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Attorney Liability - Nancy Marshall Successes
Representation of a prominent divorce attorney against claims of RICO violations as well as state law claims of breach of contract, malpractice and intentional infliction of emotional distress. The Plaintiffs alleged that the defendant's business practices were, in essence, criminal, and sought treble damages, compensatory damages, and attorneys fees totaling over $100,000. Marshall filed a Rule 12(b)(6) Motion to Dismiss all claims. After two hours of argument, the Judge ruled from the bench dismissing all claims against the defendants. The decision was upheld by the Fifth Circuit Court of Appeals and the U.S. Supreme Court.
St. Germain, et al. v. Howard, et al.
, E.D. La. 2008.
In the related state claim, obtained attorneys fees for a baseless removal and sanctions from the Fifth Circuit for a frivolous appeal. Ms. Marshall defended the sanctions motion in an opposition with a U.S. Supreme Court Writ. Two of the three plaintiffs in reconvention then voluntarily dismissed their claims.
Howard v. St. Germain
, Civil District Court, Parish of Orleans, 2009.
Ms. Marshall handled this security fraud case brought against a lawyer and his law firm for improperly prepared corporate documents, alleged to be the basis for Section 10b of Section 12(2) of the Securities Exchange Act of 1933 as well as RICO claims. Motion for summary judgment granted by the trial court and affirmed per curiam by the Federal 5th Circuit.
Tracy Bergquist v. FyBX Corporation, et al.
, Case No. 02-722, United States District Court for Eastern District of Louisiana. January 2003.
U.S. Court of Appeal for 5th Circuit, Case No. 03-30946.
Ms. Marshall handled this legal malpractice case arising out of alleged conflict of interest, involuntary dismissal at close of plaintiff's case.
Nat Colona v. John I. Feduccia
, No. 96-00897, 21st Judicial District Court, Parish of Tangipahoa. January, 2001.
The underlying case involved an alleged quadriplegic who claimed to have been injured as a result of an electrocution at a Best Western Motel in Alexandria, Louisiana. There had been a defense verdict after a two-month trial in the underlying case. The lead defense attorney was subsequently sued for allegedly hiding evidence of a defect on the premises. A RICO action was brought against him, as well as his former clients and other defendants in the underlying case. Ms. Marshall obtained a dismissal via motion for summary judgment, which was affirmed by the federal Fifth Circuit on appeal. Additionally, the plaintiffs had previously filed a RICO action against the same defendants which was dismissed and have subsequently filed a tort action against the IME doctors in the RICO action, as well as a petition for nullity of the original judgment.
St. Paul Mercury Insurance Company v. Williamson
, 986 F. Supp. 409 (W.D. La. 1997)
Ms. Marshall obtained a motion for summary judgment for a defendant lawyer in a case involving allegations of unethical behavior and liability of a lawyer to a third party, non-client.
Lee Roy Joyner v. George Wear, et al.
, 665 So. 2d 634 (2d Cir. 1995), writ den. 96-0040 (La. 02/28/96), 1996 WL 84524 (La.)
This case involved a lawsuit for failure to timely file a medical malpractice lawsuit after the medical review panel had issued its decision. The trial court found the case had prescribed in the hands of the plaintiff's current attorneys, and was affirmed on appeal.
Adesina Oyefodun v. Ike Spears, et al.
, 95-1472 (La. App. 4th Cir. 02/15/96), 1996 WL 67335 (La. App. 4th Cir.)
Ms. Marshall handled this legal malpractice case against a lawyer for allowing a case to abandon involving a three-year-old child burned over ten percent of her body, allegedly as a result of a failure on the part of landlord to provide smoke detectors in the apartment. Investigation revealed the smoke detectors had been placed in the apartment, contrary to the testimony of plaintiff's mother and father, resulting in a reasonable settlement of the case.
Ferguson v. Vasques
, Case No., 02-09331, Civil District Court for the Parish of Orleans.
This legal malpractice case involving underlying issue of alleged medical malpractice with regard to the handling of a code by a emergency room physician necessitating both the use of medical experts and legal malpractice experts. Settled after five days of trial at 25% of the judgment value of the case.
Aaron Davis, et al. vs. Coregis Insurance Co.
, No. 98-10208, Civil District Court, Parish of Orleans
Ms. Marshall handled this legal malpractice case tried in St. Tammany parish in Louisiana. The two-day trial involved allegations that an attorney allowed a case to be abandoned. The defense was that the underlying lawsuit against the State Department of Highways and Transportation had no merit, involving accident reconstructionist and highway engineer. A defense verdict was granted.
Nat Colona v. Lawyer A.B. and Coregis Insurance Company
, No. 99-11754, 22nd Judicial District Court, Parish of St. Tammany.
Ms. Marshall handled the defense of an attorney in a legal malpractice action arising out of the attorney's alleged failure to properly confect corporate documents. It was tried to defense verdict in a week long trial.
Warren Leger, Jr., et al. v. Superior Products, Inc.
, No. 448-764, 19th Judicial District Court, Parish of East Baton Rouge, Louisiana.