Summary Judgment Granted Based on Tacit Ratification

2017 June 21
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Lindsay Meador Young and Benjamin G. Torian of the Firm’s Lafayette Office successfully obtained a Summary Judgment in favor of a commercial property owner wherein his title was at issue due to a defective tax sale. The Judgment was based on the defendants tacit ratification of the subsequent sales and cleared title to his property allowing it to be put back in commerce.

Galloway Director Joe Hassinger Re-Elected President of Flood Protection Authority

2017 June 16
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by GJTBS Admin

On June 15th, the Board of Commissioners re-elected Galloway Director Joe Hassinger as President of the Flood Protection Authority. The Authority is a political subdivision charged with managing the flood defense system that protects lives and property in East Jefferson, Orleans and St. Bernard Parishes. Commissioners volunteer for service on the Board. They are nominated by a blue-ribbon committee of industry, civic and academic leaders, appointed by the Governor and confirmed by the State Senate.

Joe was first appointed to the Authority in 2013, and reappointed this year. He has served as President of the Authority since July 2015. “The Flood Protection Authority performs a most important task, and I am humbled that the Board of Commissioners has expressed their confidence in my leadership,” said Mr. Hassinger. “It is a privilege to work with the talented professionals who strive every day to ensure that homes and businesses are protected from storm surge.” (floodauthority.org).

Galloway Secures First Federal Bankruptcy Ruling Delineating The Valuation of Unliquidated Claims Under 11 USC 506

2017 May 25
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by GJTBS Admin

Adam Breeze of the St. Louis office of Galloway obtained the first national ruling concerning valuation of an unliquidated claim for the purposes of valuing assets pursuant to Section 506 of the United States Bankruptcy Code. In the Chapter 13 case at issue, the Internal Revenue Service argued that the value of the Debtor’s unliquidated injury claims should be valued at their eventual settlement amount.  Mr. Breeze successfully objected to that position.  As a matter of first impression in any federal circuit, the Chief Bankruptcy Judge of the Eastern District of Missouri agreed that evidence should be adduced at the time of the filing, as the Code requires valuation at the date of the creation of the bankruptcy estate, and adopted Mr. Breeze’s presentation.  The immediate result to the client was a savings and eventually discharge of nearly 75% of the Service’s claim of $250,000.00.

Know Your Risk, Have a Plan, and Don’t Forget to Notify: Your Company’s Duty to Notify Under Louisiana’s Database Security Breach Notification Law

2017 May 24
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by GJTBS Admin

Please see the attached article: Know your risk, have a plan, and don’t forget to notify: Your company’s duty to notify under Louisiana’s Database Security Breach Notification Law

Written by: Steven M. Bucher

To learn more about Steven, you may visit his bio here: #mce_temp_url#

Lender’s Right to Foreclose Upheld and Damages Avoided via Summary Judgment

2017 May 23
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by GJTBS Admin

Lindsay Meador Young and Benjamin G. Torian of the Firm’s Lafayette office were successful on a highly contested summary judgment in favor of a Lender in Louisiana wherein the Borrower challenged the Lender’s foreclosure and filed a reconventional demand seeking various damages from the Lender. After lengthy oral arguments, all issues were decided in favor of the Lender, allowing for enforcement of the Lender’s mortgage and dismissing all of the Borrower’s claims for damages against the Lender.

Lafayette Attorney Steven Bucher to Give Presentation on Cybersecurity Liability to the Southwest Louisiana Claims Association

2017 May 12
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by GJTBS Admin

Lafayette attorney, Steven Bucher, will be presenting, “Cybersecurity Liability: Assessing risk in a rapidly evolving landscape” to the Southwest Louisiana Claims Association in Lafayette, LA, on Wednesday, June 14, 2017. His presentation will focus on the developing cyber insurance industry, pre-breach risk assessment, and post-breach exposure issues.

Hiring/Firing: A Few Do’s and Don’ts by Mandeville Attorneys Doris Bobadilla and John Getty

2017 May 9
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by GJTBS Admin

To view, please follow the link below.

Hiring and Firing by Doris Bobadilla and John Getty

Galloway Trial Success in Calcasieu Parish

2017 April 25
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by GJTBS Admin

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.

Successful Defense to Zoning and Development Attack

2017 April 24
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by GJTBS Admin

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.

Galloway St. Louis Office Successfully Defends Positive Precedent In Illinois for Mortgage Lenders

2017 March 17
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by GJTBS Admin

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.