Federal Courts of Appeals
Court Disallows State Court Judgment Based on Bankruptcy Plan
Court Disallows State Court Judgment Based on Bankruptcy Plan
March 22, 1999 in Case Summaries
Jeff Levinger represented AFC in the appeal of the bankruptcy court’s and district court’s judgment disallowing a former employee’s state court awards of $1.1 million in attorney’s fees and interest. The Fifth Circuit affirmed and the U.S. Supreme Court denied review. Samaras v. America’s Favorite Chicken Co., 153 F.3d 268 (5th Cir. 1998), cert. denied, 143 L.Ed.2d 348 (1999).
Subject Matter: Procedural & Evidentiary Issues
$14 Million in Actual and Punitive Damages Reversed in Fraud Suit
$14 Million in Actual and Punitive Damages Reversed in Fraud Suit
March 3, 1999 in Case Summaries
Jeff Levinger represented Milligan and Montague & Company in the appeal of a judgment in favor of investors for actual and punitive damages exceeding $14 million based on the jury’s findings of fraud, breach of fiduciary duty, and conspiracy in connection with a corporate reorganization. The Fifth Circuit reversed, vacating the actual and punitive damage awards. Dyll v. Milligan and Montague & Company, 167 F.3d 945 (5th Cir. 1999).
Subject Matter: Securities Matters & Fraud
Court Affirms Take-Nothing Judgment in Bankruptcy Case Applying Louisiana Law
Court Affirms Take-Nothing Judgment in Bankruptcy Case Applying Louisiana Law
October 15, 1998 in Case Summaries
Jeff Levinger represented ACE in an appeal from a bankruptcy court’s entry of a take-nothing judgment against LFFG following remand proceedings in a Louisiana-law breach of contract case. The Fifth Circuit affirmed the take-nothing judgment. Louisiana First Financial Group, Inc. v. Al Copeland Enterprises, 149 F.3d 1173 (5th Cir. 1998) (unpublished opinion).
Subject Matter: Business Litigation
Court Refuses Request for Additional Damages and Injunction in Nine-Figure Trade Secret Case
Court Refuses Request for Additional Damages and Injunction in Nine-Figure Trade Secret Case
October 17, 1997 in Case Summaries
Jeff Levinger represented Next Level in an appeal by DSC seeking $101 million in damages and a permanent injunction in a trade secrets case, in addition to the $137 million that DSC had recovered in the district court. The Fifth Circuit affirmed the judgment, refusing to award DSC additional damages or injunctive relief. DSC Communications Corp. v. Next Level Communications, 107 F.3d 322 (5th Cir. 1997).
Subject Matter: Intellectual Property
Award Reduced from $1 Million to $250 under COGSA
Award Reduced from $1 Million to $250 under COGSA
June 26, 1997 in Case Summaries
Jeff Levinger represented Wilson, an insurance broker, in the appeal of a $1.0 million judgment in a negligence action arising from the placement of marine insurance. The Fifth Circuit reduced the damage award against Wilson to $250 in accordance with the Carriage of Goods at Sea Act. Craddock International, Inc. v. W.K.P. Wilson & Son, Inc., 116 F.3d 1095 (5th Cir. 1997).
Subject Matter: Business Litigation