Mississippi Restaurant Defeats Pesty Plaintiff Tale

2017 August 17
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by GJTBS Admin

In Hinds County, Mississippi, Plaintiff accused our client of serving mashed potatoes with a bug in them, causing her to become ill.  Kathryn Platt, of Galloway’s Gulfport, Mississippi office defended the case at trial. Kathryn argued that Plaintiff failed to prove she purchased anything from our client’s restaurant, or in the alternative, if Plaintiff did purchase potatoes, our client was not liable because it had no knowledge of bugs, given its impeccable pest service record and because it followed normal storage and cooking procedures meant to prevent such an occurrence. The result? Plaintiff’s claim was dismissed.

Prior Mortgage Cancelled via Mandamus Action

2017 August 16
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by GJTBS Admin

Lindsay Meador Young and Benjamin G. Torian of the Firm’s Lafayette Office successfully obtained a Summary Judgment canceling a prior mortgage of record that primed their Client’s Mortgage. The holder of the prior mortgage initially failed to cancel same; however, when evidence was submitted that showed the prior mortgage had been satisfied during a bankruptcy proceeding, the Court ordered the cancellation and the Client’s Mortgage was placed in a first-priority lien position as originally intended.

Seven Galloway Attorneys Included in the 24th Edition of The Best Lawyers in America

2017 August 15
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by GJTBS Admin

Galloway, Johnson, Tompkins, Burr and Smith would like to recognize John Galloway, Jim Tompkins, Larry Canada, Kathleen Charvet, Richard Duplantier, Joe Hassinger, and Les Pickett, who were named in The Best Lawyers in America© 2018.

Lawyers on The Best Lawyers in America© list are peer reviewed on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. In 2018, an outstanding 7.3 million votes were analyzed to compile this year’s list.

Galloway, Johnson, Tompkins, Burr and Smith, APLC would like to congratulate the following attorneys named to The Best Lawyers in America© list:

John E. Galloway

Admiralty and Maritime Law

Transportation Law

James M. Tompkins

Admiralty and Maritime Law

Larry G. Canada

Litigation – Construction

Litigation – Insurance

Kathleen K. Charvet

Admiralty and Maritime Law

Personal Injury Litigation – Defendants

Personal Injury Litigation – Plaintiffs

Richard G. Duplantier Jr.

Professional Malpractice Law – Defendants

Lambert J. Hassinger Jr.

Litigation – Construction

Les D. Pickett

Insurance Law

You may also visit Best Lawyers website for more details: https://www.bestlawyers.com

Summary Judgment Granted In Leon County Negligence Case

2017 August 14
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by GJTBS Admin

Ben Zimmern and Juan Fernandez of the Firm’s Pensacola Office successfully obtained a summary judgment in a premises liability and negligent security lawsuit pending in Leon County. The Plaintiff was shot multiple times while on our client’s premises and suffered extensive injuries as a result. The Plaintiff was hospitalized for several days, incurred approximately $100,000 in medical bills, and suffered from lingering physical and psychological injuries.  Before filing suit the Plaintiff demanded $1,000,000 and negotiations ended when the Plaintiff refused to accept a high five figure settlement offer, claiming they would never settle for less than $450,000.

In litigation, a Motion for Summary Judgment was quickly filed with the court arguing that the firm’s client was not responsible for the Plaintiff’s injury. After extensive briefings and a lengthy hearing the court held that even giving the Plaintiff every reasonable inference there was no duty owed by the landowner to the Plaintiff and summary judgment was therefore proper.

St. Louis Director, Scott Mueller, Appointed to ABA’s Title Insurance Litigation Committee as Vice Chair and Treasurer for 2017-2018

2017 August 11
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by GJTBS Admin

The American Bar Association’s Title Insurance Litigation Committee has appointed Galloway’s Scott Mueller to serve as Vice Chair and Treasurer for the 2017-2018 year. Scott Mueller, a Director in our St. Louis office, joins the team made up of distinguished lawyers from around the county, which include members from the nation’s finest law firms and corporations.

For over twenty-five years, the Title Insurance Litigation Committee, a committee of the ABA Tort Trial & Practice Section (TIPS), has covered all matters relating to the law of title insurance, including legislative, regulatory and judicial. They encompass a diverse cross-section of the title industry devoted to the awareness of developing title case law, professional networking, monitoring trends in the title industry and being a resource to each other.

Scott will join the committee during their bi-annual meetings to participate in seminars relevant to the title insurance and escrow industry.

To learn more about the committee, please visit their website http://bit.ly/2wOWYmT or contact Scott Mueller directly,smueller@gallowaylawfirm.com.

Evidence of Actual Knowledge Ends Futile Appeal of Reformation and Quiet Title Summary Judgment

2017 August 10
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by GJTBS Admin

Galloway’s St. Louis office recently obtained the dismissal of an appeal pending in the Missouri Eastern District Court of Appeals.  Galloway Direct Scott Mueller obtained summary judgment in St. Louis County on a reformation and quiet title action as to one lone “holdout” lien holder that sought to capitalize on a mistaken legal description and thus “leap frog” in the lien priority to foreclose in first position.  However, Scott Mueller and Anne Kelly were able to demonstrate to an informal Eastern District pre-briefing mediation judge that the documentation and evidence showed incontrovertibly that the appellant “hard money” lender actually knew of and intended its junior lien position.  This notice prevented it from benefitting from any technical issues concerning the client’s deed of trust and when faced with this scenario the appellant dismissed its appeal.

IRS Tax Lien Release in Response to Rescission

2017 August 9
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by GJTBS Admin

The St. Louis office obtained a full release of an IRS federal tax lien against its client’s real property in St. Louis, Missouri. At foreclosure sale, a third party “missed” the lien at issue and failed to give statutory notice to the IRS of the impending sale. But by leveraging the ability to judicially rescind the post – lien foreclosure sale, reinstate the power of sale contained in the client’s deed of trust (mortgage) and essentially “re-foreclose” with proper notice, Galloway’s attorneys Scott Mueller and Anne Kelly convinced the IRS to release its interest consensually without the need for litigation costs and delays to the client, which was then able to sell the property as intended.

Reformation Action Successful on Behalf of Lender

2017 August 7
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Lindsay Meador Young and Benjamin G. Torian of the Firm’s Lafayette Office were successful in an action to reform an Act of Sale wherein the incorrect party was named as Seller, creating a defect in title that ultimately reduced the Lender’s interest in the property. Summary Judgment was granted against the Defendant based on his tacit ratification of the Act of Sale, quieting title in the name of the Borrower, subject only to the first-priority lien of the Lender’s Mortgage.

Louisiana Restaurant Owner’s Dispositive Motion Results in Dismissal

2017 July 24
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by GJTBS Admin

Galloway attorneys Joe Hassinger and Jeff Siemann obtained a voluntary dismissal for a restaurant owner in connection with a premises liability lawsuit.  The plaintiff alleged that she sustained a fairly serious injury to her foot as a result of a defective and malfunctioning door.  After deposing the plaintiff, we filed for summary judgment. On the eve of the hearing date, plaintiff agreed to dismiss all claims.

Right of Passage Established and Cash Sale Reformed

2017 July 19
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by GJTBS Admin

Lindsay Meador Young and Benjamin G. Torian of the Firm’s Lafayette Office were successful in an action to establish a right of passage in favor of an enclosed estate, while in the same action reforming a Cash Sale to remove a cloud on title to the same estate. Summary Judgment was granted against the owner of the adjacent parcel, whereon the right of passage was established, based on acquisitive prescription and against the Defendants who inadvertently held an interest in the estate based on tacit ratification of the Cash Sale.