Reeves Prevails on Discovery Motions in Orleans Parish CDC:

Reeves prevailed in a contested Motion to Deem Requests for Admissions as Admitted on December 5, 2019 in Orleans Parish Civil District Court, Case No. 2019-5480, Cindy Washington v. Amerisure Insurance Company, et al.

In this matter, plaintiff failed to respond to requests for admissions until 105 days after the requests were propounded.  Plaintiff cross-moved to have the admissions withdrawn. The trial court denied plaintiff's motion to withdraw the admissions and granted defendants' motion to deem the requests as admitted. 

Reeves Prevails on Motion for Summary Judgment; Insurance Coverage:

In Cotton v. Brentwood Hospital, Case No. 597,747-B before the First Judicial District Court of Caddo Parish, Reeves, representing his client, Evanston Insurance Company, prevailed on a motion for summary judgment.  In this case, Reeves' client issued an insurance policy to a painter. Allegedly, the painter failed to properly perform an interior paint job for a local hospital. The hospital claimed approximately $100,000 in damage caused by the improperly performed work. Reeves filed a motion for summary judgment under Evanston's commercial general liability policy, raising the argument that Evanston should be dismissed because a commercial general liability policy does not provide insurance coverage for poorly performed work.  According to Louisiana law, improperly performed work is either not a covered accident under a liability policy, or is excluded by the "work-product" exclusions of a standard liability policy. The court agreed, and Reeves' client was dismissed from the lawsuit.

Reeves Prevails at Trial Against Amazon.com

Representing his client, PHI, LLC, Reeves prevailed at trial against internet giant Amazon.com.  Reeves' client was wrongfully denied Amazon Associate payments after Amazon claimed that one of the posts made by Reeves clients and containing Amazon referral links did not comply with Amazon's Associate Program terms.  In spite of the fact that Amazon was informed that the allegedly non-compliant links were not associated with PHI's Associate account, Amazon refused to pay or settle the claim, necessitating trial. Reeves' client ultimately prevailed.

Case: P.H.I. LLC v. Amazon.com Services, Inc., First City Court, New Orleans, Louisiana. Case No. 2018-07905.

Reeves Prevails on Coverage Motion for Summary Judgment:

MMK lawyer James J. Reeves II prevails on insurance coverage summary judgment:

Reeves represented Evanston Insurance Company in the matter of KATHY ELLERBE and BILLY ELLERBE, SR. v. UNKNOWN INSURANCE COMPANY A et al., Case No. 89,282-A for the 10th Judicial Circuit of Louisiana, Natchitoches, LA. In that case, an employee of Evanston's insured was attacked by a German Shepherd on the insured's premises. The insured was not sued, nor was any employee of the insured named a defendant in the lawsuit. Reeves moved for summary judgment on behalf of his client arguing that there was no coverage as no insured had been sued, and that even if an insured were sued, the “Employer's Liability” and "Worker's Compensation" exclusions expressly precluded coverage for bodily injury to an employee of the insured arising out of and in the course of employment by the insured. The motion was orally argued in Natchitoches Parish, Louisiana.

The Court agreed that (a) there was no coverage as no insured had been sued and (b) even if an insured were a defendant, the exclusions of the policy would have precluded coverage. The Court dismissed Evanston from the lawsuit, and taxed costs on the plaintiffs.

Full decision available here: https://bit.ly/2FqONET

Reeves Named Super Lawyers "Rising Star" for Third Year in a Row:

James Reeves was named by Super Lawyers and Super Lawyers Magazine as a "Rising Star" for 2019.

This award comes after Reeves was named two years in a row as one of the top insurance lawyers in New Orleans for 2017 and 2018. 

ABOUT SUPER LAWYERS

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. 

See more here: http://profiles.superlawyers.com/louisiana/new-orleans/lawyer/james-j-jj-reeves-ii/1b26bae9-de49-44a1-8dd7-7633b09a1d2b.html

Reeves Prevails in Louisiana 5th Circuit Court of Appeals in Aucoin-Hart Jewelers, Inc. et al. v. Roof Technologies, Inc. et al.

On May 30, 2018, Reeves prevailed in an alleged breach of contract between his client and a customer who anticipatorily breached the contract.  The client and the customer entered into a contract for construction but, before the construction project began, the customer suggested modifications to the contract.  The client re-submitted the contract to the customer, who then used this as an opportunity to cancel the contract, arguing that the modifications to the contract rescinded the earlier contract.

The trial court disagreed with the customer and refused to dismiss Reeves' client's case. Reeves  then prevailed on behalf of his client in arbitration, and the trial court confirmed the arbitration award.

The customer appealed to Louisiana's Fifth Circuit, where written briefs and oral argument were taken by the Court. 

The Court of Appeal confirmed the trial court's ruling. The Court's opinion is at this link: http://www.fifthcircuit.org/dmzdocs/OI/PO/2018/7F79DD52-7084-4826-BBF4-F66397672E48.pdf

Reeves Prevails in ~$1M Trial of Alfred Conhagen, Inc. of Louisiana v. Ruhrpumpen, Inc. et al.

James Reeves and Jerry Melchiode prevailed in the trial of the Alfred Conhagen, Inc. of Louisiana v. Ruhrpumpen, Inc. et al. matter pending before Judge Piper Griffin in Orleans Parish Civil District Court. Reeves and Melchiode represented Alfred Conhagen, Inc. against Ruhrpumpen Inc. in a negligent subcontractor bid case. In particular, Ruhrpumpen quoted Conhagen a price for a mechanical pump and appurtenant parts, but grossly erred in the price calculation. The error was not discovered by Ruhrpumpen until after Conhagen submitted a binding bid integrating the pump price, and after it was discovered, Ruhrpumpen then attempted to conceal the error. It ultimately cost Conhagen almost a million dollars to purchase a replacement pump in order to complete the contract.

Conhagen argued that they were entitled to recovery from Ruhrpumpen based upon theories of negligence and detrimental reliance.  The Court agreed and awarded Conhagen the full amount of the amount Conhagen had to spend to buy a replacement pump.

James Reeves Becomes an MMK Partner Effective 1/1/2018:

MMK is pleased to announce that James “J.J.” Reeves II becomes a partner of the firm, effective January 1, 2018, along with Olivia Truong and Scott Huete.

“All three are exceptional attorneys and have been instrumental to the firm’s development,” said firm member, Kevin Marks.  Mr. Marks added that, “they have worked diligently to achieve success that is not only personal but enjoyed by the firm.  Their selection into firm membership is well-deserved.”

Reeves Prevails on Motion for Summary Judgment in Apartment Complex Fire:

James Reeves and Rich King of Melchiode Marks King prevailed on a motion for summary judgment and were awarded fees and costs after they successfully defended the Shelby Apartments against a suit brought by the complex's tenants. Although the fire appeared to be an accident, the plaintiffs spent several years of discovery attempting to portray the fire as a result of faulty and negligent wiring in the complex. After discovery closed, Reeves and King moved for summary judgment, which motion was continued twice due to plaintiffs' representations that their expert would corroborate their theory of the case in an untimely report. This never occurred, and thus, summary judgment was rendered and the defendant was awarded fees for the time wasted in the prior hearings.

Reeves Admitted to the Florida Bar:

James Reeves is admitted to practice law in Florida after successfully passing the Florida Bar Exam, the Multistate Bar Exam, and the MPRE Ethics Exam. Reeves' Florida Bar number is 1002812.

Reeves Named Rising Star by SuperLawyers Magazine for Second Year in a Row:

Reeves was named to the 2018 Louisiana Rising Stars list, which is, according to SuperLawyers Magazine, "an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Louisiana receive this distinction."

The award will appear in Louisiana Super Lawyers Magazine, Louisiana Life, St. Charles Avenue, and the online attorney directory on SuperLawyers.com