Schonekas, Evans, McGoey & McEachin

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.

SEMM Successfully Defends Public Bid Law Challenge for General Contractor Client

admin — Wed, 07 Jul 2010 18:02:46 +0000

Kyle Schonekas and Thomas McEachin successfully defended a public bid law challenge by a disgruntled subcontractor seeking to enjoin the completion of the Orleans Parish District Attorney’s Office renovations. The trial court denied the subcontractor’s request for a temporary restraining order and, after an evidentiary hearing, its motion for a preliminary injunction. The Louisiana Fourth Circuit and Supreme Court declined the subcontractor’s requests for reversal, and the District Attorney moved into his renovated offices.

SEMM Partner Selected Again as Super Lawyer

admin — Wed, 07 Jul 2010 18:02:20 +0000

Kyle Schonekas was again recognized by Louisiana Super Lawyers in the specialty of business litigation.

SEMM Wins Defense Judgment for Commercial Collection Agency and Recovers in Excess of $60,000 in Costs

admin — Mon, 05 Jul 2010 18:03:56 +0000

After seven years of litigation, Kyle Schonekas and Joelle Evans obtained a defense judgment for a commercial collection agency client. SEMM took over the defendants’ representation from another law firm, which had been defending the case for over five years. Upon undertaking the defense, SEMM sought a trial date in hopes of quickly resolving the matter. After a bench trial, SEMM successfully convinced the district court to dismiss with prejudice all of the plaintiff’s claims, including non-competition, non-solicitation, unfair trade practices, and breach of contract.

SEMM then defeated plaintiff’s Motion for New Trial, Nullity of Judgment and Petition for Appeal and recovered $60,144 in costs for its client.

SEMM Wins Million Dollar Jury Award

admin — Mon, 05 Jul 2010 18:03:34 +0000

Kyle Schonekas and Patrick McGoey secured a $1.5 million jury award for one of SEMM’s clients on a Hurricane Katrina business interruption claim. The jury returned a verdict in favor of SEMM’s client on all claims and awarded penalties and attorney’s fees pursuant to Louisiana’s Bad Faith Insurance Statutes.

SEMM Wins Construction Arbitration Award

admin — Mon, 05 Jul 2010 18:03:09 +0000

Kyle Schonekas and Patrick McGoey secured a victory on behalf of a general contractor in a suit under the Louisiana Public Works Act. After a week-long arbitration, the arbitrator found in favor of SEMM’s client and awarded contract and delay damages, as well as costs and expert fees.