Reported Cases

LOUISIANA SUPREME COURT

Halmekangas v. ANPAC Louisiana Ins. Co., 98 So.3d 873 (2012) – Cert Denied – 

Scranton v. Ashley Ann Energy, L.L.C., 98 So.3d 846 (2012) – Cert Denied

Joseph v. Hospital Service Dist. No. 2 et al , 939 So.2d 1206, (La. 2006)

Was successful in having the Louisiana Supreme Court reverse the First Circuit Court of Appeal and decide that individual members of an LLC were not third party beneficiaries to a contract between the LLC and a hospital. Handled all aspects of this issue at trial and on appeal, including oral arguments before the Louisiana Supreme Court.

Haber v. Shakir, 899 So.2d 10 (2005) , 2005-0368 (La. 4/8/05) – Writ Denied

Daigle v. Authement, 691 So.2d 1213, (La., 1997)
Was successful in having the Louisiana Supreme Court declare the insurer’s UM rejection form to be valid and effective.

Wheeler v. Paillet, 704 So.2d 242, (La., 1997)
Was successful in having the Louisiana Supreme Court declare that a cancellation of an insurance policy by a premium finance company was valid.

State of Louisiana vs. Dion Varmal 539 So.2d 45 (LA 1989) – 
Was successful in having the Louisiana Supreme Court decide that a person who was released from prison due to speedy trial issues could be re-arrested after an indictment was filed on the same charges.

U.S. FIFTH CIRCUIT COURT OF APPEAL

Halmekangas v. State Farm Fire and Cas. Co., 603 F.3d 290 (2010)

Davis v. ODECO, 18 F.3rd 1237 (5th Cir, 1994)

Issues were whether a seaman exposed to hydrocarbons was injured to the fault of the vessel and whether the collateral source rule applied in the case.

U.S. Fidelity & Guar. Co. v. Loop, Inc., 961 F.2d 84, (5th Cir.(La.), 1992)

LOUISIANA FIRST CIRCUIT COURT OF APPEAL

Joseph v. Hospital Service Dist. No. 2 et al, 923 So.2d 27, (La.App. 1 Cir. 2005)

Issue was whether the directors and officers insurer had to cover claims made by employees of the hospital against its insurer.

LOUISIANA SECOND CIRCUIT COURT OF APPEAL

Scranton v. Ashley Ann Energy, L.L.C., 91 So.3d 1174 (2012)

Issue was whether a legal malpractice claim was preempted or prescribed. The trial court ruled the legal malpractice claims were perempted. The Court of Appel reverssed and found the legal malpractice claims were timely.

LOUISIANA FOURTH CIRCUIT COURT OF APPEAL

>Halmekangas v. ANPAC Louisiana Ins. Co., 95 So.3d 1192 (2012) –

Tadlock v. Taylor, 857 So.2d 20, (La.App. 4 Cir. Sep 24, 2003) Writ Denied 869 So.2d 819, 2003-3265 (La. 3/12/04)

Issue was weather a putative father could sue for damages for an unacknowleged child. Also the fault of the State of Louisiana for a roadway condition.

Gordon v. Southern United Fire Ins. Co., 679 So.2d 582, (La.App. 4 Cir. Aug 21, 1996) writ denied, 694 So.2d 241 (LA 1997)

O’Bryan v. Folk Const. Co., 594 So.2d 900, (La.App. 4 Cir. Nov 14, 1991)

The issue was the maritime status of a shore based dredge worker and the damages he was entitled to under the Jones Act and General Maritime Law.

LOUISIANA FIFTH CIRCUIT COURT OF APPEAL

Haber vs. Shakir

TRIAL COURT REPRESENTATIVE CASES

United States District Court for the Eastern District of Louisiana

STATE FARM FIRE AND CASUALTY COMPANY, v. STRATEGIC BUSINESS SOLUTIONS, INC., and Anpac Louisiana Insurance Company.

Richard F. PRICE, Jr. and Susan Price, v. ANPAC LOUISANA INSURACE COMPANY and American National Property and Casualty Company.

Percy BINGHAM, Jr., v. Joseph WILSON, et al.

Celeste NEIGEL and Nathaniel Neigel, Individually and on Behalf of Their Minor Children, James Neigel, Jonas Neigel and Julianne Neigel, v. Elvin DUFR

STATE FARM FIRE AND CASUALTY COMPANY, v. STRATEGIC BUSINESS SOLUTIONS, INC., and Anpac Louisiana Insurance Company.

STATE BLOCK, INC., v. THE TRAVELER’S INDEMNITY COMPANY OF CONNECTICUT.

HODC, L.L.C. d/b/a Keller Williams Realty, v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

J.C.T. CONSTRUCTION COMPANY, INC., v. ST. PAUL TRAVELERS d/b/a Travelers Property Casualty Company of America.

Julio A. CASTILLO, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, et al.

Fon Yee FONG, Individually and as Executrix of James Mon Fong and Fong Enterprises, Inc., v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

FONG ENTERPRISES, INC., v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT.

CENTURY INSURANCE AGENCY, INC., v. TRAVELERS PROPERTY CASUALTY COMPANY and/or St. Paul Travelers Insurance Company.

FLOORING SHOWCASE, INC., v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA.

Charles C. HARDING and Louellagivens Harding, v. AMERICAN NATIONAL P&C COMPANY.

Jack BATTISTE, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY.

Clyde LAWRENCE, Gerard Carter and Monica Bernard, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY.

Claude WILLIAMS, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY.

Charles C. HARDING and Louellagivens Harding, v. AMERICAN NATIONAL P&C COMPANY.

Cathleen WALTER, v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT.

CLAIBORNE MEDICAL CORPORATION And Fiaz Afzal, M.D., v. UNITED STATES FIDELITY AND GUARANTY COMPANY and the Travelers Indemnity Company.

Enda Delrio ANDERSON and John Anderson, Plaintiffs, v. AMERICAN NATIONAL GENERAL INSURANCE CO., Defendant.

Judy L. ANDERSON, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY.

Tina B. RIVAS and Steven L. Rivas, v. AMERICAN SECURITY INSURANCE COMPANY, American National Property and Casualty Company and Tim Pazos.

Tina B. RIVAS and Steven L. Rivas, v. AMERICAN SECURITY INSURANCE COMPANY, American National Property and Casualty Company and Tim Pazos.

HODC, L.L.C. d/b/a Keller Williams Realty, v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT.

J.C.T. CONSTRUCTION COMPANY, INC., v. ST. PAUL TRAVELERS d/b/a Travelers Property Casualty Company of America.

AL HANNER OFFICE EQUIPMENT, INC., v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT.

Gerald L. SCHROEDER, v. St. PAUL TRAVELERS/USF&G.

LIVING WORD BIBLE, CHURCH, INC., v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

Julio CASTILLO, Plaintiff, v. AMERICAN NATIONAL PROPERTY and Casualty Company and Felix I. Garcia, Defendant.

FLOORING SHOWCASE, INC., v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA.

Khalil R JATALA, individually and as director of Khowla Enterprises, Incorporated d/b/a Subway, Sandwich and Salad, v. UNITED STATES FIDELITY and Guar…

Norman GALAN, v. THE TRAVELERS INDEMNITY COMPANY OF AMERICA.

CLAIBORNE MEDICAL CORPORATION, et al., v. UNITED STATES FIDELITY AND GUARNTY COMPANY, et al.

Cathleen WALTER, v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT.

Jerry COOK and Dominique Cook, Plaintiffs, v. ANPAC LOUISIANA INSURANCE COMPANY.

Tina B. RIVAS and Steven L. Rivas, v. AMERICAN SECURITY INSURANCE COMPANY, American National Property and Casualty Company and Tim Pazos.

Stephen J. HALMEKANGAS, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendants; Stephen J. Halmekangas, Plaintiff, v. Anpac Louisiana Insuranc…

GREINA MEDICAL CORPORATION, v. UNITED STATES FIDELITY & GUARANIY COMPANY.

ST. MARK COPTIC ORTHODOX CHURCH OF NEW ORLEANS, v. ST. PAUL TRAVELERS.

CLEARVIEW PROFESSIONAL BUILDING, INC., v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT.

Michael A. DEICHMANN and Susan M. Deichmann, v. AMERICAN NATIONAL PROPERTY AND CASUALTY

Emma Leticia ARAGON, Plaintiff, v. ANPAC LOUISIANA INSURANCE COMPANY And American National P & C Company

Donald C. FAUST, M.D., v. UNITED STATES FIDELITY AND GUARANTY COMPANY

L. Albert FORREST, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

James A. CAMPO, d/b/a and/or James A. Campo, D.D.S., A.P.D.C., v. FIDELITY AND GUARANTY INSURANCE COMPANY, and The St. Paul Travelers Companies, Inc.,…

Myron B. KATZ, v. ST. PAUL TRAVELERS INSURANCE COMPANY

Anna ARELLANO, Wife of and Russell Camus, v. ANPAC LOUISIANA INSURANCE COMPANY, Farizo Insurance Agency, Inc. and David Farizo.

FRERET VETERINARY HOSPITAL, INC., v. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

PEREZ APC, v. UNITED STATES FIDELITY AND GUARANTY COMPANY.

UNITED BANK and Trust Company and Alleo canal Condominium Owners Association, Inc, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Hanover Insurance…

Patricia MELSON, Plaintiff, v. ANPAC, et al,

Shaun LAIN and Shannon Lain, v. ANPAC LOUISIANA INSURANCE COMPANY.

YOUTH EDUCATIONAL TRUST, LLC d/b/a D Uniform Connection, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA.

PAMLAB, L.L.C., v. RITE AID CORPORATION and Breckenridge Pharmaceutical, Inc.

April and David BLANCHARD, v. STATE FARM FIRE AND CASUALTY COMPANY.

Regina L. WILEMON wife of/and Ronald E. Wilemon, v. WASHINGTON MUTUAL HOME LOAN, INC., Patricia Licciardi Insurance Agency, Inc. and the Louisiana Cit…

Charles C. HARDING and Louellagivens Harding, v. AMERICAN NATIONAL P&C COMPANY.

 

Louisiana Trial Courts

Pedro OBREGON, v. AMERICAN NATIONAL GENERAL INSURANCE COMPANY and Carmen Rivera

Robert W. BREHM and Rose Brehm, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Nancy W. Gibson and Anpac Louisiana Insurance Company.

Martha B. PIERRE, v. Dianne T. CORONA and Anpacla Insurance Company.

Ashley M. ASEVEDO, v. ANPAC LOUISIANA INSURANCE COMPANY, and Oscar Higginbotham, Jr.

Bryce HAMILTON, v. Rachel DELCASTILLO, Anpac Louisiana Insurance Compan and American Home Assurance Company.

Ernest SOUHLAS, Jr., v. Linda Thanh LE TAM, Nboc T Do, American National General Insurance Company and USAA Casualty Insurance Company.

Deirdre LAWRENCE, v. Lashawn K. DAVIS, American National Property and Casualty Company (ANPAC) and Jerlinda Whitehead and State Farm Mutual Automobile…

Wilhelm NAPIER and Lisa Napier, v. ANPAC LOUISIANA INSURANCE COMPANY.

United States District Court for the Western District of Louisiana

 TELEKOM MALAYSIA (HONG KONG) LIMITED, v. VERSSA NETWORKS, INC

TELEKOM MALAYSIA, Berhard, v. VERSSA CONSULTING, INC.

By Peirce Hammond