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Timely, substantive
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Timely, substantive
industry news
and insights.
Department of Labor Adopts New Intern Test
Department of Labor Adopts New Intern Test
On January 5, 2018, the Department of Labor (DOL) announced that it will conform to case law and no longer follow the six-part test it previously recommended for determining whether interns are employees under the Fair Labor Standards Act (FLSA). …
New Orleans Attorneys Obtain Summary Judgment in Premises Liability Case
New Orleans Attorneys Obtain Summary Judgment in Premises Liability Case
A Louisiana state court recently entered summary judgment in favor of the firm’s client, a New Orleans hotel, on the grounds that the hotel did not owe a duty to protect plaintiffs from third-party criminal activity. New Orleans attorneys James Prather…
Case Updates from United States Supreme Court, Fifth Circuit, Eighth Circuit, and Eleventh Circuit
Case Updates from United States Supreme Court, Fifth Circuit, Eighth Circuit, and Eleventh Circuit
United States Supreme Court Civ. Pro.: Jurisdictional v. Mandatory Processing Rules Hamer v. Neighborhood Hous. Servs. of Chicago, No. 16-658, 2017 WL 5160782 (U.S. Nov. 8, 2017): The U.S. Supreme Court clarified whether the time allowed to file appeal under…
Fifth Circuit Considers OPA’s Third-Party Defense in Connection with Mississippi River Oil Spill
Fifth Circuit Considers OPA’s Third-Party Defense in Connection with Mississippi River Oil Spill
United States v. Am. Commercial Lines, L.L.C., 2017 WL 5146110 (5th Cir. Nov. 7, 2017) Right after midnight on March 24, 1989, the Exxon Valdez oil tanker struck the Bligh Reef off the coast of Alaska’s Prince William Sound. The…
Pensacola Attorneys Obtain Summary Judgment From The Florida First District Court of Appeal
Pensacola Attorneys Obtain Summary Judgment From The Florida First District Court of Appeal
The Florida First District Court of Appeal recently affirmed an order of summary judgment obtained by Dave Jester, Austin Moretz, and Jessica Scholl of the firm’s Pensacola office. The issue on appeal was whether the general contractor was entitled to…
Alabama Attorney Resolves Client’s Title Defect and Avoids Potential of Costly Litigation
Alabama Attorney Resolves Client’s Title Defect and Avoids Potential of Costly Litigation
George Gaston of the firm’s Mobile office resolved a client mortgage lender’s title defect without the necessity of filing potentially drawn-out and costly litigation. The matter regarded two defective deeds in the borrower’s chain of title, both of which failed…
St. Louis Attorney Obtains Set Aside of Bankruptcy Discharge Order
St. Louis Attorney Obtains Set Aside of Bankruptcy Discharge Order
Despite inflexible precedent followed throughout the federal judicial circuits construing the Federal Rules of Bankruptcy Procedure and Bankruptcy Code, the Chief Judge of the United States Bankruptcy Court for the Eastern District of Missouri recently set aside an order of…
Judicial Estoppel Leads to Complete Dismissal of Plaintiff’s Wrongful Foreclosure Case
Judicial Estoppel Leads to Complete Dismissal of Plaintiff’s Wrongful Foreclosure Case
George Gaston of the firm’s Mobile office obtained a complete dismissal of a borrower’s wrongful foreclosure lawsuit in Hamilton County, Tennessee. Our client is a loan servicer and had been named as one of two defendants in the lawsuit based on alleged failures in…
Mobile Attorneys Obtain Summary Judgment in Negligent Procurement Case
Mobile Attorneys Obtain Summary Judgment in Negligent Procurement Case
Jonathan Minchin and Natalie Daugherty, both of the firm’s Mobile office, recently secured summary judgment on behalf of their clients, an insurance company and its agent, in a negligence and negligent procurement case in the Circuit Court of Winston County, Alabama. …
Mississippi Attorney Kathryn Breard Platt Prevails in a Sovereign Immunity Case
Mississippi Attorney Kathryn Breard Platt Prevails in a Sovereign Immunity Case
Kathryn Breard Platt of our Mississippi office recently prevailed in a sovereign immunity case filed in the Circuit Court of Pearl River County. In that case, plaintiff alleged an employee of the defendant, a public hospital, failed to properly secure her wheelchair…
Risky Business: Avoiding Hidden Risks in Louisiana Contracts
Risky Business: Avoiding Hidden Risks in Louisiana Contracts
Don’t get stuck with defense and indemnity for damages that aren’t your fault! Indemnity clauses can shift legal and financial exposure onto your business, even when you’re not at fault. If you do business in the energy, transportation, and construction…
Running the Clock: Developing A Section 12 Defense Under the Defense Base Act
Running the Clock: Developing A Section 12 Defense Under the Defense Base Act
A recent decision by the Benefits Review Board may clarify how employers and carriers approach Section 12 notice defense strategies under the Defense Base Act. The Benefits Review Board’s ruling in March 2025 discusses when a claimant is presumed to…
Persistence Pays Off for Houston Attorneys in Construction Litigation Win
Persistence Pays Off for Houston Attorneys in Construction Litigation Win
Galloway Johnson Tompkins Burr & Smith attorneys in Houston, Texas, persisted in their vigorous construction litigation defense and earned another victory in a case where the Plaintiff sought monetary relief of over $1,000,000. Andy Krone and Les Pickett led the…
Tort Reform in the Bayou State: Louisiana’s Recent Legislative Changes
Tort Reform in the Bayou State: Louisiana’s Recent Legislative Changes
On Wednesday, May 28, 2025, Governor Jeff Landry signed several pieces of landmark legislation into law that are poised to significantly impact Louisiana’s insurance industry and insurance-related litigation. This legislative package is aimed at lowering insurance premiums and reducing frivolous…
Galloway Houston Attorneys Secure Summary Judgment in the Fifth Circuit Court of Appeals
Galloway Houston Attorneys Secure Summary Judgment in the Fifth Circuit Court of Appeals
Houston attorneys Adraon D. Greene and Mikhael Khan successfully defended an appeal of a dismissal of a premises liability case via the Federal Rule of Civil Procedure 12(c). The Plaintiff/Appellant appealed the trial court’s dismissal to the Fifth Circuit Court of Appeals, which…
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