James J. Reeves II

Partner with Melchiode Marks King.

Reported Decisions/Slip Opinions:


Reeves Prevails in Fourth Circuit Writ Application:

Reeves recently prevailed on a writ application for denial of summary judgment in the Sean Duffy v. Essex Insurance Co., et al. matter, Orleans Parish Case No. 2009-07400, Fourth Circuit Case No. 2014-C-0741.  In Duffy, the plaintiff alleged that the insurer, Essex (represented by Reeves) despoiled evidence in its alleged failure to preserve surveillance evidence of an assault at the insured premises.  Reeves moved for summary judgment on the basis that (1) the record did not contain evidence that Essex despoiled evidence, as Essex did not receive any evidence or receive notice of the claim prior to the surveillance footage being overwritten and; (2) because the Fourth Circuit does not support claims for negligent spoliation. The trial court denied summary judgment, and Reeves sought a writ application from the Fourth Circuit Court of Appeals. The Court of Appeals agreed and reversed the denial of summary judgment, granting summary judgment and dismissing Essex from the lawsuit.