Significant representation in both trial and appellate matters by Kathryn include:
Trial
- Obtained, via 12(b)(6) motion to dismiss, the complete dismissal of state law negligence claims against a transportation broker as preempted by the Federal Aviation Administration Authorization Act in a personal injury case filed in the United States District Court for the Eastern District of Louisiana.
- Successfully defended well operator in Louisiana state court against multi-million-dollar tort and breach of contract claims brought by non-operating working interest owner in connection with the well’s blowout, securing unanimous jury verdict, significant costs award, and several pre-trial rulings interpretating provisions of the parties’ joint operating agreement in operator’s favor. Obtained unanimous ruling affirming trial court’s judgments in their entirety from Louisiana Third Circuit Court of Appeal and unanimous writ denial from Louisiana Supreme Court.
- Obtained, via 12(b)(6) motion to dismiss, the complete dismissal of breach of contract, detrimental reliance, and unjust enrichment claims brought by designer-licensee against Restoration Hardware, Inc. in the Eastern District of Louisiana. Secured unanimous ruling affirming district court’s judgment from United States Fifth Circuit Court of Appeals.
- Obtained, via summary judgment, the complete dismissal of federal securities fraud and state law fraud, breach of contract, and breach of fiduciary duty claims brought against company’s former officer in the Eastern District of Louisiana. Subsequently succeeded on motion to enforce settlement agreement reached on client’s counterclaims, obtaining accelerated payments, interest, and attorney fees.
- Obtained, via summary judgment, the complete dismissal of declaratory judgment, accounting, and multi-million-dollar fraud, breach of trust, breach of fiduciary duty, and enrichment without cause claims against several trustees of a family trust in the Western District of Louisiana. Secured unanimous ruling affirming district court’s judgment from United States Fifth Circuit Court of Appeals.
Appellate
- Represented Ingram Barge Company LLC in obtaining unanimous opinion from the United States Fifth Circuit Court of Appeals affirming the Eastern District of Louisiana’s dismissal of all personal injury claims against Ingram, agreeing that summary judgment was appropriate where video evidence contradicted the claimant’s changing versions of how his injury allegedly occurred
- Represented Ingram Barge Company LLC in obtaining unanimous opinion from the United States Fifth Circuit Court of Appeals affirming the Middle District of Louisiana’s dismissal, via summary judgment, of all personal injury claims against Ingram, agreeing that, as a matter of law, the claimant was not a Jones Act seaman and that Ingram fulfilled its duties under the Longshore and Harbor Workers Compensation Act
- Represented Luv n’ care, Ltd. in obtaining a writ grant and favorable decision from the Louisiana Supreme Court reversing the lower courts’ misinterpretation of Louisiana’s “punishment for contempt” statute and resultant imposition of a substantial attorney fee award against client.
- Represented Cubic Louisiana, LLC in obtaining a writ grant and favorable decision from the Louisiana Supreme Court holding, inter alia, that a mineral lessee and mortgagee were not solidarily liable and that claims for unpaid royalties allow double, not treble, damages.
- Represented Dow Chemical Company in obtaining a writ grant and favorable decision from the Louisiana Supreme Court reinstating the trial court’s dismissal of punitive damages claims brought by class action plaintiffs.
- Represented various global energy companies in securing favorable rulings from Louisiana appellate courts and subsequent writ denials from the Louisiana Supreme Court in “legacy” litigation cases involving significant issues such as the subsequent purchaser doctrine and the interpretation of various provisions of La. R.S. 30:29 (Act 312).
- Represented multiple commercial clients in obtaining writ grants and favorable decisions from the Louisiana Supreme Court reversing the lower courts’ refusal to apply valid and enforceable contractual arbitration provisions.
- Represented KJMonte Investments LLC in securing unanimous opinion from Louisiana intermediate appellate court affirming trial court order that a Texas judgment be made executory in Louisiana.
Amicus Briefs
Frequently retained to write amicus briefs in matters of industry-wide significance on behalf of organizations such as:
- United States Chamber of Commerce
- American Chemistry Council
- National Association of Manufacturers
- American Petroleum Institute
- Louisiana Association of Business and Industry
- Louisiana Chemical Association
- Louisiana Oil and Gas Association
- Louisiana Midcontinent Oil & Gas Association
