s and Bear Stearns’ improper conduct in the auctions for the bonds. The damages at issue in the case are in the tens of millions of dollars.
Unger v. Amedisys, Inc. Defended Amedisys, Inc. against a securities class action suit brought by shareholders alleging that the company willfully manipulated its computer software to artificially inflate its earnings and enhance its stock price. After the district court certified the class, the Fifth Circuit Court of Appeals reversed and created a new rule regarding the burden of proof for market efficiency at the class certification stage. See Unger v. Amedisys, Inc., 401 F.3d 316 (5th Cir. 2005).
Romero v. US Unwired, Inc. et al. Defending US Unwired, Inc. (now part of Sprint PCS) against a class action suit brought by shareholders alleging securities fraud. The plaintiffs claim that the officers and directors of US Unwired failed to disclose their true opinions on the merits of plans and unfavorable trends that they presaged and, instead, misrepresented that management was “a proponent” of such plans and trends. The plaintiffs seek over $100 million in damages. Fishman Haygood obtained a dismissal of the case by way of a motion to dismiss, but that ruling was reversed, in part, by the Fifth Circuit Court of Appeals. See Lormand v. US Unwired, Inc., 565 F.3d 228 (5th Cir. 2009). Since that appeal, the parties have reached a tentative settlement.
Santopietro v. OCA, Inc. et al. Represented OCA, Inc. in a class action securities proceeding and governmental investigations arising out of allegations of accounting irregularities. The case was recently settled.
Cole v. Newpark Resources, Inc. Defended Jim Cole, the former CEO of Newpark Resources Incorporated, in a class action securities suit and related SEC investigations arising out of alleged options back-dating and accounting fraud. The case also involved Mr. Cole’s claim under his employment agreement against Newpark and Newpark’s claims against Mr. Cole for indemnity. The case was resolved favorably to Mr. Cole by way of a confidential settlement.
Shepherd v. Hancock Securities. Obtained substantial arbitration award for customer of brokerage firm.
Marquart v. INNtraport International Corp. Defended INNtraport International Corp., a telecommunications company, in suit seeking stock options allegedly worth $20 million. 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 trial due to discovery irregularities.
The City of New Orleans v. Smith Barney Inc. and BT Alex. Brown Incorporated (dismissed after administrative closure). Represented Smith Barney Inc. and BT Alex. Brown Incorporated in dispute over fees charged in refinancing of City bonds (yield burning dispute).
James Minge v. Robert Cohen, et al. Represented TransGlobe Energy Corporation in class action litigation where plaintiff claimed that he was fraudulently induced to buy TransGlobe stock; obtained dismissal of client based on lack of personal jurisdiction.
We have often arbitrated disputes, particularly in securities and contract cases. We have participated in proceedings administered by the American Arbitration Association, the National Association of Securities Dealers and the New York Stock Exchange. Representative proceedings include:
Adams v. Securities America and David McFadden. Obtained an award of $22 million, one of the largest awards ever made in an NASD arbitration, on behalf of 32 Exxon Mobile retirees. This victory was covered extensively by the media including the Wall Street Journal, Reuters News Agency, the Associated Press, The Baton Rouge Advocate and others.
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.
New Orleans Saints v. SMG, et al. Defended manager of the Superdome against Saints' efforts to terminate its lease of the Louisiana Superdome.
Sugar Bowl v. Louisiana Stadium & Exposition District. Defended Superdome against allegations of breach of lease by the Sugar Bowl.
Forest Isle Apartments v. Orkin. Represented apartment owner in suit resulting from termite damage to 800-unit apartment complex. Obtained $1.75 million award.
SMG v. New Orleans Brass. Represented manager of new arena complex in multi-issue litigation with its then principal tenant.
Shepherd v. Hancock Securities. Obtained substantial arbitration award for customer of brokerage firm.
ISS Marine Services, Inc. v. RioGroup, LLC. Represented RioGroup in suit to enforce its right to receive second million dollar installment from ISS Marine pursuant to its sale of its interest in a business venture it previously operated with ISS Marine. Previously successfully defeated ISS Marine's request for preliminary injunction with respect to alleged breaches by RioGroup of non-competition provisions in the sale agreement.
Within the past several years, we have represented both businesses and insurance companies in coverage litigation. Recent examples include:
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.
In re ASCO Freight Management Warehouse Fire. Represented ASCO Freight Management in $17 million insurance coverage dispute with carriers over coverage for claims arising from a fire at ASCO’s Houston warehouse.
The Times-Picayune v. Factory Mutual Insurance Co. Represented The Times-Picayune in a coverage dispute against its insurer for claims arising out of Hurricane Katrina.
High Pressure Integrity, Inc. v. Lexington Insurance Company. Represented oilfield service company in claims against insurance carrier for failure to agree to defend or indemnify client for claims arising out of offshore rig explosion. Insurance carriers ultimately paid for defense and agreed to indemnify.
Hampton v. Provident Life and Accident Co. Represented plaintiff in disability insurance dispute involving benefits with a present value in excess of $750,000; obtained summary judgment awarding all past due benefits and penalties and attorney's fees.
Times-Picayune Publishing Corp. v. Zurich. Represented The Times-Picayune in suit versus fidelity bond carrier; obtained reversal of adverse trial court decision on coverage and recovered over $1 million in fraud losses.
We regularly represent the State of Louisiana in corporate income and franchise tax matters and are currently handling several such matters. We have handled some of the State's largest corporate tax disputes, including obtaining a $26 million jury verdict awarding taxes, interest and penalties, believed to be the largest jury award of its kind in Louisiana history. Representative projects include:
John Kennedy and State of Louisiana v. Tennessee Gas Pipeline Company. Represented the State’s Department of Revenue in a corporate income tax dispute and obtained a $26.6 million jury verdict including a 50 percent fraud penalty (the first of its kind in Louisiana).
BP Oil Supply Company v. Cynthia Bridges, Secretary of the Department of Revenue, State of Louisiana. Represented the Department from 2006 to 2009 in a franchise tax action involving BP Oil Supply Company and BP Products North America, Inc. The suit primarily concerned the proper tax treatment of certain intercompany payables. In August 2009, Fishman Haygood filed a motion for summary judgment on behalf of the Department. Shortly after that motion was filed, BP elected to apply for amnesty under a state amnesty program offered in the fall of 2009. As a result, BP paid in excess of $34 million dollars in taxes and interest to the State.
BP Products North America, Inc. v. Cynthia Bridges, Secretary of the Department of Revenue, State of Louisiana. Representing the Department in an action involving corporate income taxes alleged to be due from BP Products North America, Inc. The action concerns primarily the proper tax treatment of a $496 million dollar gain realized by BP when it sold the Alliance Refinery in Belle Chase, Louisiana. The suit seeks from BP taxes and interest in excess of $50 million dollars.
International Paper Company v. John N. Kennedy, Secretary of the Department of Revenue. Represented the Department in a multi-million dollar dispute with International Paper regarding the treatment of certain income under Louisiana law. The matter was settled on confidential terms.
Texaco Refining and Marketing East, Inc. [and various other Texaco entities] v. John Kennedy and State of Louisiana. Represented the Department in a corporate income and franchise tax dispute involving tens of millions of dollars. The matter was settled on confidential terms.
In addition to these matters, Fishman Haygood has represented the Department in multi-million dollar tax cases involving Florida Gas Company, Shell Oil Company, Lafarge North America, Argosy Gaming, United Artists and others.
Animal Welfare Institute, Center for Biological Diversity, Turtle Island Restoration Network, and Animal Legal Defense Fund v. BP America, et al. In the aftermath of the BP oil spill and in connection with Meyer Giltzenstein & Crystal, a noted animal rights firm, represented four national animal protection non-profit groups in seeking a temporary restraining order to enjoin BP and the Coast Guard from using controlled burns to dispose of oil until precautions were taken to protect endangered sea turtles. Assisted in negotiating a settlement by which qualified observers would be present for all burns, and the Coast Guard would issue standard protocols to ensure protection of turtles in connection with the burns.
McMillen v. Itawamba County School District. Served as co-counsel with the ACLU in high-profile suit filed in federal court against a Mississippi school district that prohibited a lesbian student from attending prom with a same-sex date. In a landmark preliminary ruling, the court held the school district’s policies violated the student’s First Amendment right of freedom of expression.
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.
Gilmore et al. v. Stalder. Represented Louisiana inmates who suffered abuse after being evacuated during Hurricane Katrina to a facility in Jena, Louisiana. Defeated a motion to dismiss based on qualified immunity, and obtained settlements on behalf of six defendants.
