2.11 Michele Hale DeShazo recently served as lead trial counsel in a prescription trial in Louisiana state court involving claims of exposure to Naturally Occurring Radioactive Material (NORM). The claims were dismissed with prejudice by the Court at the close of the trial.
11.10 Michele Hale DeShazo's article, "November Midterm Elections May Dramatically Alter Federal Legislation," was recently published in the November issue of the Defense Research Institute’s (DRI) publication, The Whisper.
10.4.10 Monique Weiner’s appellate briefing, and preparation of the defense at the trial court level, recently resulted in the United States Fifth Circuit Court of Appeals affirming the trial court’s grant of summary judgment in Keri Richard v. DuPont Company. After her termination, the plaintiff claimed that she was disabled under the Americans with Disability Act (ADA), and that DuPont had failed to accommodate her disability, resulting in a discrimination and wrongful termination claim. She also alleged that she was discriminated against because of her gender and her pregnancy. The trial court granted summary judgment as to all claims, and the Fifth Circuit affirmed the dismissal, finding that no genuine issues of fact existed as to whether the plaintiff was disabled under the ADA, or whether she had proved pretext for the gender discrimination claim. The unpublished opinion can be located at 2010 WL 3852347 (C.A.5 (La.) 2010).
9.10.10 Robert E. Guidry has been promoted to Senior Counsel.
8.10 Deb Kuchler has been appointed to serve as one of the Defense Liaison Counsel and to serve as a member of the Defense Steering Committee for the Deepwater Horizon Multi-District Litigation arising out of the explosion of the rig on April 20, 2010 and subsequent oil spill.
6.10 In early July, Leigh Ann Schell obtained a defense ruling on a significant Motion for Summary Judgment. In a plaintiff favorable venue, Ms. Schell successfully argued that the defendants were not the successors in interest to an entity alleged to be responsible for asbestos liabilities. The issue was hotly contested by Plaintiffs’ counsel in a living mesothelioma case set for trial. The judgment is of national significance to the defendants.
3.1.10 Michele Hale DeShazo is happy to receive recognition for her role as captain of the Defense Research Institute’s (DRI) Federal Legislative Liaison pilot tracking program, which monitors and provides reports regarding key federal legislation to DRI members, including corporate members. More information concerning this work can be found in this article.
1.10 Michele Hale DeShazo’s article, Federal Health Care Reform Bills Seek Universal Coverage, regarding federal health care reform efforts and their implications was recently published in the January issue of the Defense Research Institute’s (DRI) publication, The Whisper.
1.19.10 After the striking of Plaintiffs' expert testimony on medical causation and associated dispositive motion practice, Ernest Foundas and Deb Kuchler obtained a full dismissal with prejudice of all claims asserted against our Client in an asbestos mesothelioima matter set for trial in East Baton Rouge Parish.
1.4.10 In Civil District Court for the Parish of Orleans, Janika Polk, Leigh Ann Schell and Lee Ziffer successfully obtained dismissal of our client though a Motion for Summary Judgment arguing that our client was not the successor in interest to a manufacturer alleged to have caused the Plaintiff's mesothelioma.
12.17-18.09 Janika Polk and Deb Kuchler successfully arbitrated a franchise law matter in the United States District Court, for the Western District of Louisiana, before a former Magistrate Judge. The Arbitration Award was issued on January 11, 2010, following post-arbitration briefing.
11.25.09 Leigh Ann Schell was asked to serve on HB Litigation Conferences, LLC’s Chinese Drywall Advisory Council.
10.21.09 On October 21, 2009, after oral argument before the 4th Circuit Court of Appeal, McGready Richeson was successful in obtaining a reversal of the Trial Court’s granting of three motions for summary judgment in a living mesothelioma case. The Trial Court granted summary judgment in favor of three stevedoring companies, dismissing Plaintiff’s claims as being pre-empted under federal law. The Trial Court’s decision drastically decreased the number of potential virile shares, thereby potentially increasing our client’s proportional share. By convincing the Appellate Court of the Trial Court’s error, our client’s share of liability is potentially significantly reduced.
10.27.09 Michele Hale DeShazo has been appointed as a legislative liaison to the Defense Research Institute’s (DRI) federal pilot team, which tracks legislative advancements and other developments.
10.16.09 Michele Hale DeShazo obtained on behalf of a client a favorable ruling on a Motion for Allocation of Costs associated with responding to a third-party subpoena duces tecum. The Twenty-Fifth Judicial District Court (Plaquemines Parish) found the request for an allocation of $12,493.90 for the manpower and electronic costs incurred in responding to the subpoena to be supported by the evidence submitted.
9.29.09 Leigh Ann Schell obtained a Summary Judgment for the client in one of the most challenging venues in Louisiana State Court, Civil District Court in Orleans Parish. Focusing on Tort Immunity under Louisiana Law, she successfully argued that the election of benefits contemplated by federal law is an election between two compensation schemes, not an election between compensation and a state law tort claim. This result effectively dismissed all claims against the client, where trial was imminent.
9.1.09 Michael H. Abraham was successful in obtaining a favorable ruling regarding a Daubert challenge on Plaintiffs’ expert pathologist, Dr. Jacques Legier. Union Carbide sought to limit Dr. Jacques Legier’s opinions on his “every exposure above background” theory of medical causation. Judge Robin Giarusso of Division “G”, Civil District Court, Parish of Orleans, granted Union Carbide’s Daubert challenge prohibiting Dr. Jacques Legier from testifying:
- Regarding the “every exposure above background” theory of medical causation with regard to asbestos exposure; or
- That every single asbestos fiber the decedent inhaled above background level contributed to her mesothelioma; or
- In any manner that advances or incorporates the opinion that “any exposure above background” or the “inhalation of a single fiber of asbestos” could have caused or contributed to decedent’s contraction of mesothelioma.
8.09 Deb Kuchler was re-elected as the Vice President to the Federation of Defense and Corporate Counsel.
7.1.09 Leigh Ann Schell was appointed as Vice Chairman of the International Association of Defense Counsel’s Legislative, Judicial and Government Affairs Committee. After a two-year term as Vice Chair, Ms. Schell will function as Chairman of the Committee.
Debbie Kuchler was selected to latest Louisiana Super Lawyers. Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
Kuchler Polk Schell Weiner & Richeson, L.L.C. is pleased to have been admitted into the National Association of Minority and Women Owned Law Firms (NAMWOLF). At the Annual Meeting of the Federation of Defense and Corporate Counsel in Hot Springs, Virginia, Deb Kuchler was re-elected Vice President.
Debbie Kuchler was recently elected to the position of Vice-President of The Federation of Defense and Corporate Counsel (FDCC) at their annual meeting in 2008.
Deborah Kuchler and Leigh Ann Schell drafted and fully participated in the review and amendment process of Louisiana Senate Bill 308. The goal of the bill was to establish a consistent and timely procedure for trial court review of the qualifications and methodologies of expert witnesses.
The effect of the bill is to eliminate “junk science” and non-expert witnesses from the court room. It will require a judge to give written reasons for allowing or excluding an expert witness, which is an excellent tool for appellate review of such decisions.
Kuchler Polk Schell Weiner & Richeson is pleased to announce that Debbie Kuchler was recently elected to the position of Vice-President of The Federation of Defense and Corporate Counsel (FDCC) at their annual meeting in August 2008. |
