Representative Cases

FEMA/Disaster Recovery: Burglass attorneys reached a settlement with FEMA on behalf of local Parish government to secure up to $100,000,000 to make repairs to streets and roads in unincorporated portions of Parish that flooded during Katrina.

Counsel for all Katrina-related flooding lawsuits and class actions against local Parish: The firm was retained by Jefferson Parish to defend multiple (15) class action litigations pending in several federal and state courts. The cases all arose out of the massive flooding that occurred during Hurricane Katrina, with plaintiffs alleging that the Parish was responsible for the flooding due to deficient emergency planning, an inadequately designed and operated drainage system, and faulty decision making immediately prior to and during the storm. All three of the federal and four of the state class actions were dismissed on pre-trial motions with no payment made by the Parish. The remaining eight class actions were consolidated and proceeded to trial. After a four week jury trial a verdict was rendered in favor of the Parish, finding no liability on the Parish's part on any of plaintiffs' allegations and resulting in a judgment of dismissal entered in the Parish's favor.

Aguilar v. Manouchehri: A zero defense verdict was won in this medical malpractice matter involving nephrologic care. A chronically ill patient developed problems during dialysis and was transferred to the emergency room and died during treatment. The case was tried for one week in front of a jury in the 24th JDC, who deliberated less than two hours and rendered a defense verdict.

Computer Telemetry System Failure: The firm defeated a claim by an international contractor who installed SCADA System (represented by the largest law firm in Louisiana) paying no money and prevailed on a counterclaim of $1,000,000.00.

Handy v. Louisiana State Univ. Med. Ctr.: The Handy case involved a claim that a teenage girl's benign brain tumor was misdiagnosed as malignant and was the cause of intermittent epileptic seizures. Due to the alleged misdiagnosis, extensive brain surgery was performed to remove the tumor, as well as some surrounding brain tissue. It was determined post operatively that the tumor was benign. Plaintiff claimed the surgery was unnecessary and resulted in the loss of brain tissue that left plaintiff with various cognitive and neurological impairments. After a five day jury trial in CDC, and several hours of jury deliberations, the jury returned a defense verdict in favor of our client/surgeon.

Gene and Gene, LLC v. Biopay, LLC, and, Accounting Outsourcing v. Computers Across America: The firm defended two insurers in two federal class action litigations alleging that insureds transmitted unsolicited advertisements via facsimile to the named plaintiffs and multiple class members in violation of the Federal Telephone Consumer Protection Act of 1991 and other laws. Following significant litigation, including multiple visits to the U.S. Fifth Circuit Court of Appeals in Gene and Gene, LLC, the firm secured dismissal of the class actions with no money being paid on behalf of either client.

Statewide Counsel for the State of Louisiana in Hepatitis C Class Action: The firm defended over 50 state owned facilities against a Hepatitis C medical malpractice class action suit that was filed on behalf of 200 plaintiffs. The firm achieved dismissal of all state hospitals after several years of litigation, resulting in no monies being paid in settlement or judgment.

Statewide Counsel for the State of Louisiana in Serzone Class Action: The firm acted as statewide counsel for public mental health care providers defending allegations of medical malpractice in the prescription of the anti-depressant Serzone. The litigation was consolidated to an MDL (multi-district litigation) convened at Charleston, West Virginia. The firm obtained full dismissal of all claims after extensive discovery, with no compromises or judgments against our clients.

Michael Treadway, et al vs. Terry Lisotta, Property Ins. Assoc of LA., (PIAL), La. Citizens Property Ins. Co., Chad Brown, Jeff Albright, Caryl Mathes, Mike Ely, Joelle Lapreze, Hal Steil, et al.: The firm represented a former Louisiana Department of Insurance employee in this class action lawsuit in United States District Court wherein plaintiffs claimed recovery for actions taken in connection with Louisiana Citizens Property and Casualty Company. Burglass attorneys secured dismissal of the matter without payment on a Rule 12 Motion to Dismiss.

One Billion Dollar Drainage Improvement Program: Advised local Parish on their cooperative agreement with the United States Army Corps of Engineers for the Southeast Louisiana (SELA) Flood Control Program.

SELA Related Lawsuits: The extensive drainage improvements mentioned in the preceding paragraph were often performed in very close proximity to residential areas. Our firm has successfully defended the Parish in numerous damage suits by homeowners, businesses, etc., arising out of the related construction projects.

Patricia Bourque v. Essex Insurance Company, et al.: The plaintiff sued defendants seeking damages arising from alleged negligence in the completion of repairs performed at the plaintiff's residence. Plaintiff alleged that she sustained significant personal injuries requiring surgical treatment of her shoulder and cervical spine, plus multiple lumbar spine surgeries. In addition, plaintiff alleged entitlement to future damages for migraine headache syndrome. Past medical expenses totaled $453,000, and plaintiff asserted future medical expenses in the amount of $117,000. In closing argument, plaintiff asked for damages in excess of $1.75 million. A unanimous jury declined to find liability, instead entering a take-nothing verdict against plaintiff.

State Wide Counsel for the State of Louisiana in Baycol Class Action: Individuals alleged medical malpractice in the prescription drug Baycol against physicians practicing at state facilities. Dismissals were obtained with no monies being paid by or on behalf of our clients.

Flooding Class Action: The firm was counsel for a local Parish in all flood-related claims (approximately 15,000 homeowners, businesses, etc.) and the class action arising out of the May 8, 1995 flood in the Soniat Canal area of the Parish. The firm obtained dismissal of all claims while paying no money.

Katrina Medical Malpractice Claims: After years of litigation, medical malpractice claims against the Medical Center of Louisiana, New Orleans, arising out of Hurricane Katrina were dismissed without payout by, or judgment against, the State.

Barthelemy v. Mountcastle: Burglass attorneys secured a $0 jury verdict in this medical malpractice action involving allegations of intraoperative complications in a colon resection operation performed by both a staff and resident surgeon. The defense verdict was affirmed on appeal, and, of particular note, the Louisiana Court of Appeal for the Fourth Circuit authored a decision in fervent support of the teaching system at public hospitals.

Tropical Storm Isidore Class Action: The firm successfully obtained denial of class certification in the Tropical Storm Isidore Class Action Litigation and won summary judgment dismissal of a second Isidore case on a discretionary function basis.