Bob McLaughlin, Emily Bramer and Nikki Baker received a plaintiff's verdict in a pro bono case last week. The case involved a lawsuit against one of four individuals responsible for beating up the plaintiff and breaking his jaw. The defendant refused to settle, arguing that he did not participate in the beating. The verdict for the plaintiff was $95,000, $75,000 compensatory damages and $20,000 punitive damages, after a two-day trial.

Fields Howell attorneys Richard Zelonka and Christy MacPherson recently obtained a victory on behalf of their restaurant client in a slip-and-fall lawsuit in the State Court of Carroll County. In granting Richard and Christy’s Motion for Summary Judgment, the Court adopted their argument that the Plaintiff could not prove that, despite exercising ordinary care for her own personal safety, she lacked knowledge of a stack of bathroom mats due to the restaurant’s actions. The Court also agreed that the Plaintiff could not create a question of fact simply by submitting an affidavit contrary to her prior deposition testimony, and that any such conflict must be construed against her. The Court held that Richard and Christy had established Plaintiff’s knowledge of the mats by evidence in the record, to a level of being plain and palpable, and that the jury’s intervention was not required.

Fifth Circuit Holds that International Insurance Contracts are Subject to Arbitration Regardless of Individual States’ Laws

The United States Court of Appeals for the Fifth Circuit held earlier this week that state law does not reverse-preempt the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a treaty requiring its signatories, including the United States, to recognize written agreements to arbitrate. At issue was a Louisiana statute providing that no insurance contract delivered in that state could deprive Louisiana’s courts of jurisdiction in any action against an insurer, a provision frequently cited by Louisiana courts in invalidating arbitration provisions in insurance contracts. The United States District Court for the Middle District of Louisiana had held that the McCarran-Ferguson Act, a federal law expressly leaving the regulation of insurance up to the states, required the application of Louisiana’s statute. The Court of Appeals disagreed, however, since the Act specifies only that no “Act of Congress” will supersede state law without addressing the effect of treaties.

The case is Safety Nat’l Cas. Corp. v. Certain Underwriters at Lloyds, London, No. 06-30262 (Nov. 16, 2009).

Chinese Drywall Presentation at 2009 FETTI Conference

Matt Barrett and Jeff Kershaw discussed the insurance coverage implications of Chinese Drywall on Friday, October 2, 2009 at the 2009 FETTI Conference in Chicago. The National Forum for Environmental & Toxic Tort Issues (FETTI) is an organization that was created by the environmental sector of the insurance industry. Members are typically individuals, companies and firms actively engaged in the adjustment, settlement and defense of casualty or property claims arising out of environmental damage or exposure to toxic substances.

From 2004 through 2006, drywall manufactured in China was imported for residential construction projects. This “Chinese drywall” was used across the country but mostly in Florida, where there was a housing boom, and in Louisiana, in the aftermath of Hurricane Katrina. Thereafter, homeowners began complaining of foul odors, corrosion, and respiratory and other health problems that they attributed to the drywall. Although hard science regarding the causes of these issues or the drywall’s purported effects remains scarce, claims have be been made and lawsuits filed since reports began surfacing in late 2008. Matt and Jeff's presentation focused on coverage defenses available with regard to drwyall-related damages under commercial general liability, first-party, and pollution liability insurance polices.

For more information including a copy our paper titled "Chinese Drywall: Coverage Implications," please contact Matt Barrett at mbarrett@fieldshowell.com or (404) 214-1733.

Fields Howell attorneys Mike Athans and Matt Barrett received a favorable decision

Fields Howell attorneys Mike Athans and Matt Barrett received a favorable decision from US District Court Judge Louis Sands on September 30, 2009, granting summary judgment to their clients, CNA insurance companies, in a construction defect insurance coverage Declaratory Judgment action in the Middle District, Georgia. Judge Sands ruled that alleged defective construction of apartment buildings in Columbus that resulted in settling, cracking and other alleged damage needing repair did not constitute an accident or occurrence under Georgia law. Therefore, the insurers did not have an obligation to defend or indemnify the insured general contractor that was sued by the property owner in the underlying lawsuit.

Jeff Kershaw recently won a victory on behalf of an engineering firm

Jeff Kershaw recently won a victory on behalf of an engineering firm and its CEO in a professional malpractice case in the Superior Court of Fulton County. In granting Jeff’s Motion to Dismiss, the Court adopted his interpretation of Georgia law regarding the duties of professional engineers. Jeff successfully established that, under Georgia law, an engineer has no duty to examine setbacks or otherwise undertake land surveying work.

Four Litigators Join Fields Howell

Four litigators recently joined Fields, Howell, Athans & McLaughlin LLP. Partner Mike Bruyere and Associates John Kane and Meghan Marino joined the firm from Locke Lord Bissell & Liddell LLP. Associate Christy MacPherson previously worked with Morris, Manning & Martin LLP.

Mike continues his commercial litigation and trial practice, representing businesses and insurers in product defect and consumer fraud class actions, pharmaceutical litigation, trade secret theft, unfair competition, restrictive covenant matters, securities and corporate governance cases, and business-to-business transactional disputes. John, Meghan, and Christy litigate complex insurance and business disputes.

Fields, Howell, Athans & McLaughlin LLP focuses on business litigation and complex insurance matters. Fields Howell litigates commercial, class action, and construction disputes and advises clients regarding coverage disputes involving general liability, first-party, professional liability, errors and omissions, environmental liability, and other insurance policies.