Representative Cases- Business Litigation

Total Transportation, Inc. Victorious in Breach of Fiduciary Duties Case

Total Transportation, Inc. initiated this litigation against joint members of a limited liability midstream cargo transfer business that the company had formerly joined. The defendant, Capital Marine Supply, exercised their stated rights under the operating agreement to dissolve Total Transportation with a ninety (90) day notice. The plaintiff claimed that Capital Marine breached its fiduciary duties and squeezed TTI out of their well-established, profitable business, under the guise of liquidating the company. Capital Marine took control of the business operation, retaining 100 percent of the company’s profits. Total Transportation also asserted Capital Marine managers violated their fiduciary duties.

After a lengthy trial on the merits, the court found for the plaintiff. Capital Marine and their managers had violated their fiduciary duties. The court found that although Capital Marine had the right to dissolve the business, the dissolution had to be for good reason. A judgment of $1,640,113.00 was awarded to Total Transportation in this matter.

Milchem, Inc. Wins Settlement for Defective Machinery

Milchem, a Baker-Hughes subsidiary, sued National Electric Coil Division of McGraw-Edison over the purchase of a used wound electric motor, which ran a large barite-grinding mill. Offshore drilling operations require Barite for production. The wound motor malfunctioned, damaging the grinding mill and preventing Milchem’s barite from being ground and sold. Milchem demanded damages for motor replacement and their lost profits.

Numerous complex technical depositions concerning the winding of electric motors (which are no longer in common use) were presented. The defendant gave the plaintiff incorrect advice on how to wind the motor based on information it had received from an advisory service. Plaintiff’s counsel built a complex financial model demonstrating the loss of profits from their inability to sell barite when production was halted. National Electric settled for a significant sum prior to trial.

Torch, Inc. Prevails in Complex Litigation

Dolphin Island Gathering Partners sued Torch, Inc. claiming violation of an offshore pipe-laying and construction contract. Torch counter-sued for invoices submitted under various provisions of the contract between the parties. An American Arbitration Association panel denied most of DIGP’s claims after a six-day trial involving over 40,000 documents, finding that most of Torch’s counter-claims were valid. Therefore, Torch prevailed in their counterclaim.

Strong Defense for Masonite Corporation in Defective Materials Claim

The owners of an apartment complex sued Masonite Corporation over allegedly defective siding. Masonite proved that the hardboard siding deteriorated due to improper installation and improper maintenance. Masonite settled for a small amount of cash and additional hardboard siding with no warranties.

Innovative Business Solutions, Inc. Wins Settlement for Intellectual Property Infringement

Chevron USA sued IBS for damages and intellectual property right violations over software licensed to Chevron for land management of its oil and gas properties. Chevron re-engineered the software for use in their business. Chevron asserted the software had bugs and that they owned the intellectual rights to the code. IBS claimed that Chevron created an unauthorized derivative work by converting COBOL to Windows code. IBS sought to block Chevron from using the software in the future. This case hinged on infringement of trade secrets, copyright violation, breach of contract, and business tort matters. IBS settled prior to trial. The terms of Chevron’s settlement payment are confidential.

Chiconny Electronic Corporation Successfully Defended in Defective Products Case

A computer hardware distributor sued Taiwanese computer manufacturer Chiconny Electronic, claiming CE manufactured and sold defective laptop computers for resale resulting in loss of income. Evidence showed problems with a few computers that were returned to Chiconny, properly repaired and sent back to plaintiff. Defendant proved no loss of income due to defects in the laptop computers made by the plaintiff. The case settled for a minimal sum.

Croft Metals, Inc. Wins Liability Coverage from Its Insurer

Plaintiff, Lacoste Builders, LLC sued Croft Metals, Inc. and Zurich American Insurance Company alleging Croft sold and installed defective windows. Zurich was Croft’s liability insurance carrier. The windows were installed by Croft in residences and buildings Lacoste constructed and sold. Zurich attempted to limit its exposure under its comprehensive general liability (CGL) policy by filing a Motion for Summary Judgment. While representing Croft, Lamothe Law Firm defeated the motions for summary judgment filed by Zurich and established that full coverage was afforded to Croft for the claims Lacoste Builders brought against them.

Salon Senoj, Inc. and Susan Jones Secures New Trial in General Business Tort Case

A default judgment was rendered against defendant Jones in 2003.  The Court found that a subsequent Motion for New Trial was filed on a timely basis. Because there was an address error in the mailing of the Judgment, which must be mailed to the “last known address” of the defendant, the Court found that the Judgment was improper. In addition, the Judgment exceeded the original relief requested. The court set aside the default judgment, and ordered a new trial.

Universal Music Group Distribution Corp.

Universal Music was sued by a major New Orleans law firm over disputed attorney’s fees.  The law firm claimed that Universal Music owed this amount in connection with services rendered in a litigation matter.  Universal Music claimed that the fees charged were excessive and not authorized. The matter settled at Mediation for a confidential, substantially reduced sum.

Prior results do not guarantee future outcome