Employment & Labor - Case Results

Surilla Ott et al v. Families Helping Familes et al,
(August, 2006)

Surilla Ott et al v. Families Helping Familes et al, This case involved plaintiffs' claims that they were discriminated against because of their race in regards to their termination and that they were defamed in the process. The trial court granted our summary judgment dismissing plaintiffs' claims. The Louisiana Fourth Circuit Court of Appeals sustained the granting of a motion for summary judgment dismissing all claims against our client.

Kevin Friloux v. St Charles Parish School Board, et al,
(June, 2006)

Kevin Friloux vs. St Charles Parish School Board, et al, United States District Court Eastern Disrict of Louisiana. The court granted our motion for summary judgment on behalf of our client, the Superintendent of the School District, on the grounds of qualified immunity. (Kyle and I worked this one)

Bank One v. Nemo Viso
(May, 2006)

Bank One vs. Nemo Viso, Louisiana Fourth Circuit Court of Appeals. The court affirmed a verdict we recieved on behalf of the Bank requiring a former employee to return monies recieved under a retention agreement. (Andre and I worked this one)

Bienemy v. Plaquemines Parish
(March, 2005)

Bienemy v. Plaquemines Parish, Plaquemines Parish Civil Service Commission. This was a federal court case wherein plaintiff alleged race and age discrimination in the failure of the Parish to hire/promote him to the position of Superintendent of the Waste Management department. Michael Tusa filed a motion to dismiss parts of the case which was granted and then subsequently the court granted our motion for summary judgement dismissing the remainder of the plaintiff's case.

Surilla Ott, Gwenn Barze v. Families Helping Families and the State of Louisiana
(February, 2005)

Surilla Ott, Gwenn Barze v. Families Helping Families and the State of Louisiana, CDC, Michael Tusa won a motion for summary judgment dismissing the plaintiffs’ race discrimination case. The plaintiffs have filed a devolutive appeal.

Carl Hooper v Lockheed Martin
(January, 2005)

Michael Tusa won a Motion for Summary Judgment in favor of Lockheed Martin dismissing Hooper’s claims of sexual harassment, sex discrimination, retaliation and intentional infliction of emotional distress in the case entitled Carl Hooper v. Lockheed Martin in the Eastern District of Louisiana. In January, 2005 the US Fifth Circuit affirmed the district court decision in our favor.

Felicia McDougle v. Lockheed Martin
(July, 2004)

Michael Tusa won an exception of prescription dismissing plaintiff’s lawsuit in the case entitled Felicia McDougle v. Lockheed Martin in Civil District Court for the Parish of Orleans. Plaintiff fax filed her lawsuit, but failed to timely pay her fees under LSA-R.S. 13:850. The court held the failure to pay fees did not interrupt prescription and, therefore, the case had prescribed

Donohue v. Francis Services
(May, 2004)

In May 2004, the Eastern District Court granted Michael Tusa’s Motion to Certify a Collective Action under the Fair Labor Standards Act in Donohue v. Francis Services.

Johnson v. Marrero-Estelle VFD
(May, 2004)

In May 2004, in Johnson v. Marrero-Estelle VFD, the 5th Circuit Court of Appeals granted Michael Tusa’s writ and reversed the trial court’s decision regarding the interpretation and application of La. R.S. 33:1995 concerning statutory sick leave provisions to an employee of a volunteer fire company.

Trena Weber v. Lockheed Martin
(February, 2004)

Michael Tusa won an Exception of Prescription in favor of Lockheed Martin in the case entitled Trena Weber v. Lockheed Martin in the Civil District Court for the Parish of Orleans. The plaintiff fax filed a pleading, but did not pay costs within 5 days, as required by statute. Therefore, the court found Ms. Weber’s claims of sex discrimination and race discrimination were prescribed.

Bank One v. Nemo Viso
(November, 2003)

Michael Tusa won a victory in favor of Bank One after a two day trial in the Civil District Court for the Parish of Orleans in the case entitled Bank One v. Nemo Viso. The Court granted a judgment enforcing the terms of an Employee Retention Agreement and required a former employee to return the monies paid under the retention agreement.

Legania v. East Jefferson General Hospital
(May, 2003)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of East Jefferson General Hospital in a case entitled Joseph Legania v. East Jefferson General Hospital before United States District Court for the Eastern District of Louisiana District Judge Stanwood R. Duval. Judge Duval granted the hospital’s motion for summary judgment dismissing plaintiffs’ Equal Pay Act claim, disparate treatment claim, and plaintiff’s gender and race discrimination claim based on a failure to promote. See Legania v. East Jefferson General Hospital, 2003 WL 21277127 (E.D. La. 2003). Plaintiff voluntarily dismissed his remaining retaliation claim prior to trial.