News

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 25, 2020

Krutz and Watkins Participate in Charity Golf Tournament

On Tuesday, September 22, Fred Krutz and WG Watkins, two of FormanWatkins’s founding partners, played in the Andi’s Army Golf Tournament, a charity golf tournament held to help raise awareness for Down Syndrome and support wonderful organizations who help those with Down Syndrome. Fred and WG’s teammates for the day were Chris Malloy (Head Coach for Ole Miss Men’s Golf) and Kermit Davis (Head Coach for Ole Miss Men’s Basketball).

August 26, 2020

“Y’all Politics” Publishes Article by Ritchie

Mississippi political news site Y’all Politics published a short article written by FormanWatkins attorney Spencer Ritchie on the difference between “voting by mail” and voting by absentee ballot.

June 24, 2020

Trademark Law Update

On May 4, 2020, the United States Supreme Court made an unprecedented move and broadcast an oral argument live for the first time.[i] The case pits the United States Patent and Trademark Office (“USPTO”) against Booking.com.[ii] The matter is before the Supreme Court as a result of the USPTO’s denial of Booking.com’s trademark applications. Lately, the average number of days between oral argument and getting to an opinion is around 90 days. So, we are expecting an opinion potentially in early August 2020. While we wait, here is a brief overview of the case.

June 18, 2020

A Message from Forman Watkins & Krutz LLP

The gravity of the events over the past weeks resulting from the unjustified killing of George Floyd weighs heavily on our collective hearts and minds.  We hold in the highest regard the civil rights that should and must be afforded to everyone.  As business leaders, and as individuals, we bear a responsibility to speak out and act against injustice. We stand in solidarity with those who are protesting throughout the world to ensure the realization of the inalienable rights held by all global citizens without regard to the color of their skin.  We are proud of those in the FormanWatkins family who have individually spoken out for change. To our African-American and diverse colleagues, clients and community, FormanWatkins reaffirms its commitment to the core values of diversity and inclusion.  We acknowledge that a public statement, such as this one, is only one of many acts necessary to live up to those values.  We promise to continue to listen, speak and act in support of those values.

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.

April 9, 2020

COVID-19: Do I Have a Business Interruption Insurance Claim?

As the coronavirus/COVID-19 pandemic drags on, businesses large and small continue to feel the impacts in a variety of ways. In recent days and weeks, in a necessary effort to “flatten the curve” of COVID-19 diagnoses, state and municipal governments across the country have issued shelter-in-place or safe-at-home orders that have forced closures of businesses deemed “non-essential,” altered hours or operations for almost all restaurants, and limited potential customer movement to only essential activities and travel. For example, Mississippi’s Shelter-in-Place Order, explained here, took effect last Friday.