Representative Cases
Jones, Swanson, Huddell & Garrison's practice focuses on four primary areas: environmental and toxic torts, commercial litigation including antitrust and securities claims, catastrophic personal injury, and consumer and employee protection. Summaries of representative cases are provided below.
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Environmental and Toxic Torts
Doré Energy Corporation v. Carter-Langham, Inc., et al.
On August 23, 2002, the firm filed a suit against numerous oil and gas exploration and production companies on behalf of Doré Energy Corporation, which owns approximately 18,000 acres of wetlands in Southwestern Louisiana. Doré Energy Corporation sought a clean-up of its property and a remediation of pollution and other damages caused by decades of oilfield operations that have been conducted on its property. On November 10, 2006, after two weeks of trial, a jury rendered verdict in favor of Doré Energy Corporation and against ExxonMobil Oil Corporation in the amount of $57 million. The jury’s verdict was upheld by the Louisiana Third Circuit Court of Appeal on November 5, 2008, and on March 13, 2009, the Louisiana Supreme Court declined to hear ExxonMobil’s appeal.
Reported Decisions - 899 So.2d 295 (La. App. 1 Cir. 2004); 901 So.2d 1238 (La. App. 3 Cir. 2005); 997 So.2d 826 (La. App. 3rd Cir. 2008).
Fox, et al. v. Cheminova, Inc., et al.
On August 25, 2000, the firm filed a class action lawsuit in federal court in Long Island, New York against several pesticide manufactures on behalf of a class of commercial lobstermen from New York and Connecticut who suffered damages after their lobster crop in the Long Island Sound was decimated as a result of the application of pesticides in response to the West Nile Virus threat in 1999. The case was certified as a class action by the Honorable Thomas C. Platt of the United States District Court for the Eastern District of New York. The case resulted in a successful settlement for the class of lobstermen.
Reported Decision - 213 F.R.D. 113 (E.D.N.Y. 2003); 387 F. Supp. 2d 160 (E.D.N.Y. 2005).
Hazelwood Farm, Inc. v. Liberty Oil & Gas, et al.
On February 13, 1997, the firm filed a suit against numerous oil and gas exploration and production companies on behalf of Hazelwood Farm, Inc., which owns approximately 680 acres of land in St. Landry Parish, Louisiana. Hazelwood sought a clean-up of its property and a remediation of the pollution and other damages caused by decades of oil and gas production activities that have occurred on its property. The case went to trial in the summer of 2001, which resulted in a favorable verdict for Hazelwood Farm, Inc., which verdict was upheld on appeal by the Louisiana Third Circuit Court of Appeal and the Louisiana Supreme Court. The firm has several other cases alleging property damages caused by oilfield operations.
Reported Decisions - 790 So.2d 93 (La. App. 3 Cir. 2002); 844 So.2d 380 (La. App 3 Cir. 2003).
In Re: Harvey Term Litigation
In this matter, the firm has been retained to represent several land owners who were sued by numerous residents of the area in which they own property. The land owners were awarded a substantial amount of money against an oil company arising from the pollution of their property with naturally occurring radioactive materials. After being sued by thousands of people, the land owners retained the firm to represent their interest and defend them against the class action lawsuit.
Reported Decision - 872 So.2d 1214 (La. App. 4 Cir. 2004).
The Sweet Lake Land & Oil Company, et al. v. Union Oil Company of California
On July 8, 1999, the firm filed a lawsuit against Union Oil Company of California on behalf of the owner of land that sustained damages as a result of many years of oil and gas exploration and production activities. The suit sought a clean up and restoration of the land and resulted in a successful settlement for the firm’s client.
Stewart-Stirling One, L.L.C. v. Tricon Global Rests., Inc.
The firm was retained to represent the owner of a shopping center under which contamination from a former dry cleaning facility was flowing. The case was filed under the Resource Conservation and Recovery Act and also asserted Louisiana state law causes of action. The case resulted in a successful settlement for the client, including a cleanup of the contamination.
Reported Decisions - 2002 U.S. Dist. Lexis 15707 (E.D. La. Aug. 16, 2002); 2002 U.S. Dist. Lexis 15746 (E.D. La. Aug. 9, 2002).
Clarice Friloux, et al. v. Exxon Corporation and Campbell Wells Corporation
Seventeenth Judicial District Court, State of Louisiana, No. 75524, DivisionFavorably settled on behalf of the community of Grand Bois, Louisiana against the oil industry on issues relating to the disposal of hazardous waste generated in the course of oilfield operations.
Other environmental and toxic tort litigation of note:
Kathryn Rink, et al. v. Cheminova, Inc., et al.
U.S.D.C. (M.D. Fla.), No. 99-1097-CIV-T-23ELead counsel representing Florida residents exposed to Malathion during MedFly Eradication Program
Bienville Square, LLC v. Coastal Energy of Mississippi, Inc., et al.
Circuit Court of Jackson County, Mississippi , No. 2004-00181
Black River Real Estate Company, Inc. v. Hunt Oil Company, et al.
Seventh Judicial District Court for the Parish of Concordia, State of Louisiana, No. 43337Marcus Broussard, Jr., et al. v. Martin Operating Partnership, LP, et al.
Fifteenth Judicial District Court for the Parish of Vermilion, State of Louisiana, No. 83406Commercial Litigation
Active Solutions, et al. v. Dell, Inc., et al.
On April 20, 2007, the firm filed a suit against numerous entities and individuals on behalf of two local New Orleans technology companies who had devised the first successful citywide wireless video surveillance system in the United States and the world, as recognized by national news outlets, including USA Today and HDNet. One of the defendants settled with plaintiffs for a generous amount before trial and, on November 2, 2009, after six weeks of trial, a jury rendered verdict in favor of plaintiffs and against defendants in the amount of $16.3 million, finding that Dell, Inc. had, among other findings, conspired with other of the defendants to violate Louisiana’s fair trade practices.
Ducote Jax Holdings, L.L.C. v. Bradley
On July 8, 2004 the firm filed suit against a major law firm and international banking goliath alleging violations of RICO and several violations of state law on behalf of our clients who had been induced to participate in an unregistered, unlawful and abusive tax strategy, designed and implemented by an alleged conspiracy of defendants. The suit resulted in two generous settlements with the majority of clients and a subsequent trial against one remaining defendant, which resulted in a verdict pursuant to RICO in an amount exceeding $6.5 million.
Reported Decisions - 2007 WL 2008505, E.D. La. 2007; 2006 WL 3313716, E.D. La. 2006 (Motion for Summary Judgment Opinion).
Other commercial litigation of note:
BCR Safeguard Holding, LLC, v. Morgan Stanley Dean Witter Investment Management, Inc.
Civil District Court for the Parish of Orleans, State of Louisiana, No. 2009- 4705
Alleged Conspiracy to Breach Fiduciary Duties and Duties of Good Faith
Blanchard and Company, Inc. v. Barrick Gold Corporation, et al.
U.S.D.C., EDLA, No. 02-3721, Section C, Magistrate 3
Anti-Trust litigation
Plaza Realty, LLC, et al. v. Kumud V. Patel, et al.
U.S.D.C., EDLA, No. 06-0176, Section A, Magistrate 1
Construction litigation
Jebaco, Inc. v. Harrah’s Operating Co., Inc., et al.
U.S.D.C., EDLA, No. 06-4175
Anti-Trust litigation
Catastrophic Personal Injury
De Atley v. Victoria’s Secret Direct, et al.
On September 21, 2001, the firm filed a lawsuit against Victoria's Secret Direct and other entities on behalf of a successful New Orleans business woman and former media personality who suffered disfiguring burns over one-third of her body when a flannel dress she purchased from Victoria's Secret burst into flames. The suit alleged that the Victoria's Secret dress was defectively designed and unreasonably dangerous. The suit resulted in a successful settlement in favor of the firm’s client.
Reported Decision - 876 So.2d 112 (La. App. 4 Cir. 2004).
Landry v. Union Oil Company of California, et al.
On April 28, 2003, the firm filed suit on behalf of an offshore oilfield worker who, as a result of an explosion on an oil platform, suffered severe, painful, and extensive third degree burns resulting in permanent disfigurement to a substantial portion of his body, including his face, arms, torso, and legs. The suit alleged that the negligence of the defendants caused the explosion. The suit resulted in a generous settlement in favor of our client and his family.
Bazor v. Grasso Production Management, Inc., et al.
On October 6, 2006, the firm filed suit on behalf of the children of a maritime electrical worker who died in a helicopter crash in the Gulf of Mexico. The suit alleged negligence and products liability causes of action and resulted in a successful settlement for the children.
Consumer and Employee Protection
In Re Microsoft Consumer Antitrust Litigation
On November 12, 1999, the firm filed the first federal consumer class action lawsuit against Microsoft Corporation on behalf of purchasers of Microsoft's Windows Operating System and other software in which the company holds a monopoly position in the market. The suit, which is based on the Findings of Fact and Conclusions of Law in the Justice Department's antitrust prosecution of Microsoft, seeks an award of damages to all persons who purchased software in which Microsoft possesses a monopoly and was able to charge supra-competitive prices.
Chuyen Dang v. M-I Holdings, L.L.C.
On December 12, 2002, the firm filed an employment discrimination suit against M-I Holdings, L.L.C., alleging that it terminated plaintiff’s employment with its company as a result of her race and/or gender in violation of Louisiana law. The case proceeded to a jury trial and a verdict was rendered in favor of the firm's client. The verdict was upheld on appeal to the United States Courts of Appeal for the Fifth Circuit.
Everett A. Bear, et al. v. Pellerin Construction, Inc.
On July 31, 1998, the firm filed a suit under the Louisiana Environmental Whistleblower Statute against a construction company. The suit alleged that fourteen individuals were terminated because of reports that they made to the Louisiana Department of Environmental Quality regarding the presence of asbestos on their work site. Following a trial, all of the plaintiffs were awarded damages, which was affirmed by the Louisiana Fourth Circuit Court of Appeal and the Louisiana Supreme Court.
Reported Decision - 806 So.2d 984 (La. App. 4 Cir. 2002).
John A. Spears v. Oceaneering International, Inc.
On January 1, 2003, the firm filed a lawsuit against Oceaneering International, Inc. on behalf of John Spears, an African-American seaman who alleged racial discrimination against him. The case resulted in a successful settlement for the client.
Lorusso v. Landrieu Enterprises, Inc.
The firm filed suit to compel arbitration of a dispute between homeowners and a contractor that was hired to renovate the home. After the trial court denied the arbitration, the firm successfully appealed and had the court of appeals order the parties to arbitration, which was resolved in favor of the firm’s clients.
Reported Decision - 848 So.2d 656 (La. App. 4 Cir. 2003).