Joseph McReynolds: Representative Works

Recusal

Mr. McReynolds handled this case where The Supreme Court reversed the lower courts and remanded for a full hearing on whether the trial judge violated Canon 3C of the Code of Judicial Conduct by failing to disclose before trial the full extent of his personal and professional relationship with the plaintiff's sole economic expert, which if disclosed would have brought his impartiality into question.
Radcliffe 10, LLC v. Zip Tube Systems of Louisiana, et al., 06-CC0128 (La. 11/3/06),_So.2d._.

Reformation of Insurance Contract

Mr. McReynolds handled this case where The Supreme Court affirmed the appellate court's holding that an insurance policy can be reformed to correct an agent's clerical error so that the policy reflects the true intent of the parties as to what umbrella coverage was purchased.
Mark Samuels, et al. v. State Farm Mutual Automobile Insurance Company, et al., 06-C-0034 (La. 10/17/06), _So.2d_.

Punitive Damages - Worker's Compensation - Parent-Subsidiary Relations - Good Samaritan Liability

Mr. McReynolds handled this case where The Louisiana Supreme Court reversed a jury award of $38 million in compensatory damages and $120 million in punitive damages against a French parent corporation for injuries sustained in an air separation plant owned and operated by its American subsidiary that had employed the three injured workers. The Court affirmed the basic principle of shareholder immunity that a “parent corporation may, by virtue of its ownership interest, ha[ve] the right, power, and ability to control its subsidiary, [but] a parent corporation generally has no duty to control the actions of its subsidiary and thus no liability for a failure to control the actions of its subsidiary.” The Court also held that the plaintiffs had failed to prove that the French parent had undertaken any such duty within the meaning of §324A of the Restatement (Second) of Torts, also known as the Good Samaritan Doctrine: “Neither a parent’s concern with safety conditions and its general communications with the subsidiary regarding safety matters, nor its superior knowledge and expertise regarding safety issues, will create in the parent corporation a duty to guarantee a safe working environment for its subsidiaries’ employees under §324A.” The case was re-argued and submitted on January 18, 2005.
The Supreme Court re-instated its original decision, reversing the jury verdict, in a per curiam opinion issued on January 19, 2006.
Bujol v. Entergy Services, Inc., 03-0492 (La. 1/19/06), 922 So. 2d 1113, 2004 WL 1157413.

Insurer Liquidation - Reciprocity - Appeal

Mr. McReynolds and Ms. DeLaune handled this case where the Supreme Court held that Pennsylvania was a "reciprocal state" under Louisiana's Uniform Insurer Liquidation Act and that a Pennsylvania liquidation order deprived Louisiana Courts of subject matter jurisdiction over all claims at law or equity against insolvent Pennsylvania insurance company.
All Star Advertising Agency v. Reliance Ins. Co., 04-C-1544 (La. 4/12/05), 898 So. 2d 369.

Construction Surety Bonds - Appeal

Mr. McReynolds handled this case of a surety company on construction bonds sued insurance agency and its liability carrier to recover $2.5 million in construction defaults on bonds fraudulently issued by agency’s former employee. Trial limited to liability resulted in judgment for defendants on grounds that surety company had ratified the bonds by demanding remission of the premiums. The court of appeal affirmed.
North American Speciality v. Employers Reinsurance Corporation, et al, 02-2649 (La. App. 1 Cir. 9/26/03), 857 S. 2d 606, writ denied, 03-2977 (La. 1/16/04), 864 So. 2d 633

Admiralty - Jones Act Seaman Status - Appeal

Mr. McReynolds handled this appeal. Reversing a $43 million jury award, the Fifth Circuit held, as a matter of law, that a third year summer intern’s assignment to a jack-up drilling rig in the Gulf of Mexico for a three day gravel-packing job was not a permanent, regular or consistent re-assignment to sea-based work, that regularly exposed the student to the "perils of the sea," within the meaning of Chandris, Inc. v. Landis, 515 U.S. 347, 115 S. Ct. 2172 (1995), so as to classify the student as Jones Act Seaman: "To give teeth to the Chandris opinion’s rejection of a voyage test, it must be held that merely serving an assignment on a vessel in navigation does not alter a worker’s status. If that were not the case, Chandris in fact would have established a voyage test."
Becker v. Tidewater, Inc., 335 F. 3d 376 (5th Cir. 2003).

Products Liability - Adequacy of Warnings - Sophisticated User - Appeal

Mr. McReynolds handled this appeal. A foundry worker sued Unimin Corporation, a sand supplier, among others, for damages caused by exposure to silica dust in employer’s foundry. The trial court’s denial of Unimin’s motion for summary judgment was reversed on writ application. The Fourth Circuit Court of Appeal held that Avondale, plaintiff’s employer, was a sophisticated user of sand and that Unimin’s warnings on labels, invoices and in mass mailings were adequate as a matter of law.
Cowart v. Avondale Industries, 01-0894 (La. App. 4th Cir. 7/3/01), 792 So.2d 73, writ denied, 01-2719 (La. 1/4/02), 805 So.2d 211

Punitive Damages - Retroactivity - Appeal

Mr. McReynolds handled this appeal. The Plaintiff in survival and wrongful death action sought punitive damages against asbestos manufacturers. The Supreme Court reversed the district and appellate courts and held that repealed Civil Code Article 2315.3, that allowed recovery of punitive damages for injuries arising out of wanton or reckless disregard for public safety in the storage, handling or transportation of toxic substances, could not be applied retroactively to asbestos exposure to manufacturer’s products that ended before the statute was enacted, even though the cause of action for wrongful death accrued while the statute was in effect. Significantly, the Supreme Court held that the law in effect at the time a cause of action occurs does not apply if the new law re-evaluates the legality of past conduct or "attaches new consequences to past events."
Anderson v. Avondale Industries, 2000-27 (La. 10/16/01), 798 So.2d 93.

Insurance Coverage - Manuscript Property Policies Exclusion

Mr. McReynolds handled this Travelers’ motion for summary judgment that was granted, holding that the policy unambiguously excluded coverage for damages to pipes "buried underground."
Tonti Realty Corporation v. Travelers Indemnity Co. of Illinois, 2001 WL 969115 (E.D. La. 8/23/01).

Attorney Liability - ERISA Claim - Prescription - Appeal

Mr. McReynolds handled this appeal. Plaintiff’s suit against attorney for allegedly failing to prosecute his claim for ERISA benefits was dismissed at close of plaintiff’s case. The appeals court affirmed, holding that plaintiff’s claim was under ERISA and subject to a ten year period of limitations, and wase not a "hybrid" claim under Section 301 of the Labor Management Relations Act (LMRA), which may be subject to six-month periods of limitation.
Ferrell v. Estate of Donovan, 00-935 (La. App. 5 Cir. 11/2/00), 772 So.2d 260, writ denied, 00-3186 (La. 1/12/01), 781 So.2d 562.

Insurance Coverage - Property Dispute - Appeal

Mr. McReynolds successfully defended Travelers in a coverage dispute with Fair Grounds arising out of the fire at the Fair Grounds race track in December of 1993. Fair Grounds was claiming blanket coverage under a property policy and sought coverage and payment for an additional $18 million under the policy. The court found that the policy was a scheduled policy, denied the bulk of the Fairgrounds’ claims for additional money, but awarded Fairgrounds 2.4 million in additional compensation for loss of business income. The Fifth Circuit reversed the BI award on appeal. The decision clarifies the jurisprudence on law of agency, blanket and scheduled coverage, and the proper application of Louisiana’s Entire Policy Statute, R.S. 22:628.
Fair Grounds Corporation v. Travelers Indemnity Company of Illinois, et al, No. 99-301 (La. App. 5 Cir. 09/28/99), 742 So.2d 1069, 1999 La. App. Lexis 2650, writ den’d, 99-3280 (La. 1/28/00), 753 So.2d 831

Insurance Coverage - Pollution Exclusion - NORM Contamination

Plaintiffs obtained a $56 million damage award against Alpha Technical Service, Inc. and others, for its liability in contaminating property with NORM (naturally occurring radioactive material) from pipe scale on drilling pipes. They sought coverage against insurers in a declaratory judgment action. The case was successfully resolved by Mr. McReynolds prior to trial.
Grefer, et al v. Scottsdale Ins. Co., et al, 24th JDC, filed in 2000.

Insurance Agents - Universal Life Policies

Mr. McReynolds handled. Agent dismissed on motion for summary judgment - no appeal was taken.
Birdsall v. New York Life Ins. Co., et al, 00-13823 (CDC, Orl., 2000).

Professional Liability - Insurance Agents - ERISA - Class Action

Plaintiffs sought class action against life insurance company and its agent for benefits allegedly due under an ERISA defined plan. Mr. McReynolds handled. The agent was dismissed on motion for failing to state a claim on grounds that ERISA provided no claim against the agent as a non-fiduciary and pre-empted all state law causes of action for relief. Dismissal order entered by district court in November, 1999, but not released for publication.
Davis v. Northwestern Mutual Life Ins. Co., et al, 99-1670 (E.D. La.), pending.

Products Liability - Asbestos Property Abatement - Venue - Civil Conspiracy - Appeal

Mr. McReynolds handled this appeal. On a 7-0 vote, the Louisiana Supreme Court issued a rare peremptory writ, reversing the Third Circuit Court of Appeal and reinstating the district court’s exception of venue, dismissing a suit against U.S. Mineral Products Company for its alleged participation in an industry-wide conspiracy to suppress information about the harmful properties of its insulation product. The peremptory writ affirmed the law in Louisiana that product manufacturers are not liable for property damages caused by the products made by others and clarified the application of solidarity liability to manufacturers of different products.
Ieyoub, ex. re. State of Louisiana v. W.R. Grace& Co. -Conn., et al., #97-180 (La. 3/27/97), 692 So.2d 381, reversing 96-00500 (La. App. 3rd Cir. 12/18/96), 688 So.2d 183