Legal Malpractice

  • Mr. Wright and Ms. Lessell successfully obtained a full dismissal of all claims with prejudice against their client, an attorney for a religious institution, in a civil RICO case.  Dismissal was obtained via an early dispositive motion, prior to conducting any discovery.
  • Mr. Wright and Ms. Lessell successfully obtained summary judgment in favor of their client, an attorney, when it was alleged that the attorney who foreclosed upon property in his capacity as counsel for a bank, committed unfair trade practices, violated the Federal Debt Collection Practices Act and violated the plaintiffs’ due process rights.  The plaintiff also brought a claim for damages pursuant to 42 U.S.C. 1983. The rendition of summary judgment at the trial court level was appealed to the United States Supreme Court, where certiorari and a petition for rehearing were denied.

  • Ms. Lessell successfully obtained the dismissal of two cases against her attorney and law firm clients through evidentiary trials on an Exceptions of Peremption.

  • Ms. Lessell and Mr. Wright successfully obtained the dismissal of a case against their lawyer and law firm clients  for legal malpractice and civil RICO in the United States District Court for the Eastern District of Louisiana.

  • Ms. Marshall and Ms. Lessell successfully handled the defense and subsequent appeal relating to the defense of legal malpractice and notarial negligence claims against their client.  The Louisiana Court of Appeal for the Fifth Circuit affirmed the trial court decision in favor of their clients, resulting in the dismissal of the case with prejudice.

  • Ms. Marshall and Ms. Lessell successfully obtained a full dismissal of all claims with prejudice against their client, in a legal malpractice lawsuit that arose out of his representation of a municipality and a police officer who were alleged to have wrongfully or falsely arrested the plaintiff therein. Dismissal was predicated upon La. R.S. 9:5605 and was granted after an evidentiary trial on an Exception of Peremption.

  • Ms. Marshall and Ms. Lessell successfully obtained summary judgment in favor of their client, a lawyer, based on a lack of causation defense. They argued that the alleged error, allegedly failing to list an expert witness on a witness list, did not cause any damage to the plaintiff because the trial court allowed the witness’s deposition and reports to be admitted into evidence at a bench trial.

  • Mr. Wright and Ms. Lessell filed a successful Motion for Summary Judgment on the issue of causation on behalf of their client, which was a hybrid of a law firm and title agency, in connection with negligence claims, as well as successfully defended against a cross Motion for Summary Judgment.  As a result of the successful Motion for Summary Judgment, the trial court dismissed the bulk of the plaintiff’s case, which they alleged was valued between $7-$10MM.  The United States Court of Appeals for the Fifth Circuit affirmed the rendition of summary judgment in favor of DK’s client.

  • Ms. Burnthorn and Ms. Lessell successfully obtained a full dismissal of all claims with prejudice against their clients, a New Orleans based law firm and three attorneys. The firm and its attorneys were sued by a former client for whom they had handled a medical malpractice case. Dismissal was obtained on the basis of peremption pursuant to La. R.S. 9:5605.