Richard Duplantier and Megan Jackler recently secured a win in Louisiana’s 3rd Circuit Court of Appeals in Lake Charles on behalf of their client. Galloway’s New Orleans Team delivered skilled advocacy in writing and oral argument to deliver their client a successful outcome when the Third Circuit Court of Appeal reversed a summary judgment against the client and rendered judgment in the client’s favor.
Case Details
Galloway was retained to defend a Florida corporation serving as subcontractor defendant. The case concerned a lineman’s injuries in Ball, Louisiana, while working to restore telecom services in September 2020. The plaintiff named multiple defendants under the Louisiana Overhead Powerline Safety Act, including the energy company, its contractor, our client as subcontractor, and our client’s subcontractor.
The claim against Galloway’s client was made by the energy company seeking indemnification from our client.
At the trial court, summary judgment was granted on the indemnity claim in favor of the energy company. Galloway quickly appealed, arguing the ruling was incorrect in finding that the plaintiff was not an “authorized person” under the Louisiana Overhead Power Line Safety Act and the energy company did not receive advance notice that an “unauthorized” person would be working on the power lines. Galloway also argued that its client’s motion for a new trial was incorrectly denied because the trial court failed to consider the weight of new evidence (a defendant’s expert witness deposition) would have carried at trial.
Galloway’s team drafted a strong, succinct brief bringing the appellate court straight to the heart of the matter – the definition and criteria of “authorized person” under the Louisiana Overhead Powerline Safety Act, which the 3rd Circuit declared a novel legal question. At oral argument, Galloway answered the bench’s questions about the Act, arguing against other co-defendants seeking to uphold the summary judgment ruling. On October 28, the Court granted Galloway’s appeal by interpreting Louisiana’s legislative intent. The Court held Louisiana intended to place the burden of determining a lineman’s qualifications on the contracting parties, and Louisiana intended the Act to apply to lineman workers and other unrelated third parties like contractors or subcontractors in the chain of authority. By reversing and rendering judgment, Galloway’s client can proceed back to the trial court to fight on behalf of their business interests.
Yet again, our New Orleans team’s hard work to protect our clients’ business resulted in another favorable outcome.
Galloway’s Louisiana Representation
Consistently recognized as a premier insurance defense firm in the Gulf South and Midwest, and ranked by Chambers in Louisiana, Galloway and our attorneys have significant expertise in all areas of insurance defense and have obtained numerous positive results in cases related to property damage, coverage issues, and improper adjustment of insurance claims. We emphasize disciplined case evaluation, evidence preservation, and litigation strategies aligned with coverage realities and operational priorities, drawing on the firm’s established regional reach across the Gulf South and Midwest. Galloway attorneys integrate early case assessment, matter planning, dispositive motion practice, and trial readiness to support efficient resolution and robust defense positioning when appropriate.
Richard Duplantier, who argued the case, is a highly respected trial lawyer, and this success solidifies his reputation and expertise as an exceptional appellate attorney as well.
Megan Jackler, who wrote the appeal, leveraged her writing skills as a former administrative law judge to effectively brief the court in this case. Her solid appeal made the case easy to follow for the court, who ruled in our favor.
With another favorable result in Louisiana, Galloway continues to go way above and way beyond for our clients.
