Recent Results

  1. -0- verdict in jury trial in Civil District Court, Orleans Parish, LA state court May 2017. Directed Verdict granted and client dismissed. Actual jury verdict against remaining defendants was 1M.  Directed verdict was affirmed by Louisiana 4th Circuit Court of Appeals.

  2. Motion for Summary Judgment granted in commercial premises liability shopping buggy case. Harrison County , MS state court.

  3. Motion for Summary Judgment granted in homeowner dog bite case with multiple surgeries, over 100k in medical bills. Harrison County MS state court.

  4. Voluntary Dismissal in products liability case involving slip and fall, several back surgeries. USDC Southern District MS.

  5. Motion for Summary Judgment granted on no liability to plaintiff and granting defense and indemnity against co-defendant. Commercial premises liability slip and fall. Lafourche Parish, LA state court.

  6. Motion For Summary Judgment on no liability to the plaintiff granted and affirmed at 1st Circuit and Supreme Court. Insurance agent E&O defense. Lafourche Parish, Louisiana state court.

  7. E&T’s Insurance Agent Exception of Peremption Granted, Agent dismissed with prejudice-34th JDC, St Bernard Parish, State of Louisiana. After a fire at a commercial property, plaintiff sued various carriers and his insurance agent. The policy in question had been in place for over 3 years with no changes. E&T filed an exception of peremption under Louisiana Revised Statute 9:5606 addressing the 1 year and 3 year time periods for bringing claims against an insurance agent. Plaintiff attempted to amend the petition to cure the peremption issue. E&T argued that the amendment did not cure the peremption defect. The court agreed, sustained the exception of peremption, and dismissed the insurance agent.

  8. Nationwide UM dismissed on Motion For Failure to Serve Timely under Rule 4. McPhail v. Nationwide. Circuit Court Lamar County. E&T Gulfport office.

  9. Insurance agent dismissed on grant of writs by Louisiana First Circuit Court of Appeals. Trial judge erroneously created new duty for insurance agents as to insured’s duty to read policy and make flood insurance payments timely under Louisiana law. Miranda v. Andrus. E&T New Orleans office.

  10. MS Supreme Court rules in favor of Eckert & Tarleton reversing trial court’s denial of a Motion to Dismiss, in the alternative, Change Venue.  Plaintiff clearly filed suit in the wrong venue, one which is considered more favorable to plaintiff’s.  Eckert & Tarleton filed a Motion to Dismiss, in the alternative, Change Venue.  The trial court denied the Motion keeping the case in its current venue.  Eckert & Tarleton appealed the decision to the MS Supreme Court which reversed the trial courts decision and ordered the case transferred to the proper jurisdiction which is more favorable to the defense.

  11. Michael J Tarleton successfully argued before the MS Supreme Court that an ambulance service owned by the City of Hattiesburg, Forrest County MS and Forrest County General Hospital is an instrumentality of the State and therefore entitled to the protections of the MS Tort Claims Act.  Based on the finding that the ambulance service was an instrumentality of the State of Mississippi, all claims against the ambulance service were dismissed due to plaintiff’s failure to give proper notice before the lawsuit was filed and the plaintiff’s failure to file suit with the one year statute of limitations under the MS Tort Claims Act.  Woodall v AAA Ambulance Service, Inc.  MS SCT 2013-CA-02124-SCT

  12. Gulfport Office - MSJ Granted in slip and fall premises liability pending in Forrest County. Currently at the MS S Ct.

  13. Gulfport Office - MSJ Granted in dog bite case with over $200,000 in medical bills pending in Harrison County.

  14. Gulfport Office - MSJ granted in professional liability claim against home inspector pending in Lamar County. Currently at MS S Ct.

  15. New Orleans Office - MSJ granted for insurance agent on grounds of 5606 Peremption in Lafayette Parish. Appeal expected.