Adams v. Energizer Holdings, Inc, et al., WL 1791373 (S.D. Miss. April 19, 2013)
Obtained 12(b)(6) dismissal for Energizer Holdings, Inc., Energizer Battery Manufacturing, Inc., and Energizer Battery, Inc. in products liability action seeking compensatory and punitive damages for alleged injuries sustained by individual after handling allegedly defective batteries.
Cedatol v. Russell Brands, LLC, (2013) WL 2385189, S.D. Mississippi
Won summary judgment for seller of conveyer equipment in products liability case.
Insurance Coverage Disputes
Helped obtain summary judgment ruling that professional liability insurer owed insured law firm duty to defend in suit brought against law firm by attorney alleging that law firm failed to honor referral fee agreement (Shore Chan Bragalone DePumpo LLP v. Greenwich Insurance Co., 856 F.Supp.2d 891 (N.D. Tex. 2012))
Helped create law in Texas holding that insurers which wrongfully deny their insureds a defense forfeit the ability to challenge the reasonableness and necessity of the defense expenses incurred by the insured in the underlying suit (Shore Chan Bragalone DePumpo LLP v. Greenwich Insurance Co., No. 3:11-cv-891, 2012 WL 5250568, at *9-10 (N.D. Tex. Oct. 24, 2012))
Personal Injury Cases
Helped obtain dismissal of Texas suit to Mexico on forum non conveniens grounds for client in wrongful death suits in which over 250 plaintiffs sought damages for mental and physical injury as a result of injuries sustained in 2007 when a vehicular collision in Mexico caused a major explosion; represented company who manufactured mining explosive materials involved in accident; the Fifth Circuit affirmed such dismissal.
Corporate Mismanagement Dispute
Helped obtain favorable settlement for Surviving Officer of Debtors in bankruptcy adversary proceeding against company that managed Debtors prior to bankruptcy and against Debtors’ former officers and directors, involving allegations of fraud, breached contracts, and breached fiduciary duties. (2009-2011)
Government Contract Dispute
Assisted in representation of the country’s leading transportation planning and engineering firms in multi-million dollar contract dispute against a Texas county transportation authority concerning environmental impact study and preliminary engineering services for project to construct commuter rail corridor. (2010-2011)
Government Contract Dispute
Assisted in representation of national construction company in multi-million dollar contract dispute against government contractor-operator concerning construction project in Los Alamos, New Mexico. (2010-2011)
Government Bid Protest
Helped convince joint powers authority governed by five county-level transportation agencies that a multi-million dollar contract award to client, a railway signal parts manufacturer, to supply railway signal parts for California cities was in compliance with applicable regulations, thereby enabling client to retain contract. (2009)
Insurance Coverage Dispute
Helped convince multiple insurers of client, the owner of timber land who was defending against multi-million dollar class-action suit, that their respective commercial general liability and/or excess policies covered the alleged losses, resulting in full payment to client from insurers. (2009)
Copyright Infringement Cases
Helped obtain summary judgments for client, a performing rights organization who licenses thousands of music users, including radio and television networks, radio and television stations, restaurants, nightclubs, and other establishments on behalf of its nearly 300,000 members, against business owners in the following cases: