News & Knowledge

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.

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.

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.

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.

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.

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…

New Orleans partners, Charles Abbott and Amy Maccherone, recently won a significant motion for summary judgment on behalf of a Fortune 500 company whose business involves the manufacturing of, among other things, marine diesel engines.

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Forman Watkins & Krutz represented a Mississippi law firm in a legal malpractice case filed by one of its former clients.

Forman Watkins & Krutz LLP is pleased to announce attorneys named to the 2019 Edition of Best Lawyers, the oldest and most respected peer-review publication in the legal profession. Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.