Smith & Fawer, LLC

Palace Café building set to be sold to Motwani family member, but lawsuits stall the deal

2025-09-18T07:57:17Z

The landmark Canal Street building that was the longtime home of the Palace Café is set to be sold to a member of the Motwani family, but ongoing lawsuits from Dickie Brennan’s restaurant group have stalled the deal. At issue is the historic Werlein’s Music Building, a four-story commercial property in the 600 block of Canal Street, which was constructed in the late 19th Century and was the home to Philip Werlein’s flagship music store. Dickie Brennan & Co., owned by Brennan, his sister Lauren Brennan Brower, and Steve Pettus, operated the Palace Café there from 1990 until its 35-year lease expired in June and the restaurant closed. Read the full article here

Louisiana Supreme Court rules that Ed Orgeron’s ex-wife deserves $8 million from LSU buyout

2025-07-16T05:26:47Z

The Louisiana Supreme Court handed down a ruling Friday that said Ed Orgeron's ex-wife, Kelly Orgeron, is entitled to half the money that the coach received from his LSU buyout, awarding her $8.13 million. The state's high court pointed to language in Ed Orgeron's term sheet with LSU that said it was a legally binding contract when he signed it Jan. 14, 2020, at the time he and his wife were still married. Orgeron filed for divorce 43 days after signing the deal. That contract included provisions for the coach's buyout if he was fired without cause, which happened the next year in 2021. Read the full article here

Smith & Fawer Secures Jury Win Dismissing Multimillion $ Claims

2025-06-06T10:40:10Z

After a 4-day trial, the Firm succeeded in convincing a federal jury that a local construction firm had no liability for breach of contract or fiduciary duty to its out-of-state partner, whose claims would have totaled over $6 million. No appeal was taken from the jury’s verdict.

“We are thrilled for our client, one of the most respected construction firms in the region,” said Randall A. Smith, who together with Dylan T. Leach of Smith & Fawer LLC, convinced the panel of Eastern District of Louisiana jurors to unanimously absolve The McDonnel Group, LLC of the claims submitted to the jury by Archer Western Contractors, LLC.

Read the Jury Verdict Form

LSU Dentistry Student Prevails

2025-06-05T15:51:45Z

Smith & Fawer is proud to have successfully defended a Louisiana State University School of Dentistry student against serious allegations of academic misconduct that threatened the student’s education and future career.

The student was accused of cheating during a final exam—despite full compliance with LSUSD’s testing protocols, which were inconsistently applied and poorly communicated. Facing potential suspension or expulsion, the student turned to Smith & Fawer for representation.

Smith & Fawer zealously advocated for the student throughout the disciplinary process and worked diligently to ensure a full and fair review of the facts. After a thorough evaluation of the evidence—including video footage, witness testimony, and written documentation—the charges were ultimately dismissed and the allegations rejected as entirely unsupported by any reliable evidence.

As a result, our client remains enrolled at LSUSD in good standing, with an academic record unblemished by unfounded allegations.

Smith & Fawer remains committed to protecting the rights of students and professionals in high-stakes disciplinary matters and to ensuring that such proceedings are rooted in fairness, due process, and evidence—not assumptions.

Smith & Fawer Secures Reversal in High-Stakes Legal Malpractice Case Affirming the Right of Those Launching Businesses Startups

2025-05-23T07:24:19Z

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. Read more here

DOTD Pays Nearly $3 Million—Over 10 Times Original Offer—On Eve of Land Expropriation Trial

2025-05-14T07:41:36Z

Just before trial was set to begin, a significant settlement was reached in a high-stakes expropriation case involving the State of Louisiana, Department of Transportation and Development (DOTD). The dispute centered on DOTD’s taking of two parcels from the landowner’s 50-acre tract in Lake Charles to facilitate the relocation of the Lake Charles Harbor & Terminal District’s railroad track and complete the Nelson Road Extension tie-in with W. Sallier Street. DOTD initially offered $269,843.00 for the property. But on the eve of trial, the agency agreed to pay an additional $2.65 million, bringing the total compensation to $2,919,843.00—more than ten times the original offer. The final settlement reflects the landowner’s longstanding position that the expropriated property was substantially undervalued and that the taking resulted in significant damages. The outcome ensures that the landowner receives just compensation, consistent with the protections afforded under the Louisiana Constitution. The Consent Judgment, now final and recorded in Calcasieu Parish, acknowledges this full settlement sum as full compensation not only for the property taken but also for severance damages, economic losses, and all related claims. Read the full Consent Judgment here: Consent-Judgment

In Ed Orgeron divorce, Louisiana Supreme Court Weighs if ex-wife deserves LSU buyout money

2025-05-08T07:36:42Z

An attorney for former LSU football coach Ed Orgeron argued to the Louisiana Supreme Court on Tuesday that his ex-wife is not entitled to money from his $17 million buyout, saying that Orgeron received and earned the money after they were divorced. He and an attorney for Kelly Orgeron made opposite arguments to the state's high court in New Orleans over the divorce case. Ed Orgeron filed for divorce from his wife in 2020 shortly after winning the College Football National Championship. Read more here

Architectural Firm Vindicated on Summary Judgment

2025-04-10T06:38:48Z

A federal judge has thrown out copyright infringement, conspiracy and all other accusations made by a developer against a New Orleans architectural firm and others, providing the defendants a clean win on summary judgment and dismissing a +$4,000,000 claim without a trial. “We are thrilled for our client, one of the most respected architectural firms in the region,” said Randall A. Smith, who together with Andre M. Stolier of Smith & Fawer LLC, convinced Eastern District of Louisiana Judge Greg Guidry that architect John Williams and his firm did no wrong. Read more here: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Louisiana high court orders New Orleans S&WB to pay up over damages from Uptown canal project

2025-04-02T04:09:16Z

The New Orleans Sewerage & Water Board must pony up millions of dollars to Uptown residents and businesses over losses from a massive flood-relief project that ran for years, according to a Louisiana Supreme Court ruling issued Friday. The court ruled unanimously that the board wasn’t shielded in the case by state protections that normally keep local agencies from having to pay money judgments with any urgency. Read more here: https://www.nola.com/news/louisiana-high-court-orders-new-orleans-s-wb-to-pay-up-over-damages-from-uptown/article_efa8d5c6-3667-11ef-84ae-37da667beea4.html

$2,000,000+ Trade Secrets Trial Verdict

2025-04-10T06:17:55Z

On July 1, 2024, following a 6-day bench trial, the District Court of Denver County Colorado issued a judgment in the case of Surtek, Inc. v. Malcolm J. Pitts. The case involved claims related to violations of the Colorado Trade Secrets Act, breach of fiduciary duty, and breaches of contractual obligations between Surtek, Inc., and its former president, Dr. Malcolm J. Pitts. Smith and Fawer, LLC, attorneys Randall A. Smith and Dylan T. Leach represented Surtek in this complex case, bringing this case to trial in less than one year after the initial filing. Ultimately, the Court ruled largely in favor of Surtek, awarding it $2,259,237.10 in damages plus statutory interest, after factoring in an offset for additional compensation found to be due to Dr. Pitts. Read more here: Order Re: Final Judgment