- Represented Servicer and GSE in Servicing-Related Litigation
Represented national loan servicer and GSE/investor in wrongful servicing federal litigation, successfully defending claims of willful breach of contract, conversion, fraud, breach of duty of good faith and fair dealing, intentional infliction of emotional distress, defamation, and violations of FDCPA, RESPA, and Mississippi S.A.F.E. Mortgage Act. Obtained summary judgment on all claims in favor of bothMore
- Representation of national lender in multiple lawsuits
Represented national lender in multiple lawsuits, including state court suit for discovery later dismissed as a “fishing expedition,” and separate federal court suit with fraud, fraudulent conveyance, injunctive relief, unjust enrichment, breach of good faith and fair dealing, negligence, and emotional distress claims. Prior to discovery on the merits, the federal district court dismissed theMore
- Obtained favorable jury verdict on breach of contract and breach of good faith and fair dealing claims related to the denial of SBA loan.
The plaintiff claimed that our client, a national bank, had breached the terms of a conditional loan commitment to finance the purchase and renovation of a building for a Subway restaurant by withdrawing the commitment after the plaintiff spent tens of thousands of dollars repairing the property. The case ultimately proceeded to a jury trialMore
- Successfully obtained judgment in a foreclosure lawsuit by establishing mortgage servicer’s compliance with HUD/FHA regulations prior to foreclosure
Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action,More
- Successfully obtained judgment for mortgage servicing client on falsification and fraud claims.
Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, we moved for summary judgment, and the court ultimately granted the bank’s motion, finding that the borrower’s purported handwriting expert did not qualify as one and that the signatureMore
- Represented Regional Bank Trust Department in Estate-Related Litigation
- Representation of National Bank in Consumer Protection and Antitrust Litigation
Representing national bank and subsidiary in consumer protection and antitrust litigation brought by state attorney general for alleged abusive practices resulting in unnecessary fees charged to consumer credit card holders.
- Representation of Lenders/Originators in Series of Mass Actions with RICO and Mortgage Fraud Claims
Represented multiple lenders/originators in series of mass actions involving almost 150 plaintiffs with RICO and mortgage fraud claims.
- Defense of International Clients in Allegations of Price Fixing Conspiracy
- 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
- Iberville Parish v. Louisiana Department of Education
The Louisiana Supreme court upheld State funding to Charter Schools. View the opinion here.
- Parents Against Testing Without Teaching v. Board of Elementary and Secondary Education, 2000 31267 (5th Cir. 2001)
Jay O’Brien successfully defended the State Board of Education against constitutional challenges to Louisiana’s LEAP test. The LEAP test established minimum requirements for 4th and 8th grade students in order to obtain promotion to the next grade.
- Successfully overturned five-plus-year-old default judgment entered against financial institution.
After garnishment proceedings had been initiated against our client, a national trust company, we were able to stop the collection efforts and get a default judgment that was more than five years old vacated against the client so that the case could be litigated on its merits.
- Successfully mediated $2.5 million dollar shareholder derivative lawsuit against limited liability company.
Represented both the LLC and its owner-members in a shareholder derivative suit challenging various changes to the corporate structure and make-up of the board of directors, ultimately resolving the case after extensive discovery and mediation practice.
- Successful defense of RICO claims against national bank.
Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it didMore
- Construction Claims Dismissed and Liens Removed in Multiple Lawsuits Against the Owner of a $248-million Hotel and Casino Resort
Where we started: In the midst of constructing a $248 million hotel and casino resort in Baton Rouge, our client, a national hospitality company, faced liens and lawsuits brought by the general contractor and multiple subcontractors in state and federal court. At issue were warranty claims, lien claims, breach of contract claims, acceleration claims, andMore
- Quick and Skillful Engagement with Regulators Prevented a Potential $1 Million Fine
Where we started: Our client, a manufacturer and supplier from outside Louisiana, came to us when the Louisiana State Licensing Board for Contractors cited them for acting as a contractor without a license and hiring unlicensed contractors on a $10 million+ contract. The investigation and citation arose from a jilted bidder filing an administrative complaint as wellMore
- Establishing Permanent Funding for Charter Schools Required Defending New Orleans from a Constitutional Challenge
Where we started: The Minimum Foundation Plan is a method the State of Louisiana uses to fund public education. After the State and the City of New Orleans created numerous charter schools in Orleans Parish, teachers’ unions initiated a lawsuit alleging that The Minimum Foundation Plan was unconstitutional. The plaintiffs claimed that the charter schools wereMore
- BP Exploration & Production Inc. v. Cashman Equipment Corporation (2016 WL 1387907)
Court denied summary judgment against client barge services provided on the issue of whether there was a “meeting of the minds” as to amendments to a Master Services Agreement.
- Carefully Calculated and Integrated Legal Maneuvering Resolves Litigation on Many Fronts
Where we started: In a recent multi-layered matter, we represented a company that purchased residential solar arrays after the business venture failed. The company faced lawsuits by and against taxing authorities and civil litigation with other companies. Our lawyers handled the representation in both the administrative and court proceedings. Our strategy – plus more: WhileMore
- Louisiana Supreme Court Issues Groundbreaking Decision on Public Education Funding, Handing a Major Victory to Students, Parents, and State School Board
We crafted a trial strategy presenting the proper evidence that would create a record in which any adverse rulings in the lower court ultimately could not be sustained.
- 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.
- Successfully defended a British wastewater treatment defendant in antitrust action involving U.S. wastewater treatment industry
Represented a British wastewater treatment defendant in an action alleging antitrust, RICO, and unfair trade practices claims pertaining to the United States wastewater treatment industry. The case is significant because it addresses the viability of an antitrust action in a refusal to deal context. The case was won on dispositive motions.
- Represented an inventor in its petition for declaratory judgment and in a counterclaim against it for breach of fiduciary duty by usurpation of a corporate opportunity
Represented an inventor in its petition for declaratory judgment and in a counterclaim against it for breach of fiduciary duty by usurpation of a corporate opportunity. The case is significant because it addressed the then-novel issue of a common law action for usurpation of corporate opportunity in the context of Louisiana’s corporate fiduciary law. TheMore
- Represented an equity investor and mortgage lender in a suit relating to low-income housing in Louisiana, Mississippi, and Tennessee
Represented an equity investor and mortgage lender in a suit for preliminary and permanent injunctive relief and for damages filed by the plaintiffs, developers of federally-supported low-income housing in Louisiana, Mississippi, and Tennessee. The court denied the preliminary injunction which sought to prevent the client from exercising its rights on 12 projects. The remainder ofMore
- Represented a worker’s compensation fund in an injunction suit pertaining to a service agreement relating to workers’ compensation insurance
Represented a worker’s compensation fund in an injunction suit pertaining to a service agreement affecting the 5,000 participating employers and 40,000 small business employees provided workers’ compensation insurance through the client fund. If a favorable settlement had not been reached, irreparable damage would have been suffered by the insured employers and employees.
- Represented a state agency in suit brought by insurer alleging constitutional violations in ratemaking decisions
Represented a state agency in a suit brought by an insurer alleging constitutional violations with respect to insurance ratemaking decisions. The case is significant because it addresses the immediate appealability of a discovery ruling on qualified immunity, the requisites for qualified immunity, absolute legislative immunity, and the requisites of asserting a §1983 suit alleging theMore
- Represented a mortgage servicer in a putative class action with multiple allegations
Represented a mortgage servicer in a putative class action alleging breach of contract, common law fraud and negligent misrepresentation, breach of fiduciary duty, conversion, negligence and gross negligence, common law bailment, violation of the Michigan Deceptive Trade Practices Act, and unjust enrichment with respect to the payment of private mortgage insurance. Remand was denied, andMore
- Represented a major national bank in a suit brought by several pooled asset funds against numerous defendants
Represented a major national bank in a suit brought by several pooled asset funds against numerous defendants. The claims alleged violation of securities laws and ERISA and fiduciary breach. This complex securities case endangered considerable interest in light of the fact that governmental entities’ retirement assets were invested in some of the funds. Additionally, theMore
- Represented a life insurer in a national putative class action alleging improper insurance sales practices, misrepresentation, and breach of contract
Represented a life insurer in a national putative class action alleging improper insurance sales practices, misrepresentation, and breach of contract. This case is significant because remand to an unfavorable state court jurisdiction on a fraudulent joinder claim was denied. The case settled after the filing of a motion for summary judgment.
- Represented a catastrophic insurance adjuster in nearly 200 Hurricane Katrina-related individual and mass actions
Represented a catastrophic insurance adjusting company in nearly 200 Hurricane Katrina-related individual and mass actions involving various claims including RICO, fraud, contract, and negligence claims. A successful partial summary judgment led to the dismissal of fraud and other claims against the client, and the extra-contractual and punitive damages claims were voluntarily dismissed. The client wasMore
- Represented a British wastewater treatment company in a contract rectification case governed under English law
Represented a British wastewater treatment company in a contract rectification case governed under English law. The case on the merits is significant because it involved the application of English contract law. The case also was significant because, after judgment was final and based on a contractual choice-of-law clause, the plaintiff filed an application for attorneys’More
- Represented independent financing company in contentious complex commercial litigation
Successfully defended an appeal to the Eleventh Circuit Court of Appeals of a summary final judgment entered in favor of an independent financing company for breach of a commercial equipment lease contract and guaranty. The total amount awarded to the client was in excess of $950,000 inclusive of attorneys’ fees and costs. The victory isMore
- Deep understanding of medical imaging and injury claims paired with diligent research yields win for transportation client
McGlinchey’s team of attorneys and paralegals put their extensive experience defending allegations of brain injuries, and a particular familiarity with brain and medical imaging, specifically DTI, to work in predicting what damages opposing counsel would allege, determining the best line of questioning for the Plaintiff’s medical experts, and identifying the most effective factual evidence to defeat this claim against our client.
- TCPA Class Action defeated on merits and class certification thanks to McGlinchey team’s tenacious lawyering
Our client, a materials testing, inspection, and certification company, was the subject of a class action suit regarding calls to set up end-of-lease vehicle inspections on behalf of a captive auto finance company.
- Obtained judgment for an auto finance company on claims that it conspired with a car dealership to violate the Truth in Lending Act.
The plaintiff contended that the auto finance company charged the dealership a “fee” as a condition of financing the vehicle purchase. This purported “fee” in turn was allegedly charged to the consumer through raising the price of the vehicle from its advertised price. The plaintiff contended that this “fee” was actually a hidden finance charge required toMore
- Breach of fiduciary duty
Successfully defended a federal civil litigation involving alleged breach of fiduciary duty resulting in dismissal of action with prejudice.
- State appeal breach of contract
Successfully defended a state appeal involving a civil interpleader action resulting in affirming the lower court’s grant of summary judgment dismissing counterclaims for breach of contract and negligence.
- Alleged fraudulent conveyances and wage disputes
Successfully defended a state civil litigation involving alleged fraudulent conveyances and wage dispute claims resulting in dismissal of action with prejudice.
- Complete reversal of erroneous unclean hands determination and reduced loan amount in favor of lender
btained a reversal of final judgment of foreclosure, remanded to the trial court with instructions to enter a final judgment in the full amount sought by plaintiff at the non-jury trial. The appellate court agreed that the trial court erred by finding that the plaintiff acted with unclean hands and compounded the error by entering a final judgment for a reduced amount.
