Representative Cases & Litigation Experience
O’Bell Law Firm has served as lead, co-lead, and court-appointed counsel in complex class actions, mass torts, and shareholder litigation in state and federal courts across the country. Below are representative examples of our litigation experience in these areas.
Securities, Shareholder & Corporate Transaction Litigation
- Louisiana Municipal Police Employees Retirement System, et al v. Alterra Capital Holdings, Limited, et al, United States District Court, Eastern District of New York; No. 13:CV 0933-ALC. Appointed co-lead counsel to certified class of shareholders of Alterra Capital Holdings, Ltd., against Alterra’s Board of Directors for breaches of fiduciary duty and violations of federal law arising out of the sale of Alterra to Markel Corporation.
- Stephen B. Darr, as Trustee for the Litigation and Distribution Trust of First NBC Bank Holding Company v. Ashton Ryan, et al., United States District Court, Eastern District of Louisiana, No. 2:19-CV-10341. Ongoing representation of unsecured creditors and litigation trustee in breach of fiduciary duty claims against directors/officers and outside auditors of First NBC Bank Holding Company. First NBC Bank’s (FNBC) 2017 collapse was the largest U.S. bank failure since the 2008 financial crisis.
- In re: CenturyLink Sales Practices and Securities Litigation, United States District Court, District of Minnesota; No. 17-md-2795; appointed Louisiana liaison counsel for group of derivative suits for breaches of fiduciary duty and unjust enrichment. Settlement resulted in cash payment of $2,000,000 paid to CenturyLink to be used by the Company for general corporate purposes, including enhancing the Company’s on-going training, system improvements, and auditing of practices related to its mass markets business, based on input from the Company’s Chief Ethics and Compliance Officer and compliance organization.
- Sandra Kim, et al v. Newpark Resources, Inc., United States District Court, Eastern District of Louisiana; No. 06-02150; Court appointed Co-Liaison Counsel for a national class involving investors who acquired securities of Newpark Resources, alleging company’s executive officers violated the Securities Exchange Act of 1934 and S.E.C. Rule 10b-5.
- Thompson, et al v. Shaw Group Inc., et al, United States District Court, Eastern District of Louisiana, No. 04-1685; Court Appointed Local Counsel for a proposed national class of derivative investors of Shaw Group Inc.
- In Re: BigBand Networks, Inc., Securities Litigation, 3:07-CV-05101-SBA (C.D. Cal.), supporting counsel in a federal securities class action brought against a computer hardware corporation, certain officers and directors of the Company, and the Company’s underwriters, resulting in a cash settlement of $11 million for investors.
- Norman J. De Lapouyade, et al v. Whitney Holding Corporation, et al, Civil District Court, Parish of Orleans, State of Louisiana, Case No. 2011-189. Served as counsel of record of a certified class of shareholders of Whitney Holding Corporation against Whitney’s Board of Directors for breaches of fiduciary duty and violation of state law arising out of the sale of Whitney to Hancock Holding Company.
- In Re: Constellation Energy Group, Incorporated Shareholder Litigation, In the Circuit Court Baltimore City, Case No. 24-C-11-003015. Acted as supporting counsel to a proposed class of shareholders of Constellation Energy Group, Inc., against Constellation’s Board of Directors for breaches of fiduciary duty and violation of state law arising out of the sale of Constellation to Exelon Corporation.
- In Re: The Shaw Group, Inc. Shareholder Litigation, 19th Judicial District Court for the Parish of East Baton Rouge, Case No. 614399. Acted as supporting counsel to a certified class of shareholders of Shaw Group, Inc. against Shaw’s Board of Directors for breaches of fiduciary duty and violations of state law arising out of the sale of Shaw to Chicago Bridge & Iron Company, N.V.
- In Re: DDI Shareholder Corp. Litigation, Superior Court for the State of California, Orange County; Case No. 30-2012-00559763-CU-BT-CXC. Acted as supporting counsel to a certified class of shareholders of DDI Corp. against DDI’s Board of Directors for breaches of fiduciary duty and violations of state law arising out of the sale of DDI.
Mass Torts, Environmental & Catastrophic Class Action Litigation
- Anne Cannon, et al v. Metairie Towers Condo Association, et al, 24th Judicial District Court for the Parish of Jefferson, State of Louisiana; No. 839-979; Court appointed Class Counsel for certified class of condominium unit owners alleging breaches of fiduciary duty of the condo board for mismanagement of insurance funds following Hurricane Ida. Class action settlement resulting in $9.5 million fund for the benefit of unit owners.
- In Re: Stolthaven Issac Chemical Spill Litigation, 25th Judicial District Court, Parish of Plaquemines, State of Louisiana, No. 59-925; Court appointed as Class Counsel for a certified class of residents and business owners who were prohibited from returning to their residences following a chemical spill after Hurricane Issac. Class action settlement resulting in a $2.5 million fund.
- Melvin Burmaster, et al v. Plaquemines Parish Government, 25th Judicial District Court, Parish of Plaquemines, State of Louisiana; No. 53-238, Court appointed as Lead Counsel of Plaintiffs’ Steering Committee for a certified class of businesses and homeowners who suffered catastrophic property loss and damages as a result of levee breaches from Hurricane Katrina. Class Settlement resulted in Plaquemines Parish dedicating almost $18 million revenue bond funds dedicated for the purpose of east bank levee improvements.
- In Re: Chemical Release at Bogalusa, (1995), 22nd Judicial District Court, Parish of Washington, State of Louisiana, No. 73, 341, arising out of a tank car explosion at the Gaylord Chemical Plant in Bogalusa, Louisiana, serving as a member of the trial team.
- Marzell Ike Dumas, et al v. Angus Chemical, et al, (1991), Fourth Judicial District Court Parish of Ouachita, No. 92-1707, mass tort, certified class action arising from the May 1, 1991, IMC Fertilizer Plant Explosion in Sterlington, Louisiana involving approximately 1,300 class members, served on discovery and trial team of Plaintiffs’ Committee. Settled for approximately $86 million.
- Brenda C. Reddoch, et al v. Parish of Plaquemines, et al, 25th Judicial District Court, Parish of Plaquemines, State of Louisiana, No. 48,380, Lead Counsel for class, arising out of exposure to toxic mold in the workplace. Class certification denied.
Liability & Medical Device / Pharmaceutical Litigation
- In Re: Silicone Gel Breast Implant Litigation, MDL-926, (1992), United States District Court, Northern District of Alabama; served as a sub-committee member of the National Discovery Team for defendants, Dow Chemical and Dow Corning.
- In Re: Pedicle Screw Product Liability Litigation, MDL:-1014, (1994), United States District Court, Eastern District of Pennsylvania; served a sub-committee member of the National Discovery Team for various defendants, including AcroMed, Advanced Spine Fixation Systems, Inc. and Cross Medical Corporation.
- In Re: Baycol Products Liability Litigation, MDL-1431, (2001), United States District Court, District of Minnesota, involving product liability claims arising out of the use of the drug Baycol; Served as member of the Discovery Committee and represented over 100 individual cases.
- Castano, et al v. The American Tobacco Co., et al, (1994), United States District Court, Eastern District of Louisiana, CA No. 94-1044; involving a proposed nationwide class action against the tobacco industry for products liability and fraudulent misrepresentations; served as a member of the Discovery Team of Plaintiffs’ Steering Committee. Certified as a national class action. Class certification reversed by United States Fifth Circuit Court of Appeal. California action settled for several billion dollars.
- 3M Combat Arms Earplug Product Liability Litigation, MDL-2885, United States District Court for the Northern District of Florida. Representing over 50 United States servicemen and women regarding use of allegedly defective combat ear plugs.
Consumer & Fair Credit Reporting Class Actions
- Barbara Thomas, et al v. ClearCredit, et al, United States District Court, Eastern District of Louisiana; No. 03-2580; Co-Lead Counsel for a national settlement class involving violations of Fair Credit Reporting Act. Certified as a national settlement class after Court approval and Fairness Hearing. Settled for approximately $6 million in benefits to the consumer class.
- Richard Olivier, et al v. Capital One Financial Corp., f/ka/ Hibernia Corporation, et al, United States District Court, Eastern District of Louisiana, No. 06-2422; Co-Lead Counsel for a proposed class of Louisiana residents involving violations state law regarding interest on insurance money proceeds.
- Dooley v. Federated Law Group PLLC (UDSC, N.D. Ga. and American Arbitration Association 2019). Obtained substantial individual award for consumer under FDCPA including attorneys’ fees.