Nancy Marshall: Representative Works
Legal Malpractice - RICO
Joanne Rinardo and Nancy Marshall represented a prominent divorce attorney against claims of RICO violations as well as state law claims of breach of contract, malpractice and intentional infliction of emotional distress. The Plaintiffs alleged that the defendant's business practices were, in essence, criminal, and sought treble damages, compensatory damages, and attorneys fees totaling over $100,000. Rinardo and Marshall filed a Rule 12(b)(6) Motion to Dismiss all claims which was orally argued by Ms. Rinardo before Judge Barbier. After two hours of argument, the Judge ruled from the bench dismissing all claims against the defendants.
Civil Death Case
Ms. Marshall handled this civil case arising out of the death of an elderly woman’s male maid. The investigating detective arrested the woman with murder, but the District Attorney refused the charges. Thereafter, plaintiff filed a lawsuit alleging that the elderly woman, who, by the time of trial, had herself died of natural causes, was responsible for the death of the male maid. The male maid had a very disturbed personal life. His autopsy revealed the presence of metabolites of heroin, he had threatened suicide, and the gun used was his brother’s. The defense theory was that he had committed suicide. The jury determined that he had not been killed by the defendant.
On Behalf of the Heirs of the Estate of John Gregory Suhor A/k/a Stephan Sure Versus Diane Kohn and XYZ Insurance Company, CDC, No. 2000-09685, “N”. October, 2006.
Personal Injury
Ms. Marshall and Ms. Gilbert handled this case arising out of an accident involving a seven year old boy who was playing with a rope on a merry-go-round with an open platform. The rope wrapped around the base of the merry-go-round, tangled with his foot, and dragged him underneath the merry-go-round where his foot was badly broken, requiring two operations. Plaintiff contended that the merry-go-round, which was more than 25 years old and had an open design not consistent with standards set forth in the 1990s, had caused the injury to the child. A biomechanical expert testified that the cause of the injury was the rope wrapping around the child’s ankle, which could have occurred with or without an open platform on the merry-go-round. The trial court granted a defense verdict.
Daisey Taylor, et al vs. Corcoran Jennison Management Co., et al., CDC No. 02-10631, Div. “E”. August, 2006.
Products Liability - Personal Injury - $7 Million Demand Denied
Ms. Marshall handled this case involving a fall product trial, where the plaintiff sustained a severly broken leg, requiring more than thirteen surgeries, which, up to the time of the trial, had never healed. Plaintiff's demand was $7 million dollars. After a week long trial, the plaintiff's attorney lost the ladder in question, but the judge would not allow a spoliation charge to the jury, and prevented the attorneys from finding out that the plaintiff and/or his attorney had lost the ladder. After a week long jury trial, there was a defense verdict rendered.
Harold Roy and Hazel Roy v. Gabriel Building Supply Co., Inc. and Davidson Ladders, Inc., No. 9800981, 21st Judicial District Court, Parish of Tangipahoa. April 2004.
Trucking - Personal Injury - $840k Saved
Ms. Marshall handled this case involving an eighteen wheeler which rear-ended a vehicle occupied by the plaintiff, allegedly resulting in a herniated disc and a forced retirement of the plaintiff. The defendant driver of the eighteen wheeler was legally drunk at the time of the accident. The plaintiff demanded policy limits of $1 million dollars. The case was settled after three days of trial for $160,000.
Conners v. Simpson, et al., Case No. 99-3005, Civil District Court for the Parish of Orleans. May 2003.
Attorney Liability - Security Fraud
Ms. Marshall handled this security frauds case brought against a lawyer and his law firm for improperly prepared corporate documents, alleged to be the basis for Section 10b of Section 12(2) of the Securities Exchange Act of 1933 as well as RICO claims. Motion for summary judgment granted by the trial court affirmed per curiam by the Federal 5th Circuit.
Tracy Bergquist v. FyBX Corporation, et al., Case No. 02-722, United States District Court for Eastern District of Louisiana. January 2003.
U.S. Court of Appeal for 5th Circuit, Case No. 03-30946.
Attorney Liability
Ms. Marshall handled this legal malpractice case arising out of alleged conflict of interest, involuntary dismissal at close of plaintiff's case.
Nat Colona v. John I. Feduccia, No. 96-00897, 21st Judicial District Court, Parish of Tangipahoa. January, 2001.
Attorney Liability - RICO
The underlying case involved an alleged quadriplegic who claimed to have been injured as a result of an electrocution at a Best Western Motel in Alexandria, Louisiana. There had been a defense verdict after a two-month trial. The lead defense attorney was subsequently sued for allegedly hiding evidence of a defect on the premises. A RICO action was brought against him, as well as his former clients and other defendants in the underlying case. Ms. Marshall obtained a dismissal via motion for summary judgment, which was affirmed by the federal Fifth Circuit on appeal. Additionally, the plaintiffs had previously filed a RICO action against the same defendants which was dismissed and have subsequently filed a tort action against the IME doctors in the RICO action, as well as a petition for nullity of the original judgment.
St. Paul Mercury Insurance Company v. Williamson, 986 F. Supp. 409 (W.D. La. 1997)
Attorney Liability - Summary Judgment
Ms. Marshall obtained a motion for summary judgment for a defendant lawyer in a case involving allegations of unethical behavior and liability of a lawyer to a third party, non-client.
Lee Roy Joyner v. George Wear, et al., 665 So. 2d 634 (2d Cir. 1995), writ den. 96-0040 (La. 02/28/96), 1996 WL 84524 (La.)
Attorney Liability
Ms. Marshall handled this matter. Writs applied for, case involving lawsuit and failure to timely file a medical malpractice lawsuit after the medical review panel issued its decision. The trial court found the case had prescribed in the hands of the plaintiff's current attorneys, and was affirmed on appeal.
Adesina Oyefodun v. Ike Spears, et al., 95-1472 (La. App. 4th Cir. 02/15/96), 1996 WL 67335 (La. App. 4th Cir.)
Attorney Liability
Ms. Marshall handled this legal malpractice case against a lawyer for allowing a case to abandon involving a three-year-old child burned over ten percent of her body, allegedly as a result of a failure on the part of landlord to provide smoke detectors in the apartment. Investigation revealed the smoke detectors had been placed in the apartment, contrary to the testimoney of plaintiff's mother and father, resulting in a reasonable settlement of the case.
Ferguson v. Vasques, Case No., 02-09331, Civil District Court for the Parish of Orleans.
Attorney Liability
Ms. Marshall handled this legal malpractice case involving underlying issue of alleged medical malpractice with regard to the handling of a code by a emergency room physician necessitating both the use of medical experts and legal malpractice experts. Settled after five days of trial at 25% of the judgment value of the case.
Aaron Davis, et al. vs. Coregis Insurance Co., No. 98-10208, Civil District Court, Parish of Orleans
Attorney Liability
Ms. Marshall handled this legal malpractice case tried in St. Tammany parish in Louisiana. Two-day trial involving allegation that an attorney allowed a case to be abandoned. Defense that underlying lawsuit against the State Department of Highways and Transportation had no merit, involving accident reconstructionist and highway engineer. Defense verdict was granted.
Nat Colona v. Lawyer A.B. and Coregis Insurance Company, No. 99-11754, 22nd Judicial District Court, Parish of St. Tammany.
Attorney Liability
Week long jury trial. Ms. Marshall handled the defense of an attorney in a legal malpractice action arising out of the attorney's alleged failure to properly confect corporate documents. Tried to defense verdict.
Warren Leger, Jr., et al. v. Superior Products, Inc., No. 448-764, 19th Judicial District Court, Parish of East Baton Rouge, Louisiana.
Medical Malpractice
Two-week jury trial involving several defendant doctors, hospital and ICU nurse in connection with the death of a nineteen-year-old, allegedly as a result of failure to monitor and failure to administer appropriate medication. Ms. Marshall obtained a defense verdict for all defendants.
Williams v. Dauterive Hospital, et al., No. 96-977, 16th Judicial District Court, Parish of Iberia, Louisiana.
