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We have significant commercial litigation
experience. Some of the current challenging and interesting business litigation projects that the firm is handling include representing: municipal bond issuers, in connection with claims for damages in the tens of millions of dollars against the investment banks and underwriters that misrepresented and omitted material facts about the structure of auction rate securities; Berk-Cohen Associates, the owner of New Orleans' largest apartment complex, against its insurer seeking damages and penalties as a result of the insurer's refusal to pay for lost business income and property damage following Hurricane Katrina; the Louisiana Department of Revenue, in an action to collect over $50 million in taxes and interest from BP Products North America; Warrior Energy Services Corporation, a subsidiary of Superior Energy, in litigation arising from an alleged oil well blowout; several investors, in claims against their investment advisors and/or broker-dealers; and CNN 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.
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We regularly represent both plaintiffs and defendants in securities litigation and arbitration, including broker-dealer disputes and public company disclosure litigation. Recent examples include:
In re Merrill Lynch & Co., Inc. Auction Rate Securities Marketing Litigation. The firm is 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. The firm is 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.
Adams v. Securities America and David McFadden. The firm obtained an award of $22 million, one of the largest awards ever made in an NASD (non FINRA) 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.
Medical Capital Notes. The firm is representing several investors in connection with claims for losses involving misrepresentations and omissions relating to Securities America's sales of Medical Capital Notes. The investors have alleged that Securities America and its representatives failed to conduct adequate due diligence on the product and ignored obvious red flags about the product prior to selling it to the investors. The investment turned out to be a Ponzi scheme and the investors lost millions of dollars. On behalf of the investors, the firm recently defeated Securities America's attempt to force the investors to participate in a paltry, non-opt class action settlement in lieu of their arbitration claims.
Stanford International Bank CDs. The firm is currently representing multiple plaintiffs, who invested in financial instruments issued by the Stanford Group Companies, against the individual brokers who sold the instruments to the plaintiffs, against the brokers' insurer, Lloyds of London, against Pershing, LLC, the clearing broker for the brokers' transactions, against SEI Investments, Inc., the trustee for certain assets that were held in trust for the plaintiffs, and Kroll, Inc., the company that Stanford hired to conduct investigations on its behalf. Plaintiffs' claims primarily arise out of losses they incurred from the collapse of the Stanford International Bank and the resulting worthlessness of Stanford International Bank Certificates of Deposit ("CDs"), of which the plaintiffs held many millions of dollars worth. Specifically, the plaintiffs have alleged that the individual brokers failed to adequately investigate the safety, security and liquidity of the CDs and failed to adequately warn the plaintiffs when red flags emerged about the viability of the CDs. Plaintiffs allege that Pershing worked together with the brokers to support the sale of these CDs.
Citigroup ASTA and MAT Funds. The firm is representing investors in connection with claims for losses relating to Citigroup's sale of its ASTA and MAT Funds. The funds were marketed to high net worth investors as higher yielding alternatives to conventional municipal bond portfolios with a minimal increase in risk. But in reality, the funds exposed investors to a great deal of risk, which was in no way justified by the expected returns. In early 2008, investors lost millions of dollars.
Bluebonnet Hotel Ventures, LLC v. Wachovia Bank, N.A. and Wells Fargo & Co. The firm is currently representing Bluebonnet Hotel Ventures, LLC ("Bluebonnet") in connection with claims for losses relating to an interest rate swap covering a $40 million bond issuance between a hotel developer corporation and Wachovia. Specifically, Bluebonnet has asserted claims for losses suffered as a result of Wachovia's negligence, as well as error, failure of cause, and detrimental reliance. The damages in the case are in the millions of dollars.
Unger v. Amedisys, Inc. The firm 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. The firm defended 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 reached a settlement.
Santopietro v. OCA, Inc. et al. The firm 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. The firm 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. The firm obtained a substantial arbitration award for customer of brokerage firm.
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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. The firm is 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." 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. The firm 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.
William G. Armington, M.D. v. Sheri Fink, M.D., et al. The firm was 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.
The Times-Picayune v. City of New Orleans Department of Police and Warren Riley. The firm 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. The firm 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. The firm 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. The firm 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. The firm 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. The firm 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. The firm 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. The firm 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. The firm 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. The firm successfully obtained documents related to confidential settlement of sexual harassment claim against agency head.
In re Emmanuel Narcisse. The firm 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. The firm prevailed in this public records suit against the LSU Dental School concerning a confidential settlement entered into by the Dental School with plaintiffs claiming Temporomandibular Joint (TMJ).
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We have represented a number of clients in class action and/or mass action litigation in various areas, including securities litigation. Recent representations include:
Unger v. Amedisys, Inc. The firm 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. The firm is 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.
BP Oil Spill Catastrophe. The firm is representing several commercial claimants in connection with losses suffered as a result of the oil spilled into the Gulf of Mexico following the explosion on the Deepwater Horizon oil rig.
Barksdale Hortenstine v. Coxcom, Inc. The firm is 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. Damages in this action could exceed one billion dollars.
Louisiana Firefighters' Retirement System v. Northern Trust Investments. The firm is 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. The firm 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. The firm 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. The firm is 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. The firm 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. The firm 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. The firm represented TransGlobe Energy Corporation in class action litigation where plaintiff claimed that he was fraudulently induced to buy TransGlobe stock. The firm obtained dismissal of client based on lack of personal jurisdiction.
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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. The firm 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.
Berk-Cohen Associates v. Landmark American Insurance Company. The firm is 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. Following a bench trial in February 2010, the court issued a judgment awarding Berk-Cohen its full remaining business interruption policy limits of approximately $1.5 million, statutory penalties of approximately $775,000, plus judicial interest and attorney's fees. The insurance company appealed the district court's judgment, and, in July 2011, the Fifth Circuit Court of Appeals upheld the $1.5 million damages award.
Woman's Hospital Foundation v. National Public Finance Guarantee Corporation and Financial Guaranty Insurance Company. The firm currently represents Woman's Hospital Foundation of Baton Rouge, Louisiana, the largest provider of obstetric, neonatal, and gynecology services in Louisiana, in a breach of contract action against bond insurance companies National Public Finance Guarantee and Financial Guaranty Insurance Company. The action, which is pending in the U.S. District Court for the Middle District of Louisiana, alleges that the defendants caused the hospital to incur more than $2.5 million in interest-related expense by refusing to sign-off on a $350 million bond issue.
New Orleans Saints v. SMG, et al. The firm 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. The firm 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. The firm 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). The firm 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. The firm 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. The firm 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. The firm 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. The firm 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. The firm represented development company in a dispute against the 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. The firm represented the New Orleans Metropolitan Convention and Visitors Bureau in lawsuit to enforce the National Association of Home Builders agreement to hold conventions in New Orleans. Settled.
ISS Marine Services, Inc. v. RioGroup, LLC (settled). The firm 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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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 fields and the various large industrial facilities located in this region. Some recent projects include:
BP Oil Spill Catastrophe. The firm currently represents several commercial claimants in connection with losses suffered as a result of the oil spilled into the Gulf of Mexico following the explosion on the Deepwater Horizon oil rig.
Black Elk Energy, LLC v. High Pressure Integrity, Inc. The firm is representing Superior Energy in defense of claims arising out of an offshore well blowout.
The Dupuy Family LLC v. Robert Street Condominium Development. The firm represented the owner of a six-unit apartment building that was destroyed in a fire in a suit to recover damages from tortfeasor.
In re Kaiser Plant Explosion. The firm 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. The firm 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. The firm represented Autodesk, Inc. in dispute against Digimation over investment in software company. Settled on confidential terms.
Carolyn Springman v. Michael Anthony Fasola. The firm represented the mother of a murdered teenager in a wrongful death action. The verdict entered in favor of the mother following a two-day jury trial.
Patriot American Hospitality Partnership, L.P. v. Mississippi Land Holdings, Inc. The firm 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. The firm represented the 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). The firm represented Progress Rail in suit filed by CSX alleging product defect caused fire resulting in millions of dollars of damage.
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We have often arbitrated disputes, particularly in securities and contract cases. We have participated in proceedings administered by the American Arbitration Association, JAMS, Inc., FINRA and the New York Stock Exchange. Representative proceedings include:
Adams v. Securities America and David McFadden. The firm obtained an award of $22 million, one of the largest awards ever made in an NASD (non FINRA) 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.
JP Morgan Securities, Inc. et al. v. Louisiana Citizens Property Insurance Corp. The firm is 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.
Choice Foundation v. Mosaica Education, Inc. The firm 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. The firm defended the manager of the Superdome against the Saints' efforts to terminate its lease of the Louisiana Superdome.
Sugar Bowl v. Louisiana Stadium & Exposition District. The firm defended the Superdome against allegations of breach of lease by the Sugar Bowl.
Forest Isle Apartments v. Orkin. The firm represented an apartment owner in a suit resulting from termite damage to an 800-unit apartment complex. The firm obtained a $1.75 million award.
SMG v. New Orleans Brass. The firm represented the manager of a new arena complex in a multi-issue litigation with its then principal tenant.
Shepherd v. Hancock Securities. The firm obtained a substantial arbitration award for customer of a brokerage firm.
ISS Marine Services, Inc. v. RioGroup, LLC. The firm represented RioGroup in a 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. The firm 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.
In addition to these matters, Fishman Haygood regularly represents investors in arbitration proceedings against broker-dealers and investment advisors.
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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. The firm is 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. Following a bench trial in February 2010, the court issued a judgment awarding Berk-Cohen its full remaining business interruption policy limits of approximately $1.5 million, statutory penalties of approximately $775,000, plus judicial interest and attorney's fees. The insurance company appealed the district court's judgment, and, in July 2011, the Fifth Circuit Court of Appeals upheld the $1.5 million damages award.
In re ASCO Freight Management Warehouse Fire. The firm represented ASCO Freight Management in a $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. The firm 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. The firm 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. The firm represented plaintiff in a 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. The firm represented The Times-Picayune in suit versus fidelity bond carrier. The firm obtained a reversal of adverse trial court decision on coverage and recovered over $1 million in fraud losses.
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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. The firm 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. The firm 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. The firm is 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. The firm 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. The firm 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.
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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, the 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. The firm 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. The firm 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. The firm represented the 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. The firm 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.
Gilmore et al. v. Stalder. The firm 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.
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