Schonekas, Evans, McGoey & McEachin

SEMM Wins Another Victory at the Louisiana Motor Vehicle Commission

admin — Wed, 16 Jan 2013 17:24:54 +0000

Patrick McGoey and Ellie Schilling succeeded in defeating at trial one of the largest automobile manufacturers in the world’s claim that it had reasonably exercised its business judgment in denying a car dealership’s request to relocate and that the manufacturer had good cause for modifying the dealership’s Area of Primary Responsibility. Due to the Commission’s decision in the dealership’s favor, the dealership can now move to the growth area of the parish in which it is located and will retain its own market in the face of encroachment by large dealerships nearby, thus ensuring the future of the dealership.

SEMM Partners Selected as “Super Lawyers”

admin — Fri, 20 Jul 2012 13:10:28 +0000

Kyle Schonekas was again recognized by Louisiana Super Lawyers in the specialty of business litigation and Thomas McEachin has been selected as a “Rising Star.”

SEMM Wins Bid Protest

admin — Thu, 19 Jul 2012 20:25:56 +0000

Patrick McGoey and Thomas McEachin won a bid protest for a local contractor against the City of New Orleans. The Protest concerned the City’s Disadvantaged Business Enterprise (“DBE”) Program, which requires a contractor to use his “best efforts” to obtain 35% DBE participation on City construction projects. SEMM’s client was the lowest responsive bidder on a multi-million dollar project; however, the City refused to award him the contract, claiming that he had not used his “best efforts” to meet the City’s DBE goal. The City attempted to award the contract to a contractor who’s bid was $215,000 higher than SEMM’s client. After trial, a Civil District Court judge found that SEMM’s client had in fact used his “best efforts” to meet the DBE goal and that the City had acted arbitrary and capriciously in rejecting his bid. The judge issued a permanent injunction and a writ of mandamus, ordering the City to award the contract to SEMM’s client, saving tax payers over $215,000.

SEMM OBTAINS $900,000 WRONGFUL EVICTION JUDGMENT

admin — Mon, 13 Jun 2011 13:46:27 +0000

Patrick McGoey prevailed at trial against a landlord who had wrongfully evicted SEMM’s client from his French Quarter shops and illegally seized the client’s inventory. After a three day trial, the Civil District Court judge found that the landlord had used fraud and ill practices in obtaining the eviction judgment. The judge also ruled in favor of SEMM’s client on all damage claims, including a claim of unfair trade practices, and awarded him $900,000 in damages, interest and attorney’s fees.

SEMM Wins Victory for Automobile Dealership

admin — Thu, 05 May 2011 16:46:56 +0000

Patrick McGoey and Ellie Schilling succeeded in proving at trial that an automobile manufacturer had unreasonably withheld its consent to the sale of a dealership franchise to a qualified transferee. After the manufacturer’s attempt to obtain an emergency stay of the trial failed, the Louisiana Motor Vehicle Commission decided in favor of SEMM’s client, enabling the $3 million sale to be effectuated and ensuring the client was not forced into bankruptcy.

SEMM Obtains Victory for Employer in Alleged Discrimination Matter

admin — Wed, 28 Jul 2010 20:20:12 +0000

Kyle Schonekas, Joelle Evans and Andrea Timpa obtained dismissal of an Americans with Disabilities Act retaliatory discharge complaint filed by a former employee of its client. The court in the Eastern District of Louisiana agreed with SEMM’s legal argument that the former employee failed to exhaust all of his administrative remedies with the EEOC and that the claim was time-barred.

About SEMM

admin — Thu, 15 Jul 2010 18:44:58 +0000

Schonekas, Evans, McGoey & McEachin, L.L.C. is a commercial litigation boutique firm. In 1999, Kyle Schonekas, Joelle Evans, and Patrick McGoey left one of Louisiana’s top law firms and founded the firm with one goal in mind: to provide high quality litigation services in a small firm atmosphere. For over a decade, we have provided our clients with the sophistication of a large firm and the personal attention to detail of a small firm.

Each of our lawyers has a history of superior academic performance and diverse litigation experience. Our lawyers are law professors, former judicial clerks, and former Assistant United States Attorneys. We have litigated a wide variety of complex civil and criminal cases in courts throughout Louisiana. Our partners provide hands-on attention to each case, and our practice is intensely client oriented.

We are known for aggressively protecting and pursuing our clients’ legal rights. We have handled many sensitive and high profile cases. Our clients include Fortune 500 companies, local businesses, and individuals. We are committed to approaching each case with intellectual rigor and creative thinking in order to achieve the best possible results for our clients.

SEMM Obtains Victory Against Licensor Seeking to Enforce Non-Competition and Shut Down Licensee’s Business

admin — Sun, 11 Jul 2010 18:04:15 +0000

Kyle Schonekas and Joelle Evans successfully defeated non-competition and unfair trade practices claims brought in the Twenty-Fourth Judicial District Court by a former licensor who sought to enjoin a former licensee from competing in the retail ladies apparel business in the Houston, Texas area. The district court found the non-competition agreements unenforceable and the Fifth Circuit Court of Appeals denied the licensor’s writ application. SEMM also succeeded in having the licensor’s unfair trade practices claims dismissed on an exception of no right of action.

Appeals Court Awards SEMM Client $1.3 Million in Penalties for Insurer’s Bad Faith

admin — Thu, 08 Jul 2010 18:01:39 +0000

The Louisiana Supreme Court declined writs, thus upholding a state appeals court decision that awarded a SEMM client $1.3 million in penalties for its insurer’s bad faith handling of its Hurricane Katrina business interruption claim. Kyle Schonekas and Patrick McGoey conducted a three day jury trial in which the jury awarded SEMM’s client $250,000 in insured losses and hundreds of thousands of dollars in penalties. On appeal, SEMM was successful in having the appellate court increase the damage award to $666,000 and increase the penalty award to $1.3 million. The $1.3 million bad faith penalty award was one of the largest awards given by any Louisiana Court following Hurricanes Katrina and Rita.

SEMM Wins Victory for Offshore Services Client

admin — Thu, 08 Jul 2010 16:26:18 +0000

Kyle Schonekas and Joelle Evans received a partial summary judgment for an offshore services client in a multi-million dollar case involving breach of a charter party agreement. The court in the Eastern District of Louisiana agreed with SEMM’s legal argument that maritime law applied to SEMM’s client’s claims. The court then found that the parties had entered into a charter party contract and that the defendant had breached the contract. The case is proceeding to trial to determine damages.