Representative Matters
Successfully represented and obtained judgment for Miller Act plaintiff against contractor and its sureties in federal district court bench trial, and obtained judgment affirming the district court decisions from the Firth Circuit Court of Appeal. United States ex rel. Jems Fabrication, Inc. v. Benetech, LLC, 2013 U.S. Dist. LEXIS 108275 (E.D. La. Aug. 1, 2013), aff’d, 2014 U.S. App. LEXIX 8175 (5th Cir. La. Apr. 30, 2014).
Obtained early dismissal of state antitrust claims on behalf of major biotechnology company brought by the Louisiana Attorney General and successfully represented the company on the remaining Average Wholesale Pricing claims (2012).
Led team in securing full dismissal of federal RICO charges and related ad valorem tax collection and fraud claims brought against a group of clients by the Terrebonne Parish tax assessor (2010).
Successfully represented a major crude oil offloading company in pursuing antitrust claims against international cartel members in the marine hose industry (2010).
Significant part of trial and appellate team, defended an international law firm and one of its senior partners in a two-week jury trial in Mississippi state court (2010).
Obtained early dismissal of state and federal monopolization claims on behalf of an international marine salvage company through a successful Rule 12(b)(6) motion (2009).
Secured full dismissal of state antitrust claims of price fixing and monopolization on behalf of Motiva Enterprises, LLP that was affirmed by the Louisiana Fourth Circuit Court of Appeal and the Louisiana Supreme Court (2009). Tuban Petroleum, LLC v. SIARC, Inc., 09-0302 (La. App. 4 Cir. 4/15/09), writ denied, 09-0945 (La. 6/5/09), 9 So. 3d 877.
Obtained key victory on behalf of a major biotechnology company against claims of illegal tying arrangements brought by the Louisiana Attorney General (2008).
Obtained dismissal of antitrust price fixing claims filed by the Louisiana Attorney General against one of the world’s largest international consulting firms (2008). State of Louisiana, ex. rel., James D. Caldwell v. Allstate Insurance Co., et. al., No. 07-9409 (E.D. La. Dec. 17, 2008).
Successfully defended a major maritime company in a Department of Justice investigation based on allegations of conspiracy to rig bids and fix prices in a series of government contacts (2008).
Developed a successful legal theory for removal of state attorney general suits against industry as disguised “class” and “mass” actions subject to the Class Action Fairness Act. See State of Louisiana, ex. rel., James D. Caldwell v. Allstate Insurance Co., et. al., 2008 U.S. App. Lexis 15275 (5th Cir. July 18, 2008).
Successfully represented a major health care corporation and local hospital in pursuing attempted monopolization claims against competing hospital whereby the competing hospital ceased its attempt to monopolize the relevant clinic market following Hurricane Katrina (2005).
Assisted in successfully representing the Greater New Orleans Hotel and Lodging Association in opposition to Tax Increment Financing (TIF) of proposed hotel development where the proposed TIF statute was found unconstitutional by the Louisiana Supreme Court (2005). World Trade Center Taxing District v. All Taxpayers, 05-0374 (La. 6/29/05), 908 So. 2d 623.
Part of legal team that secured a key victory for a federal banking agency in the United States Fifth Circuit. The class action attacked the insured status of a federally insured banking institution. Heaton v. Monogram Credit Card Bank, 297 F.3d 416 (5th Cir. 2002).
Part of the legal team in a professional liability case for a federal banking agency that secured an important victory in the United States Fifth Circuit involving the failure of Louisiana’s largest thrift institution (2000). FDIC v. Barton, 233 F.3d 859 (5th Cir. 2000).