True Appellate Experience
Bernard, Cassisa, Elliott & Davis excels in handling appellate matters. Over the last several years, Howard Kaplan, lead appellate attorney, has had unparalleled success in the Louisiana Supreme Court and the Louisiana Appellate Courts.
Bernard, Cassisa, Elliott & Davis has been entrusted to handle large appeals on behalf of our clients. The following is a list of some of the cases in which our firm has been successful on behalf of our clients.
CASE NAME
Musmeci v. Schwegmann Giant Supermarkets, Inc. -
Amount Recovered - $5,000,000 plus interest
332 F.3d 339 (5th Cir. 2003)
Daye v. General Motors Corporation
-
Amount Recovered - $1,500,000 plus interest
720 So.2d 654 (La. 9/9/98) and 712 So.2d 120, 29,118 (La.App.
2nd Cir. 5/21/97)
Ashley v. GMC - Amount Recovered - $35,000 plus interest
27-851 (La.App. 2nd Cir. 1/24/96), 666 So.2d 1320
Barousse v. Ford Motor Co. - Amount Recovered - $55,000 plus interest
12-487 (La.App. 3rd Cir. 11/7/12), 116 So.3d 113)
Zito v. Advanced Emergency Medical Services - Amount Recovered - $50,000 plus interest
11-2382 (La. 5/8/12), 89 So.3d 372)
Williams v. General Motors Corporation
-
Amount Recovered - $1,200,000 plus interest
639 So.2d 275 (La.App. 4th Cir. 2/11/94)
Lawrence v. General Motors Corporation -
Amount Recovered - $487,500 plus interest
73 F.3d 587 (5th Cir. 1996)
Levy v Bayou Industrial Maintenance Services -
Amount Recovered - $324,131 plus interest
03-0037 (La.App. 1st Cir. 9/26/03), 855 So.2d 968
Doran v. Lafayette Insurance Company -
Amount Recovered - $152,960 plus interest
03-849 (La.App. 5th Cir. 11/25/03), 862 So.2d 204
AFFIRMATIONS AND SUMMARY JUDGMENTS
Our firm has also been successful in having favorable judgments affirmed on appeal and having adverse rulings on summary judgments reversed on appeal.
McGee v. Mutter, et al, 10-1334 (La.App. 4th Cir. 5/12/11), 67 So.3d 517
Favorable summary judgment affirmed on appeal.
Green v. State Farm Mut. Auto Ins., 07-094 (La.App. 1st Cir. 11/2/07), 978 So.2d 912
Summary judgment on UM claim affirmed on appeal.
Carter v. Steak House Steaks, Inc., 13-799 (La.App. 3rd Cir. 2/19/14), 153 So.3d 1162
Summary judgment for defendant in a death case affirmed on appeal.
ACG Media Works, L.L.C. v. Bruce Walter Ford, 2004 WL626173 (La. App. 5th Cir. 3/30/04)
Favorable jurisdiction ruling affirmed on appeal.
Quinn v. GGS, L.L.C., 03-682 (La.App. 5th Cir. 12/9/03), 862 So.2d 324
Favorable trial verdict affirmed.
Bourgeois v. Gerard Chevrolet, Inc., 02-0288 (La.App. 4th Cir. 2/21/02), 811 So.2d 962
Adverse summary judgment ruling reversed on appeal.
Batiste v. General Motors Corporation, 2000-2027 (La.App. 4th Cir. 5/23/01), 802 So.2d 686
Summary judgment affirmed on appeal.
Elmer v. West Jefferson Levee District, 01-248 (La.App. 1st Cir. 1/27/01), 803 So.2d 229
Adverse prescription judgment reversed on appeal.
Landry v. Avondale Industries, Inc., 03-0719 (La. 12/3/03), 864 So.2d 117
Eliminated pre-death loss of consortium claims in asbestos cases.
Tierney v. General Motors Corporation, 174 F.3d 199 (5th Cir. 1999)
Favorable verdict affirmed on appeal.
Garcia v. Silverado-Louisiana, Inc. and Jimmy Moore (no opinion)
Large adverse verdict which was settled on appeal.
Landry v. Avondale Industries, Inc., 03-3432 (La. 7/2/04), 877 So.2d 970
Applied comparative fault to asbestos wrongful death claims
Smith v. French Market Corporation, 03-1412 (La.App. 4th Cir. 10/6/04), 886 So.2d 527
Summary judgment affirmed on appeal.
KATRINA LITIGATION
Our office was responsible for handling numerous Hurricane Katrina litigation appeals including the landmark case of Sher v Lafayette Insurance Company which determined that flood was not covered under a homeowners policy.
Sher v. Lafayette Insurance Co., 07-2441 (La. 04/08/08), 988 So.2d 186
Landmark case on flood exclusion and other Katrina issues.
Dupree v. Lafayette Insurance Co., 09-2602 (La. 11/30/10), 51 So.3d 673
Reversal of class action.
Chalmette Retail v. Lafayette Insurance Co., 09-0217 (La.App. 4th Cir. 10/16/09), 21 So.3d 485
Reversal on issue of extra expenses.
Audubon Orthopedic & Sports Medicine, APMC v. Lafayette Insurance Co., 09-007 (La.App. 4th Cir. 4/21/10), 38 So.3d 963
Reversal of increased damages and favorable ruling on penalty calculation.
Buffman v. Lafayette Insurance Co., 10-1341 (La. 1/20/12), 78 So.3d 130
Writ granted on penalty calculation and remanded to lower court.
FEES
Many clients are hesitant to appeal cases which may be successful on appeal because of the costs involved and the uncertainty of success. In an effort to better serve our clients, our office will handle appeals on a reduced flat fee plus a percentage of the amounts recovered. This allows our clients to reduce costs while effectively appealing cases which may be successful on appeal. The reduced flat fee and percentage of recovery are determined on a case-by-case basis. Our office will also handle appeals on the traditional hourly basis and we are also willing to discuss any other method which may be of interest to our clients.
We believe that our office will be able to provide you with the highest caliber of appellate advocacy at fees which are substantially less than what others may charge. If you are considering an appeal of a particular matter, our office will be happy to review the merits of the appeal and provide you with an opinion as to the probability of success on appeal.
For more information on appellate matters, please contact Mr. Howard B. Kaplan via email or by calling 504-834-2612.