In a far-reaching decision, Smith & Fawer, LLC has won the overturning of a dismissed case involving a complex legal malpractice matter particularly addressing business startups that are destroyed before opening their doors.
The firm’s recent, pivotal victory before the Louisiana Fourth Circuit Court of Appeal reinstated their client’s claims and affirmed the right of injured parties to seek redress even when their businesses never got the chance to launch.
The client sought to launch a distinctive entertainment venue in downtown New Orleans, inspired by similar successful ventures in other cities.
The trial court dismissed the case on summary judgment after excluding two expert witnesses – an industry veteran and a forensic accountant – and then ruling the case was too weak without expert support.
Smith & Fawer successfully challenged the exclusions and the summary judgment ruling, showing the experts’ qualifications and methodologies were sound and their exclusions were a clear abuse of discretion and that the trial court improperly usurped the jury’s role by depriving the startup the opportunity to present its case.