James J. Reeves II

Partner with Melchiode Marks King.

Reported Decisions/Slip Opinions:

31.5.18

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customer, who then used this as an opportunity to cancel the contract, arguing that the modifications to the contract rescinded the earlier contract.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