EXPERIENCE

Below are descriptions of representative cases and transactions:

We have defended the main targets in a particularly hard fought action alleging RICO and several other business torts claims seeking multiple millions of dollars in damages. We first obtained an early dismissal of one client on lack of personal jurisdiction. Bona Fide Demolition and Recovery, LLC v. Crosby Construction Co. of Louisiana, Inc., et al., 690 F. Supp.2d 435 (E.D. La. Feb. 1, 2010), on motion for reconsideration, 2010 U.S. Dist. LEXIS 101809 (E.D. La. 9/27/10), on second motion for reconsideration, 2010 U.S. Dist. LEXIS 114892 (E.D. La. Oct. 28, 2011). We next obtained an early dismissal of the RICO claims against the remaining client and then a very favorable settlement well below the cost of defense. Bona Fide Demolition and Recovery, LLC v. Crosby Construction Co. of Louisiana, Inc., et al., 2010 U.S. Dist. LEXIS 118181 (Nov. 4, 2010).

We successfully defended the insurer and TPA in a landmark Louisiana decision on tort liability to a workers' compensation claimant for alleged "bad faith" claims handling.  Livaccari v. Alden Eng'g, 2000-0856 (La. App. 1 Cir. 12/01/00), 808 So.2d 383.

We won coverage for a business assured in the leading Louisiana case on "advertising injury" coverage under a CGL policy.  Carnival Brands v. AGLI, 98-958 (La. App. 5 Cir. 1/26/99), 726 So.2d 496.

We represented a casino's limited partner in AAA arbitration with the general partner over accounting issues, resulting in a $5.673 million payment to our client.

Originally retained as local counsel to defend against claims of patent infringement, trademark infringement, and trade dress misappropriation, when our responsibilities were expanded to include discovery of the plaintiff's damages expert, we succeeded in obtaining a pre-trial order disqualifying plaintiff's damage expert from testifying at trial.  After entry of a trial court judgment in favor of the plaintiff exceeding $1 million, we were asked to take on a more significant role in appealing the judgment to the Federal Circuit Court of Appeal.  The Federal Circuit reversed and remanded the case for further proceedings.  Asked to take over as lead counsel for the defense, our firm was instrumental in obtaining a favorable settlement for our clients after the first day of trial.  Hartco Engineering, Inc. v. Wang's International, Inc., Pilot Automotive, Inc., Pep Boys-Manny, Moe & Jack, Inc. and Overton's, Inc., 142 Fed. Appx. 455, 2005 U.S. App. LEXIS 15194 (Fed. Cir. 2005), cert. denied, 546 U.S. 1172 (2006).

We represented the General Partner in the negotiation of the terms of the formation of a partnership involving contributions to the partnership and financing totaling over $28 million for the construction of a low income housing complex in New Orleans consisting of 41 buildings and 164 apartment units.  Our representation also involved negotiations and drafting of construction loan agreements, permanent financing agreements, construction contracts, and government grant agreements. 

We have successfully defended an individual guarantor and his assets against the multimillion dollar claims for indemnification of losses incurred by the issuer of performance bonds to a failed construction company.  Reliance Insurance Company v. River Road Recycling, Inc., 2003 U.S. Dist. LEXIS 9196 (E.D. La. May 29, 2003).

We have successfully represented landowners in the enforcement of their rights under mineral leases.  

We have successfully advised our clients on the structure of the acquisition of substantially all of the assets of a failing Louisiana business to protect our client and the acquired assets from the claims of the creditors of the failing business.

We have successfully represented both buyers and sellers in redhibition actions and actions for breach of warranty involving products as varied as computer software systems to residential properties.  Connell v. Davis, 06-09, (La. App. 5 Cir. 10/17/06), 940 So.2d 195, writ denied, 06-2839 (La. 1/26/07), 948 So.2d 178.

We represented a seafood processing equipment manufacturer in the last round of litigation with another manufacturer and achieved a global settlement that ended, on mutually beneficial terms, over 40 years of antitrust and patent infringement litigation between the parties.

We represented the employer in a state workers' compensation case in which the appellate court held that a claimant loses the right to benefits by failing to follow physician instructions to engage in "work hardening."  Williams v. BET Constr., 2003-0002 (La. App. 1 Cir. 9/26/03), 857 So.2d 629, writ denied, 2003-2961 862 So.2d 994 (La. 1/9/04).

Our attorneys successfully defended a health insurer who cancelled two insurance policies, the first for failure to pay the premiums timely and the second for false and material representations in the application.  Viada v. Blue Cross of Louisiana, 524 So.2d 101 (La. App. 4 Cir. 1988).

We have successfully represented a distributorship in an action against the manufacturer for wrongful termination of the distributorship agreement.  Bath v. Hi-TECH International, Inc., 97-434 (La. App. 5 Cir. 11/12/97), 704 So.2d 292.

We formed and handled securities issuance and corporate finance for a publicly-held offshore exploration and production company headquartered in New Orleans.

We have extensive experience in handling successions and in representing our clients in related litigation. Succession of Faget v. Faget, 2005-1434 (La. App. 1 Cir 6/9/06), 938 So.2d 1003, writ denied, 2006-1719 (La.11/9/06), 941 So.2d 40.

In a "borrowing employer" LHWCA case, we gained reimbursement for the lending employer over the borrower's objection that a contract barred the claim.  Harbor Construction v. Global Fabrication Welding Construction, LLC, 2008-0316 (La. App. 4 Cir. 10/01/08), 996 So.2d 584.

In a "borrowing employer" state compensation claim, we recovered contribution for the lender over the borrower's contention that the parties agreed to a different allocation.  Omega Construction v. Thornco Inc., 2007-1806 (La. App. 1 Cir. 08/21/08), 994 So.2d 65.



PATRICK MILLER LLC SUITE 1680 TEXACO CENTER 400 POYDRAS STREET NEW ORLEANS, LOUISIANA 70130 TEL: (504) 527-5400 FAX: (504) 527-5456