Results

COMMERCIAL LITIGATION

Input/Output, Inc., et al v. Wilson Greatbatch Technologies, Inc., et al, (24th JDC, Parish of Jefferson)

Frilot represented battery manufacturer ION Geophysical Corp. and its corporate predecessors in a commercial dispute arising out of the misappropriation of ION's design for high-capacity power sources for its survey positioning devices in the oil and gas exploration industry. After a two-week jury trial ending in October 2009 in Gretna, Louisiana, the jury rendered a verdict for ION, for fraud, violation of the Louisiana Unfair Trade Practices Act and breach of contract, and awarded damages of $21,733,411 (growing to over $33,000,000 with accrued legal interest and attorneys fees). Frilot was first retained by ION in 2007, shortly after ION's case had been dismissed summarily by the District Judge.  Frilot successfully handled the appeal, obtained a reversal and reinstatement of the case, and after remand tried the case to a conclusion.

INSURANCE

Lloyd's Syndicate 457, et al. v. FloaTEC LLC, et al., 2017 WL 3189020 (S.D. Tex. July 27, 2017)

Frilot represented FloaTEC LLC, which was retained by Chevron to design 16 tendons that were to connect the offshore drilling rig "BIG FOOT" to the sea floor. During the attempted installation in late May and early June 2015, nine of the tendons fell to the sea floor. Chevron's builder's risk underwriters paid in excess of $500 million under their policy and asserted claims against FloaTEC, among others, to recoup their damages. Frilot was able to obtain the summary dismissal of the underwriters' claims filed against FloaTEC prior to even filing an answer, successfully arguing that under the wording of the applicable insurance policy, FloaTEC was an "other assured" against which the underwriters had no subrogation rights. 

CLASS ACTIONS

Murphy Oil Corporation Katrina-related environmental class actions Turner v. Murphy Oil U.S.A. Inc., 234 F.R.D. 597 (E.D.La 2006).

Shortly after Hurricane Katrina devastated southeast Louisiana, an oil tank on Murphy Oil USA, Inc. 's ("Murphy'') refinery property released approximately 25,000 barrels of oil. Twenty-eight class action suits were filed against Murphy shortly after the spill. After these class actions were consolidated, the lawyers representing the plaintiff class billed the case as the largest environmental case since the Exxon Valdez spill (a case with a total exposure of over $6 billion). Frilot oversaw a voluntary settlement program on Murphy's behalf, which ultimately became a class action settlement. Through this program, Murphy settled with over 2700 property owners, dramatically decreasing the potential cost of litigation. Claims offices were established in Metairie, Mandeville, Baton Rouge and Houston less than 2 months after Katrina struck, and more than 20 firm employees worked at these offices resolving claims making findings, capturing findings in a database and reported these findings.

MEDICAL MALPRACTICE

Aisha Berryhill, Individually and on Behalf of Her Minor Child, Lashawn Quinn, Jr. versus Minh C. Dao, M.D. (Civil District Court for the Parish of Orleans 2017)

Frilot attorneys represented an Internist in a medical malpractice case in CDC, Orleans Parish, in which it was alleged that a child sustained permanent neurological deficits related to a placental abruption as a result of the physician’s malpractice. Plaintiff prayed for damages in the range of $12-$16 million dollars. Following a five day jury trial, the jury returned a verdict in favor of the physician by a 12-0 vote.

ALTERNATIVE DISPUTE RESOLUTION

Keytrade AG v. Nagarjuna Fertilisers and Chemicals Ltd., LCIA Arbitration No. 142698

Frilot attorneys represented Keytrade, a Swiss commodities trader, in a London arbitration against Indian conglomerate Nagarjuna, alleging the latter breached contracts in which Nagarjuna agreed to purchase 50,000 MT of fertilizer from Keytrade on CFR terms.  Following a two day hearing in London against Nagarjuna’s legal team comprised of solicitors from “magic circle” firm Clifford Chance and their chosen barrister, the Tribunal found Nagarjuna’s legal defenses to be without merit and awarded Keytrade damages and legal costs in excess of $2 million. 

TRUCKING AND TRANSPORTATION

Simpson, et al. v. Omega Precision, Inc., et al., Superior Court of California County of Sacramento, case number 34-2017-00210287, filed April 3, 2017.

Frilot represented All-Ways Trucking, Inc., a domestic freight broker, who was sued by the family of a deceased employee of a motor carrier retained by All-Ways to transport a machine via interstate commerce.  While loading the machine, the decedent suffered a catastrophic injury which left him a quadriplegic and lead to his ultimate death some months later.  Suit was filed in California state court against All-Ways along with a panoply of other transportation and hospital defendants.  The plaintiffs were seeking $146,000,000 in damages.  Frilot was able to obtain the summary dismissal of plaintiffs’ claims filed against All-Ways prior to even filing an answer, successfully arguing that under the relevant federal statutory framework governing freight brokers all negligence based claims were expressly preempted. This was the first such ruling in a personal injury/death case in the nation.