Reported Cases - Hammond Law Firm, LLC

Louisiana Supreme Court

• Halmekangas v. ANPAC Louisiana Ins. Co., 98 So.3d 873 (2012): Cert Denied
• Scranton v. Ashley Ann Energy, L.L.C., 98 So.3d 846 (2012): Cert Denied
• Joseph v. Hospital Service Dist. No. 2 et al, 939 So.2d 1206, (La. 2006): Was successful in having the Louisiana Supreme Court reverse the First Circuit Court of Appeal and decide that individual members of an LLC were not third party beneficiaries to a contract between the LLC and a hospital. Handled all aspects of this issue at trial and on appeal, including oral arguments before the Louisiana Supreme Court.
• Haber v. Shakir, 899 So.2d 10 (2005) , 2005-0368 (La. 4/8/05): Writ Denied
• Daigle v. Authement, 691 So.2d 1213, (La., 1997): Was successful in having the Louisiana Supreme Court declare the insurer’s UM rejection form to be valid and effective.
• Wheeler v. Paillet, 704 So.2d 242, (La., 1997): Was successful in having the Louisiana Supreme Court declare that a cancellation of an insurance policy by a premium finance company was valid.
• State of Louisiana vs. Dion Varmal 539 So.2d 45 (LA 1989): Was successful in having the Louisiana Supreme Court decide that a person who was released from prison due to speedy trial issues could be re-arrested after an indictment was filed on the same charges.

U.S. Fifth Court of Appeal

• Halmekangas v. State Farm Fire and Cas. Co., 603 F.3d 290 (2010)
• Davis v. ODECO, 18 F.3rd 1237 (5th Cir, 1994): Issues were whether a seaman exposed to hydrocarbons was injured to the fault of the vessel and whether the collateral source rule applied in the case.
• U.S. Fidelity & Guar. Co. v. Loop, Inc., 961 F.2d 84, (5th Cir.(La.), 1992)

Louisiana First Circuit Court of Appeal

• Joseph v. Hospital Service Dist. No. 2 et al, 923 So.2d 27, (La.App. 1 Cir. 2005): Issue was whether the directors and officers insurer had to cover claims made by employees of the hospital against its insurer.

Louisiana Second Circuit Court of Appeal

• Scranton v. Ashley Ann Energy, L.L.C., 91 So.3d 1174 (2012): Issue was whether a legal malpractice claim was preempted or prescribed. The trial court ruled the legal malpractice claims were preempted. The Court of Appel reversed and found the legal malpractice claims were timely.

Louisiana Fourth Circuit Court of Appeal

• Halmekangas v. ANPAC Louisiana Ins. Co., 95 So.3d 1192 (2012)
• Tadlock v. Taylor, 857 So.2d 20, (La.App. 4 Cir. Sep 24, 2003) Writ Denied 869 So.2d 819, 2003-3265 (La. 3/12/04): Issue was weather a putative father could sue for damages for an unacknowleged child. Also the fault of the State of Louisiana for a roadway condition.
• Gordon v. Southern United Fire Ins. Co., 679 So.2d 582, (La.App. 4 Cir. Aug 21, 1996) writ denied, 694 So.2d 241 (LA 1997)
• O’Bryan v. Folk Const. Co., 594 So.2d 900, (La.App. 4 Cir. Nov 14, 1991): The issue was the maritime status of a shore based dredge worker and the damages he was entitled to under the Jones Act and General Maritime Law.

Louisiana Fifth Circuit Court of Appeal

• Haber vs. Shakir