- Successful Representation of Client in Appellate Matter Involving Exception of Prescription
On behalf of our client, McGlinchey attorneys convinced the Louisiana First Circuit Court of Appeal to affirm dismissal of a case filed by the plaintiff on an exception of prescription. The case, dealing with the type of evidence a creditor must submit in order to interrupt prescription on a demand promissory note under La R.S.More
- Construction Matter Before the Louisiana Supreme Court
Successfully represented a client before the Louisiana Supreme Court, the Louisiana First Circuit Court of Appeal, and the trial court on the issue of whether a contractor breached the contract with the client and whether the contractor was statutorily immune for its breach because the contractor alleged it had built the project in accordance withMore
- Representation of National Bank in Mortgage Foreclosure Dispute in Louisiana Fifth Circuit Court of Appeal
Successfully represented a national bank on an issue of first impression before the Louisiana Fifth Circuit Court of Appeal. The bank foreclosed on a mortgage through executory process. The property owner was served with the notice of seizure and sale. Several days before the scheduled sale, the property owner filed for bankruptcy protection. However, afterMore
- Firm Earns Appellate Victory for Airline Client in Personal Injury Case
Obtained a favorable decision by the Fifth Circuit Court of Appeal granting firm airline client’s motion to dismiss a plaintiff’s claim of defective seating configuration within an aircraft, which he claimed caused him deep vein thrombosis (DVT). Previously, the 24th Judicial District Court in Jefferson Parish, Louisiana had granted the exception of no cause ofMore
- Firm scores large victory for a worldwide energy provider client in Arceneaux v. Syngenta et. al.
A wrongful death suit involved negligence and intentional tort claims brought by the client’s former employee who sustained a single workplace accident against multiple defendants, which allegedly caused the plaintiff to contract terminal lung cancer. The matter was actually referred and transferred by the client to McGlinchey from another firm after the Court originally denied our client’s summary judgment.More
- Successfully overturned judgment on appeal finding that client’s claim was time-barred.
Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal.
- Persistence and a Lean, Long-Term Strategy Made the Difference in Opening the Way for Charter Schools in New Orleans
Where we started: When Hurricane Katrina devastated the City of New Orleans, it destroyed most of the city’s public-school buildings. The planned rebuilding of the city’s education system included a prominent role for charter schools – a watershed moment for primary and secondary education in Louisiana. Teachers’ unions opposed the plan because charter schools replacedMore
- Getting Royalty Interests Right: Appeal Preserves Longstanding Industry Interpretations of Mineral Interests
Where we started: Our client, a global petrochemical company, was the holder of an overriding royalty interest (ORRI) valued at hundreds of millions of dollars on an oil field on the outer continental shelf adjacent to Louisiana. After years of litigation, a federal district court held that the mineral instruments creating the ORRI did notMore
- Recoverability of Attorney’s Fees
Mutual Concepts, Inc. v. First Nat. Bank of Omaha (495 Fed.Appx. 514) Court of appeals reversed district court judgment awarding attorney’s fees against bank client because attorney’s fees were not recoverable under Nebraska law.
- Santander Consumer USA, Inc. v. Palisades Collection, LLC (447 S.W.3d 902)
Court of Appeals reversed in part and rendered in part a summary judgment against the client financial services company for breach of contract based on the application of the statute of limitations.
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