Defending or Prosecuting Class Actions and Parens Patriae Claims

The attorneys of Hamilton & Brown have counseled businesses, governmental entities and individuals in a broad range of representative actions, including class actions and parens patriae claims. Those cases have included:

Reported Class Action Decisions:

1. Ross, et al. v. Brown Title Corp., 356 F. Supp. 595 (E.D. La. 1971), aff'd, 412 U.S. 934, 93 S. Ct. 2788 (1973), represented plaintiff class of homeowners in challenge to constitutionality of Louisiana executory process statutory scheme;
2. Abell, et al. v. Potomac Insurance Company, et al., No. CV 84-178C, in the United States District Court, Western District of Louisiana. Served as counsel for co-defendant, issuer’s counsel, and settled claims asserted on behalf of a nationwide class of bondholders, for damages, on account of alleged breaches of professional duties owed by issuer, counsel for issuer, underwriters, counsel for underwriters and others, under the Racketeer Influenced and Corrupt Organizations Act, the Securities Act, the Securities Exchange Act, and state law. The proceedings were tried as to other parties and were reported on appeal at 858 F.2d 1104 (5th Cir. 1988), cert. granted, 492 U.S. 914, 109 S.Ct. 3236 (1989).
3. Williams v. City of New Orleans, 694 F.2d 987 (5th Cir. 1982), vacated, 729 F.2d 1554 (en banc) (5th Cir. 1982), represented City in defense of claim by a class of black applicants and members of police department alleging racial discrimination in selection, training and promotion of police officers;
4. Bossetta-Goodman, et al. v. Datacom Systems Corp., et al., 644 F. Supp. 354 (E.D. La. 1986), affirmed, 820 F.2d 1222 (5th Cir. 1987), represented defendant against class of automobile owners alleging unconstitutionality of parking fines;
5. Hamilton v. Morial, 644 F.2d 351 (5th Cir. 1981), represented the City of New Orleans and City officials in defense of claim by class of local prison inmates alleging unconstitutional overcrowding in local jail;
6. New Orleans Firefighters Assoc. v. Civil Service Commission, et al., 422 So.2d 402 (La. 1982), represented City of New Orleans in class action wage claim by class of present and former City firefighters;
7. ACORN v. City of New Orleans, 377 So.2d 1206 (La. 1979), represented the City in defense of class action challenge to the constitutionality of annual real property service charge;
8. ACORN v. City of New Orleans, 407 So.2d 1225 (La. 1981), represented the City in defense of class action challenge to annual $50 motor vehicle road use service charge;
9. Benelli v. City of New Orleans, 478 So.2d 1370 (La. App. 4th Cir. 1985), represented City in class action challenge to regulations limiting off duty employment of police officers;
10. Bruno v. City of New Orleans, 583 So.2d 10 (La. App. 4th Cir. 1992), represented City in defense of class action wage claim by police officers.
11. State of Louisiana, et al. v. Sprint Communications Co., et al., 699 So2d 1058 (La.1997), represented defendant MCI Telecommunications Corporation in claim by statewide class of property owners seeking damages for installation of fiber optic cable within railroad servitudes.
12. Montegut, et al. v. Williams Communications, Inc., 109 F. Supp.2nd 496 (E. D. La.), successfully represented the defendant in claim by class of property owners seeking damages for installation of fiber optic cable within railroad servitude. Class certification was denied, case was remanded to state court, and the claims of the individual plaintiffs were settled by payment of nominal damages.

1. Stephanie Miles, et al. v. MCI Telecommunications Corp., Civil District Court, Parish of Orleans, State of Louisiana, No. 95-8855, represented defendant in class action mass tort arising from toxic chemical spill; settled claims for total payment of $25,000.
2. Cunningham, et al. v. IBM, Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana, No. 421-453, currently representing nationwide plaintiff class of approximately 25,000 former employees and their spouses in claim for severance and retraining benefits.
3. Randall W. Peterson, Sr. v. Williams Communications, Inc., Nineteenth Judicial District Court for the Parish of East Baton Rouge, State of Louisiana, No. 473, 432, successfully represented the defendant in claim by class of property owners seeking damages for installation of fiber optic cable within state highway servitude. Plaintiffs dismissed claim as a class action, in return for settlement of their claims involving one tract of land.
4. In re: Chemical Release at Bogalusa, Twenty-Second Judicial District Court, Parish of Washington, State of Louisiana, No. 72, 341, currently working with plaintiffs' liaison committee in the representation of approximately 16,000 residents of the Bogalusa area who were suffered personal injuries and were forced to evacuate their homes as the result of a leak of nitrogen tetroxide from a railroad tank car at the Gaylord Chemical Plant in Bogalusa. Settlements against most defendants for compensatory damages have been approved by the Court. Jury award of $190 million in punitive damages is on appeal.
5. In re: New Orleans May 2002 Tank Car case, Civil District Court for the Parish of Orleans, State of Louisiana, No. 02-8256. Currently representing the Public Belt Railroad Commission, one of five defendants in this class action by residents of the Gentilly neighborhood of New Orleans seeking damages from alleged exposure to chlorine from a leaking railroad tank car at the Oliver Rail Yard of the Norfolk Southern Railway Co. The class certification is to be heard on June 27 through July 1, 2005.
6. In re: Compact Disc Minimum Advertised Price Antitrust Litigation, MDL docket no. 1361 in the United States District Court, District of Maine. Co-Counsel for two named representatives of, and member of counsel group for, a nationwide class of institutional purchasers (as well as individual residents of eight states), complex multi-district litigation involving claims asserted by Attorneys General of 40 states, suing parens patriae, on behalf of the natural persons resident in their states, as well as residents of United State territories, and individual purchasers of pre-recorded CD’s resident in eight states and institutional purchasers of pre-recorded CD’s in all states and several territories of the United States.
7. Billy Cook and Barry Kuperman v. Powell Buick, Inc., et al.,"CA 94-1730, on the docket of the United States District Court for the Western District of Louisiana. Served as counsel for two members of defendant group in a complex multi-party statewide antitrust class action against the Louisiana Automobile Dealers Association, several named automobile dealers and a defendant class of automobile dealers, alleging several violations of state and federal antitrust law and Louisiana civil law.
8. Rosezella Cook, et al. v. Ochsner Foundation Hospital, et al., No. 70-1969 on the docket of the United States District Court, Eastern District of Louisiana, New Orleans Division. Served as counsel for Flint-Goodridge Hospital, in a complex civil rights class action litigation involving multiple claims of violations of the Hill-Burton Act, and of federal civil rights legislation, brought on behalf of a class of numerous African-American and indigent persons in the metropolitan New Orleans area.

1. State of Louisiana, ex rel Ieyoub v. F. Hoffman-La Roche, Ltd, Civil District Court, Orleans Parish, No. 99-1427(D)
2. State of Louisiana, ex rel Ieyoub v. Brunswick Bowling & Billiards Dover, Inc., 95-797 (La. App. 5 Cir. 11/15/95), 665 So. 2d 520, writ den., 95-3015, 95-3018 (La. 2/16/96), 667 So. 2d 1053, defended two defendants in a multi-party proceeding brought by the State of Louisiana, acting as parens patriae, alleging numerous breaches of antitrust law.