Litigation

December 16, 2021

Gault and Ritchie Complete Successful Department of Labor Whistle Blower Trial

Win Gault and Spencer Ritchie completed a successful administrative law trial before the United States Department of Labor, Office of Administrative Law Judges.  The plaintiff, a former pilot, claimed monetary damages under the FAA whistle blower provisions from his employer in the high six-figures.  After a three-day trial and substantial post-trial briefing, the administrative law judge awarded only $2,700 in damages.

October 12, 2021

Gault and Banks Expose Apparent Insurance Fraud Scheme en route to North Carolina Arbitration Victory

On October 11, 2021, a Charlotte, North Carolina arbitrator returned an award in favor of a national retailer represented by Win Gault and Jake Banks.  Claimant sought damages under the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”) and state law.  Citing numerous examples of Claimant’s untrustworthiness raised during the retailer’s presentation of the case—including an apparent insurance fraud scheme uncovered by Gault and Banks — the arbitrator found in the retailer’s favor.

October 4, 2021

Fred Krutz, Brian Hannula, and Andrew Stubbs Obtain Second Consecutive Summary Judgment in West Virginia

Forman Watkins & Krutz attorneys Fred Krutz, Brian Hannula, and Andrew Stubbs obtained their second consecutive summary judgment win in 2021 in West Virginia on behalf of a respirator manufacturer. The lawsuit was pending in the United States District Court for the Northern District of West Virginia. Plaintiff alleged that the respirator defendants’ products were defective, causing him to develop coal workers pneumoconiosis.

July 22, 2021

Forest Products Team Wins Major Ruling from U.S. Court of Appeals for the Fourth Circuit

On July 14, 2021, the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion defining state of the art evidence for product liability cases. The opinion affirmed a summary judgment award won by FormanWatkins in the Eastern District of North Carolina on behalf of a dimensional lumber manufacturer. The case involved a plaintiff’s alleged childhood exposure to softwood dust in his father’s hobby woodshop and his later diagnosed sinonasal cancer.

May 17, 2021

Metcalf and Lewis Win Summary Judgment in Federal Pesticide Case

In a significant victory for a national forest-products client, FormanWatkins attorneys Joshua Metcalf and Chelsea Lewis won summary judgment in federal court in Louisiana.  Plaintiffs had sued over the application of a commonly-used herbicide to the client’s timberland, seeking monetary damages and an injunction preventing the use of any herbicide or pesticide on thousands of acres of the client’s property.

May 5, 2021

Abdalla Obtains Partial Summary Judgment for Global Medical Device Company

Mary Clift Abdalla, as Mississippi counsel, successfully obtained partial summary judgment for a global medical device company dismissing the Plaintiff’s trade secrets misappropriation claims, and preventing Plaintiff from seeking statutory damages or attorney’s fees on copyright infringement claims. The team also obtained a ruling striking Plaintiff’s expert witness reports, while denying Plaintiff’s request to strike Defendant’s expert report.

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.