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Appeal - Jonathan Walsh
Mr. Walsh obtained a favorable appellate ruling in favor of his client, Whitehorse Insurance Ireland, Ltd., and against Northshore Regional Medical Center, in a suit on open account in which Northshore Regional was seeking more than $800,000 from the client for unpaid medical expenses, attorneys' fees and costs. Northshore Regional sued Whitehorse and others to recover medical expenses under a policy of travel insurance issued by Atlas Travel Services to Edith and Brian Dill. DK&S successfully argued before the trial court that Whitehorse's one-time issuance of payment on the policy did not subject Whitehorse to personal jurisdiction in Louisiana. On appeal, Northshore Regional argued that the policy's "global coverage" subjected Whitehorse to jurisdiction in Louisiana, that the payment created jurisdiction and, alternatively, that new law needs to be developed to deal with the complexities of the international travel insurance market. The Louisiana First Circuit Court of Appeal rejected each argument, dismissed Northshore Regional’s appeal and assessed all costs against it.
Mr. Kerrigan and Mr. Walsh obtained an appellate decision in favor of defendants and against a plaintiff who filed suit against a district judge's minute clerk and the Clerk of Court for the Twenty-Fourth Judicial District Court for what he claimed was his "unjust incarceration." Filed exceptions of prescription (statute of limitations) and of no cause of action under the theory of judicial immunity in the trial court, which were granted. Argued in the trial court and on appeal that the plaintiff, who filed suit more than five years after the alleged erroneous minute entry due to the clerks' negligence, had notice of his cause of action and thus should have filed a civil lawsuit within one year of learning of the alleged mistake. Also argued that even if the plaintiff's claims were timely, they were barred because the clerk's actions were cloaked in judicial immunity. The trial court and a 2-1 majority on the appellate court agreed.
Averel Jackson v. Rose Phillips, et al.,
07-CA-963, La. App. 5th Cir. April 15, 2008.
Mr. Kerrigan and Mr. Walsh had a default judgment reversed and remanded in the Louisiana 5th Circuit Court of Appeal. At the underlying trial, the plaintiff testified that he sustained injuries as a result of a tool box falling from a scaffold and striking him on the head and shoulder. The default judgment awarded the claimant temporary total disability and awarded penalties and attorneys fees. During the appeal, Kerrigan and Walsh argued that the plaintiff failed to establish a prima facie case to support the trial court's finding of an award commensurate with temporary total disability. The Court of Appeal agreed, reversing and setting aside the judgment of the commissioner and remanding the trial court for further proceedings.
Charlie Weedon v. Berry Contracting