Litigation

October 15, 2020

Summary Judgment Won in Arkansas Federal Court

Jennifer Studebaker and Malissa Wilson 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.  Plaintiff failed to timely disclose experts to prove his claims and made an untimely request to the Court to extend the deadline.  The Court firmly rejected Plaintiff’s reasons for missing the expert disclosure deadline, which were related to the COVID-19 pandemic.  Consequently, the Court denied the Plaintiff’s Motion to Amend the Scheduling Order and granted the Motion for Summary Judgment resulting in the dismissal of the case with prejudice.

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.

March 4, 2020

Maron, Metcalf, and Giallourakis Win Summary Judgment

FormanWatkins attorneys Ruth Maron, Joshua Metcalf, and Nick Giallourakis worked with attorneys from Bullivant Houser Bailey to obtain summary judgment in a King County, Washington living mesothelioma case on February 28, 2020. 

February 28, 2020

Forest Products Team Wins Summary Judgment

In another win for our forest products team, on February 21, 2020, FormanWatkins won summary judgment on all counts on behalf of a dimensional lumber manufacturer in a case involving a plaintiff’s alleged childhood exposure to softwood dust in his father’s hobby woodshop.

February 27, 2020

Gault and Ritchie Win in U.S. Court of Appeals for the Fifth Circuit

Win Gault and Spencer Ritchie recently won in the U.S. Court of Appeals for the Fifth Circuit, where the Court affirmed the District Court’s ruling that awarded our client contractual damages, attorney fees, pre-judgment interest, and post-judgment interest totaling more than $900,000.