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December 2016 Victory Lap: Significant Accomplishments by NAMWOLF PAC Firms

 

PAC Accomplishment Type Accomplishment Description Firm


The Firm successfully represented a United States Federal Agency in the revision, update, consolidation and redrafing of the sophisticated program financing documents that memorialize the payment terms and obligations of the borrowers and guarantors to incorporate current commercial terms and project financing terms in accordance with applicable statutory and regulatory requirements.

Love and Long, L.L.P., www.loveandlonglaw.com


Summary Disposition Granted


BSP attorneys Moheeb Murray and Jessica Currie secure summary disposition for U-Haul Co. of

Arizona on an insurer’s third-party complaint filed in Kent County Circuit Court seeking coverage of

no-fault benefits.  The court agreed with BSP’s statutory argument that the no fault act did not apply

to U-Haul Co. of Arizona.

Bush Seyferth & Paige PLLC

www.bsplaw.com


Summary Disposition Granted

BSP Attorneys William McDonald and Jessica Currie secured summary disposition for U-Haul Co. of

Michigan in an action in Wayne County Circuit Court asserting claims of owner’s liability and

vicarious liability stemming from a vehicular accident. The court ruled that the plaintiff had failed to

show a genuine dispute of fact for trial.

Bush Seyferth & Paige PLLC

www.bsplaw.com

 


Summary Judgment Affirmed on Appeal
NAMWOLF member firm Christian Dichter & Sluga won a Ninth Circuit appeal following a successful summary judgment motion in Arizona District Court. The case involved an insurance coverage dispute for a fatal car accident. CDS’s client, the CGL carrier, succeeded on subrogation claims against the auto carrier, with fees awarded.  

Christian Dichter & Sluga

www.cdslawfirm.com



Defeated Motion to Dismiss
The U.S.D.C., E.D.N.Y., held that deposit of interpleader fund pursuant to 28 U.S.C. 1335 is not a prerequisite to jurisdiction but rather is only required to maintain it and ostensibly losing a diverse party midway through a case does not destroy diversity jurisdiction, which vests at the time of filing.

D'Arcambal Ousley & Cuyler Burk

www.darcambal.com


Final Summary Judgment
Emilia A. Quesada, founding partner of SMGQ Law, defended an international health insurance provider in a multi-count lawsuit filed by a plaintiff seeking coverage for otherwise excluded benefits.  Plaintiff sought long-term damages worth millions of dollars.  After three years of litigation, Ms. Quesada moved for final summary judgment.  The trial court held in favor of the insurer finding coverage was excluded, entering final summary judgment in favor of the insurer.

SMGQ Law

www.smgqlaw.com


Trial Victory
Achieved defense verdict in the District Court of Pike County, Alabama for an insurer and insurance agent. Plaintiff alleged that insurance agent committed fraud when he sold two policies to two different insureds on the same piece of property. The Court taxed costs again the Plaintiff. Felicia Long tried the case.

Hill Hill Carter Franco Cole & Black P.C.

www.hillhillcarter.com


Trial Victory
Achieved verdict of “no coverage” after a trial in North Carolina Superior Court for a Fortune 500 Insurer. The insured was sued for wrongful-death after a work place shooting incident. Despite conflicting testimony, firm attorneys Elizabeth Martineau and Leslie Sherrill convinced the Court that there was no “occurrence” and several exclusion applied.

Martineau King, PLLC

www.martineauking.com

 

Dismissal of Action

Motion to dismiss granted on behalf of Fortune 50 company in defense against Sarbanes Oxley whistleblower claim and Title VII race discrimination and retaliation claim.

Potter & Murdock, P.C.

www.bpmlawyers.com

  Appellate Victory
Partner Diane Aqui successfully argued before the DC Circuit Court of Appeals that the National Labor Relations Board abused its discretion when imposing a bargaining order after the employer unilaterally withdrew recognition from the Union. Far from being deliberate or calculated, the court determined that the employer’s violation was unintentional and the company acted in good faith on a facially valid decertification petition. 

Smith Dollar, PC

www.Smithdollar.com

  Summary Judgment Granted Achieved summary judgment for Fortune 500 Company in federal disability discrimination lawsuit.  Court adopted defense arguments that Plaintiff’s unsupported assertions were not enough to show Defendant denied accommodation to Plaintiff and that aiding and abetting claims must allege a separate wrong or individual liability to survive summary judgment.  

Royal, P.C.

www.TheRoyalLawFirm.com

  Summary Judgment Granted Court dismissed ADA claim and its state counterpart brought against multi-state not-for-profit organization.  Court agreed with defense argument that knowing about Plaintiff’s health problems does not mean there is knowledge of a disability.  Court also agreed that requesting an accommodation post-termination does not require employer to revisit termination decision.  

Royal, P.C.

www.TheRoyalLawFirm.com

  Summary Judgment Affirmed on Appeal Affirmance of summary judgment in disability discrimination action.  The appellate court agreed that the plaintiff, who had been terminated after taking numerous FMLA and non-protected leaves of absence, could not prove she was a “qualified” person with a disability.  Given the extensive leaves, the plaintiff could not prove she could regularly perform her job with or without reasonable accommodation.  

Miller Law Group

www.millerlawgroup.com

  Arbitration Victory  Arbitrator denied grievance filed against federal contractor in which the Union alleged that bargaining unit employees under the provisions of the Collective Bargaining Agreement were entitled to additional holidays granted to the Army and Air Force members.  Arbitrator interpreted the CBA language as negotiated to preclude inclusion of the additional holidays for federal contractor’s employees.  

Schmoyer Reinhard LLP

www.sr-llp.com

  Motion to Dismiss Granted Federal district court in Michigan rejected employee’s argument that pre-dispute arbitration agreement was unconscionable because it limited discovery.  Susan Koval and Mike Bommarito represented the employer and persuaded the court to grant the employer’s motion to compel arbitration and dismiss.   

Nemeth Law, P.C.

www.nemethlawpc.com

  Walkaway Achieved Firm partner Susan Koval convinced Plaintiff to walk away from Section 301 breach of contract case in federal court in Michigan in exchange for withdrawal of pending Rule 11 motion for sanctions. The claim did not allege that the Union breached its duty of fair representation and was an attempt to avoid finality of the contractual grievance mechanism.  

Nemeth Law, P.C.

www.nemethlawpc.com

 

 Trial Victory Sotera L. Anderson and Robert A. Shields achieved a defense verdict in San Diego Superior County for a Fortune 500 Company in a breach of warranty lawsuit.  Plaintiff sought more than $150,000 in damages for a $60,000 vehicle.  

Wilson Turner Kosmo LLP

www.wilsonturnerkosmo.com

  Daubert Motion Victory Successfully excluded plaintiffs’ liability and damages experts offered in support of class certification in state-wide construction defect action against national homebuilder in the Middle District of Florida.  

Bush Seyferth & Paige PLLC

www.bsplaw.com

   Summary Judgment Granted Summary judgment granted on an MEK exposure case in the United States District Court for the District of North Dakota on the issue Circuity of Obligation.  Beth Boggs represented a painting company, which was one of three primary defendants.  Plaintiff sought a multi-million dollar settlement.  The Court found that plaintiff's prior worker's compensation settlement and the parties' indemnity agreements created a circuity of obligation, barring plaintiff's claims.  

Boggs, Avellino, Lach & Boggs, LLC

www.boggsfirm.com

  Trial Victory  The trial team led by Pete DeMahy and Jim Shaw won a defense verdict from a West Palm Beach jury after a three-day trial in a case alleging auditor malpractice.  The suit was brought by three doctors who invested in a limited partnership that owned and operated housing facilities for seniors, but which went bankrupt. The plaintiffs had sought approximately $6 million dollars in damages.  

DeMahy Labrador Drake Victor Rojas & Cabeza (DLD Lawyers)

www.dldlawyers.com

   Trial Victory  DLD partner Jim Shaw won directed verdict from a West Palm Beach judge after close of Plaintiffs’ case. This legal malpractice suit was brought by former clients of a law firm defendant who were seeking to recover $400,000 in damages for an alleged wrongful commercial foreclosure.  

DeMahy Labrador Drake Victor Rojas & Cabeza (DLD Lawyers)

www.dldlawyers.com

  Appellate Victory in Michigan Court of Appeals Obtained affirmance of a ruling dismissing a multi-million dollar employment dispute brought by an executive of a major automotive company as well as affirmance of more than $300,000 in prevailing-party expert costs. Cheryl Bush, Stephanie Douglas, and Jessica (Vartanian) Currie briefed the appeal; Jessica Currie argued.

Bush Seyferth & Paige PLLC

www.bsplaw.com

 

more Calendar

11/16/2017
NAMWOLF Regional Conference: Trending Employment Law and Diversity Issues for Silicon Valley

2/24/2018 » 2/28/2018
2018 NAMWOLF Business Meeting

9/26/2018 » 9/29/2018
2018 NAMWOLF Annual Meeting

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