Litigation

May 22, 2019

Toman and Diesa Win Summary Judgment in Asbestos Litigation

New Jersey partners Tom Toman and Nicole Diesa recently won a summary judgment motion in New Jersey asbestos litigation.  Despite a tentative decision to deny the motion, the Court eventually granted summary judgment and found that based upon a failure to establish causation, plaintiff could not submit a legally sufficient case against the manufacturer of electrical products represented by FormanWatkins.  Ms. Diesa wrote the winning briefs, and Mr. Toman gave the oral argument.

April 8, 2019

Wilson and Ritchie Speak at Human Resource Law from A to Z Seminar

Malissa Wilson and Spencer Ritchie were speakers at the Human Resource Law from A to Z seminar, held March 27-28, 2019, in Pearl, Mississippi. The basic-to-intermediate level seminar provided a comprehensive overview of current issues in human resource law for attorneys, Human Resource and financial professionals, and other business executives.  Wilson and Ritchie spoke about discrimination and harassment; workplace behavioral issues; workplace privacy and employee monitoring; and, disciplining and firing employees. Click here to learn more about FormanWatkins’ Labor & Employment practice.

April 5, 2019

Wilson and Hunt Win Summary Judgment in Insurance Coverage Dispute Case

Malissa Wilson and Courtney Hunt won summary judgment in a case involving an uninsured/underinsured coverage dispute. The plaintiffs were seeking $3 million in uninsured/underinsured coverage. The Court dismissed plaintiff’s complaint on the ground that the policies in dispute had been properly non-renewed and were not in effect at the time of the accident.

April 2, 2019

Wilson and White Obtain Favorable Ruling in Smith County Circuit Court

Malissa Wilson and Taylor White obtained a favorable ruling on a motion for judgment on the pleadings in Smith County Circuit Court in a motor vehicle accident case.  The Court dismissed the plaintiff’s complaint on the ground that her claims were barred by a previous Release and Settlement Agreement, under which she accepted settlement proceeds in full satisfaction of any claims related to the accident.

March 7, 2019

Gault and Banks Win TCPA Arbitration

On February 27, 2019, Win Gault and Jake Banks successfully obtained a defense verdict in a Telephone Consumer Protection Act (“TCPA”) arbitration.  The claimant maintained she received nearly 1400 unauthorized debt collection calls and sought statutory treble damages totaling nearly $2 million.  At the arbitration, both sides presented fact and expert testimony on the defendant company’s software system.  After hearing testimony and reviewing post-arbitration briefs, the Arbitrator concluded the claimant was entitled to nothing because the software system did not meet the statutory definitions under the TCPA.  Additionally, the Arbitrator addressed the claimant counsel’s call-baiting activities designed to increase the numbers of calls claimant received.  Specifically, the claimant’s counsel called the defendant company with the claimant on the call, instructed claimant to read a script, did not notify the company that he was on the calls, and secretly taped the discussions.  The Arbitrator called this conduct “deceptive”. Gault and Banks presently have TCPA arbitrations scheduled in five states in 2019.

February 4, 2019

Jury Finds Scooter Not Plugged Up, Did Not Blow Up

Malissa Wilson and Joshua Metcalf recently achieved a rare jury trial defense verdict in Claiborne County (MS) Circuit Court on behalf of the manufacturer of an electric scooter.  The products liability case involved allegations that the battery in an unplugged electric scooter combusted and caused the complete destruction of the plaintiffs’ home.  At trial, the plaintiffs sought to recover damages for the loss of their home and its contents.  Malissa and Joshua presented testimony from a certified fire and explosion investigator, as well as the client’s director of research and development, to demonstrate not only that the scooter and its battery were safe and could not have caused the fire, but also that the most likely cause of the fire was a propane gas heater in the same room as the scooter.  Convinced by the evidence and the arguments presented, the jury returned a defense verdict in less than an hour-and-a-half.  Assisting Malissa and Joshua in trial preparation were Courtney Hunt and Taylor White.

January 30, 2019

Gault and Ritchie Obtain Bench Trial Verdict

Win Gault and Spencer Ritchie obtained a bench trial verdict in favor of an oil and gas company in a contractual indemnity action pending in the Eastern District of Louisiana. The Court awarded our client contractual damages, attorney fees, prejudgment interest, and post-judgment interest totaling more than $800,000.

January 22, 2019

Gault and Banks Obtain Summary Judgment in TCPA Case

On January 11, 2019, Win Gault and Jake Banks won summary judgment in an arbitration regarding claims under the Telephone Consumer Protection Act.  Claimant sought statutory treble damages and penalties, claiming Respondent made unauthorized telephone calls to her cellular phone number to collect a delinquent debt.

December 19, 2018

Gault and Banks Finish TCPA Arbitration

Win Gault and Jake Banks recently finished an arbitration of a claim brought under the Telephone Consumer Protection Act (“TCPA”).  The arbitrator is expected to rule in February.  Win and Jake have multiple TCPA arbitrations scheduled next year throughout four states…