Lafayette attorneys, Katie Penny and Tiger Pharr were successful in a jury trial this week in Calcasieu (Lake Charles) Parish where the jury found the Plaintiff 50% at fault and awarded him over $400,000 less than his request from the jury and significantly less than had been offered at mediation. Plaintiff had sustained second degree burns to his hands, arms, trunk and face.
Representing a national developer, Scott Mueller and Anne Kelly successfully obtained the dismissal of a disgruntled resident neighbor and neighborhood association that contested the development of a premium 20 lot development in St. Charles County, Missouri. Over the course of many years, Plaintiffs attached the development on every level, requiring planning and zoning advocacy, litigation and motion practice and municipal and political appeal to resolve the time-sensitive and lucrative venture. Galloway’s St. Louis office attorneys obtained the consent judgments of all co-parties before finally resolving the “hold out” contestor and securing the dismissal of the litigation and approval of the Municipal board of aldermen and zoning commission.
Representing a national lender in the Chicago “collar counties”, Scott Mueller and Anne Kelly previously obtained the dismissal of an action to set aside a decade old foreclosure due to a technicality on the face of the summons in the Illinois foreclosure action. This helped distinguish negative precedent in Illinois for mortgage lenders. The well-known plaintiff’s attorney filed an appeal and repeatedly requested the Appellate Court for permission to delay filing deadlines. Galloway’s attorneys filed a substantive and procedurally formal opposition, granted in part, which caused the appellant’s attorney to abandon the appeal altogether, and leading to a positive precedent in favor of the client and similarly situated lenders.
Katie Penny, an attorney in Galloway’s Lafayette office, was successful in having the trial court grant our client’s Motion for Summary Judgment, finding no coverage existed under the Business Auto policy in an uninsured/underinsured motorist (UM/UIM) claim because the insured company’s coverage selection of only “owned autos” for UM/UIM coverage in the policy excluded coverage for an employee driving a non-owned auto in what she alleged was the course of her employment.
FOR IMMEDIATE RELEASE: (March 14, 2017) – The Claims and Litigation Management Alliance (CLM) is pleased to announce Galloway, Johnson, Tompkins, Burr & Smith as sponsor for the 2017 CLM Annual Conference. CLM will host 2,000 claims professionals and outside counsel in Nashville on March 29-31, 2017, during the largest insurance claims conference in the country. In addition to the plentiful networking opportunities there will be three days of powerful programs tailored to the contemporary needs of claims and litigation management professionals and defense attorneys serving the insurance industry.
Galloway, Johnson, Tompkins, Burr & Smith is a regional law firm dedicated to delivering value in legal counsel to local, national, and international businesses and insurers. Galloway Johnson has over 100 attorneys located in 11 cities in Texas, Louisiana, Mississippi, Alabama, Florida, Georgia and Missouri. We are recognized by our clients for the depth of our legal counsel and for our innovative and aggressive advocacy. Galloway Johnson’s attorneys are experienced in handling insurance, admiralty and maritime law, products liability, employer’s liability, general casualty, professional liability, construction, transportation, environmental, and energy claims, as well as corporate transactional matters. For more information about Galloway Johnson, please visit www.gallowayjohnson.com or contact Rick Duplantier at firstname.lastname@example.org
About the CLM:
The Claims and Litigation Management Alliance (CLM) promotes and furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. CLM’s Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provides resources and fosters communication among all in the industry. To learn more about the CLM, please visit www.theclm.org.
Susan Wisbey-Smith, Chief Communications Officer
Claims and Litigation Management Alliance
Galloway, Johnson, Tompkins, Burr and Smith would like to congratulate Houston attorney, Kelly C. Hartmann, for being named Super Lawyers Texas Rising Star 2017.
Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.
Scott Mueller, Vice Chair of the American Bar Association Title Insurance Litigation Committee, co-moderated a panel at the organization’s annual Spring Meeting in Charleston. The panel consisted of four underwriter’s managing claims counsel and a 90 minute discussion/Q&A, engaging the audience on the topic of “Forging Lasting Relationships with Outside Counsel.” The meeting was attended by multiple national and regional title insurance underwriters and practitioners from all regions throughout the country.
Please join us for our 3rd annual Claims Conference held at the Tampa Marriot Waterside Hotel in Tampa, FL on March 30th, 2017. The conference will begin at 11:00 am and consist of 5 courses lasting until 5 pm, with a closing reception to follow. To RSVP, please email RSVP@gallowayjohnson.com.
To view the schedule and learn more, you may view the invitation here: 2017 Galloway Claims Conference – Invitation
Or you may contact, Nicole Fluet email@example.com or Lee Harang firstname.lastname@example.org for more information.
David Jester and Natalie Daugherty recently secured a Summary Judgment with Prejudice in a case pending in Covington County, Alabama. The case was the result of a fall from a bridge construction site that caused a catastrophic injury to the Plaintiff. The Court ruled that the Plaintiff’s fall was his own fault because he “knowingly entered onto an elevated platform to work despite the absence of guard rails.” The Court found the lack of safety railings an open and obvious danger, negating any duty owed by the client, a general contractor, to the Plaintiff. Before summary judgment was granted, the Plaintiff was claiming damages in the millions of dollars.
St. Louis attorneys, Scott Mueller and Mary Giles prevailed on summary judgment (after a yearlong period of court contemplation) to reform the legal description in a national lender client’s purchase money loan. Unfortunately, an attorney for the junior judgment lien holder tried to use the legal description error to throw out the priority of the client’s mortgage lien. Scott and Mary used the other notice-providing features of the first in time client mortgage, and even enlisted the affidavit of the borrower, who 1) had no incentive to help his foreclosing lender and 2) specifically recalled the notice and intention of the junior lien holder.