Litigation

February 4, 2021

Hannula, Upchurch, and Mulholland Successfully Arbitrate Multi-state, Multi-million Dollar Construction Dispute

Brian Hannula, Caroline Upchurch, and Daniel Mulholland successfully arbitrated a national forest products company’s multi-million dollar construction dispute with a contractor arising out of two huge plant reconstructions in Alabama and Arkansas. The disputes involved warranty, contract, and payment claims.  The first arbitration – concerning the Arkansas plant and lasting a week in Little Rock – resulted in an award of damages and attorney fees for the company, and a rejection of  the contractor’s claims for payment. This victory resulted in an also immediate resolution of the second arbitration

January 20, 2021

Metcalf and Lewis Successfully Exclude Speculative Medical Testimony in Forestry Herbicide Case

The FormanWatkins forest products team continues its strong performance defending companies who have been sued for alleged personal injuries. Recently, FormanWatkins attorneys Joshua Metcalf and Chelsea Lewis argued successfully for the exclusion of two medical doctors in a herbicide spraying case where the plaintiffs sought to use the doctors to establish a causative link between the herbicide at issue and the plaintiffs’ alleged injuries.

January 14, 2021

FormanWatkins Team Wins Summary Judgment in West Virginia Debut

FormanWatkins attorneys Fred Krutz, Brian Hannula, and Andrew Stubbs started off 2021 strong with a summary judgment win in West Virginia! The case was the first of six coal mining claims filed against the same respirator manufacturer to reach the summary judgment stage.

October 15, 2020

Summary Judgment Won in Arkansas Federal Court

Jennifer Studebaker won summary judgment on behalf of a railroad company in Arkansas Federal Court in a case where the Plaintiff alleged he contracted bladder cancer and leukemia resulting from his workplace exposure to cancer-causing substances.

September 28, 2020

Defense Verdict in North Carolina Jury Trial

Tim Gray obtained a defense verdict for a FormanWatkins client in the United States District Court for the Western District of North Carolina. Plaintiff alleged that his leukemia was caused by exposure to a chemical the firm’s client sold to a product manufacturer in the 1970s that incorporated the chemical into its product. 

September 1, 2020

Oregon Ct. of Appeals Affirms Grant of New Trial for Firm Client

On August 26, 2020, the Oregon Court of Appeals affirmed the trial court’s grant of a new trial to our client, finding that plaintiff’s counsel engaged in misconduct by failing to produce asbestos bankruptcy trust affidavits that proved alternative asbestos exposures, and that plaintiff’s counsel’s misconduct “materially affected” our client’s rights at trial. 

May 29, 2020

MS Supreme Court Affirms Complete Dismissal of Alleged Price-Fixing Case

On April 30, 2020, the Mississippi Supreme Court affirmed the complete dismissal of claims against clients represented by FormanWatkins attorneys Fred Krutz and Daniel Mulholland in a case brought by the Attorney General of Mississippi regarding alleged price-fixing of Automotive Wire Harness Systems used in automobiles.  The State sued several companies alleging violations of the Mississippi Consumer Protection Act (“MCPA”), the Mississippi Antitrust Act (“MAA”), and a civil conspiracy to violate both Acts. 

May 8, 2020

Giallourakis, Metcalf, and Maron Win Summary Judgment

Nick Giallourakis, Joshua Metcalf, and Ruth Maron won summary judgment on behalf of our client in a King County, Washington living mesothelioma premises liability case on May 6, 2020. Working together with attorneys from Bullivant Houser Bailey, FormanWatkins convinced the Court that the plaintiff’s claims against our client should be dismissed in their entirety because the plaintiff could not present any evidence to support his household exposure claims against our client, rather, his claims were “based on speculation and conjecture.” The Court also noted that the plaintiff conceded that any exposure claims based on his own employment with our client were barred by Washington’s workers’ compensation exclusivity provision. This is a significant victory for our client, in particular in a jurisdiction that does not typically grant summary judgment to defendants. This case is set for trial on August 24, 2020.

April 14, 2020

Hannula and Upchurch Win Summary Judgment

Brian Hannula and Caroline Upchurch, members of our commercial litigation group, worked with attorneys from Parsons McEntire McCleary to win summary judgment on behalf of a commercial real estate broker in a fraud/misrepresentation case pending in Harrison County, Mississippi. The plaintiff alleged multiple defendants made fraudulent misrepresentations about occupancy rates during a multi-million dollar real estate transaction and sought more than $3 million in damages. After reviewing the briefs and hearing oral arguments, the Circuit Court Judge determined the plaintiff failed to produce evidence that the broker (1) made any false statements, (2) had knowledge of the allegedly fraudulent representations, or (3) participated in the alleged falsification of rent roll data.

March 19, 2020

Gault and Ritchie Complete Successful Jury Trial

Win Gault and Spencer Ritchie completed a successful jury trial for an international oil field supply company in the U.S. District Court for the Southern District of Mississippi. The plaintiff claimed almost $10 million for property damage to its business and clean-up costs resulting from a spill of hydrochloric acid.