Fishman Haygood Trial Team Excludes Experts, Successfully Argues for Case Dismissal

On May 17, 2024, Judge Ellen M. Hazeur of the Orleans Parish Civil District Court dismissed a case on summary judgment in favor of Fishman Haygood’s client, an attorney and law firm accused of legal malpractice. The case involved allegations that a purported conflict of interest caused the plaintiffs’ start-up business idea to fail.

Though the case had a host of weaknesses, Fishman Haygood’s strategy was to have it dismissed because the plaintiffs could not prove damages. Step one was to have the plaintiffs’ industry expert excluded under Daubert. Step two was to then have plaintiffs’ damages expert excluded because this expert relied exclusively on the industry expert’s opinions. With no expert testimony to bolster the plaintiffs’ damages case, Judge Hazeur dismissed the case entirely.

Fishman Haygood attorneys Jim Swanson, John Bel Edwards, Rebekka Veith, Hogan Paschal, and Lara Richards represented the defendants. Sharonda Williams, General Counsel and Director of Government Affairs at Loyola University New Orleans, joined the team on behalf of the firm’s client.

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