Cases
Representative Matters: Kadant Johnson, Inc. v. Joseph V. D'Amico, Louisiana Steam Equipment, LLC
Utilities Optimization Group, LLC
Plaintiff was seeking more than $162 million in liquidated
other damages based on a provision of a non-disclosure, non-competition,
non-solicitation agreement ( NDA ) that had been in place prior to the two companies parting ways. The plaintiff claimed that the defendant/client was restricted by a non-competition, non-solicitation,
confidentiality provisions that entitled it to $250,000 per breach. The plaintiff also filed claims of unfair trade practices, trade secret violations, copyright violations,
patent infringement, as well as general breach of contract allegations. Following a two-week trial with 29 witnesses
the admission into evidence of more than 900 exhibits, the U.S. District Court for the Eastern District of Louisiana issued a ruling
judgment in favor of defendants dismissing all claims against the firm's client, Louisiana Steam Equipment, LLC
various other related entities, as well as Mr. D'Amico.
B&G Crane Service, L.L.C. v. Shannon Duvic, Bryan Vige,
Turner Bros. Crane & Rigging, Inc. , 2005 1798 (La. App. 1 Cir. 5/5/06), 935 So. 2d 164
2006 La. App. (NO. 2005 CA 1798). Representing plaintiff, suit was filed seeking monetary damages, a temporary restraining order, a preliminary
permanent injunction
declaratory relief. The Court of Appeals agreed
plaintiff was entitled to a preliminary injunction pursuant to Louisiana's Unfair Trade Practices
Consumer Protection Law.
Loria v. Children's Hospital, 31 Employee Benefits Cases 2171-2181 (USDC, E.D. La. Aug. 27, 2003). Plaintiff's claims of intentional infliction of emotional distress
intentional interference with the receipt of benefits under an employer-sponsored long term disability insurance policy were dismissed on summary judgment.
Labbe v. Chemical Waste Management , 786 So.2d 868 (La. App. 3d Cir. May 2, 2001) writ den'd (La. Sept. 14, 2001). Plaintiff's claim of intentional infliction of emotional distress
disability discrimination were dismissed on Chemical Waste Management's Motion for Reconsideration of a summary judgment filed prior to a procedural change in the law. Success for the company was made possible after uncovering evidence justifying the recusal of the district court judge originally assigned to the case.
Labbe v. Chemical Waste Management , 756 So.2d 613 (La. Ct. App. 3d Cir. 2000) writ den'd (La. 2000). Plaintiff's claim of intentional exposure to hazardous chemicals was dismissed due to a lack of supporting evidence that the company harmed or intended to harm Mr. Labbe by exposing him to a dangerous environment.
Tumbs v. Wemco, Inc. , 97-2437 (La. App. 4 Cir. 4/22/98), 714 So.2d 761 (La. App. 4th Cir., Apr. 22, 1998) (NO. 97-CA-2437). Plaintiff claimed disability discrimination, intentional
negligent infliction of emotional distress. After a jury verdict in favor of Wemco, Plaintiff's appeal was unsuccessful.