Firm News
DDKF Newsletter
Volume 3, Issue 2, July 5, 2012
Ed Hatten recently attended Annual Conference of CLM
Formerly known as the Council on Litigation Management, the Claims and Litigation Management (CLM) Alliance held its Annual Conference recently in San Diego. Ed Hatten, who is a CLM member and serves on its Construction Committee, attended this conference. CLM is a nonpartisan alliance whose Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors, who are committed to furthering the highest standards of claims and litigation management. It is an inclusive and collaborative organization seeking to further the practice of Claims and Litigation Management through educational programs, fostering communication and collaboration, and providing resources to the legal defense industry.
Summary Judgment obtained in Premises Liablity Suit
Last month, in a case defended by firm shareholder Ed Hatten and associate Matt Williams, a Motion for Summary Judment was granted in a Mississippi premises liability lawsuit. The case involved a grocery store customer who fell in the parking lot of a shopping center. The Plaintiff sued the grocery store tenant and the owner of the shopping center, claiming they failed to keep the subject premises in a reasonably safe condition. The trial court agreed with the reasoning of the Motion for Summary Judgment, which demonstrated that as a matter of fact and law, the condition complained of (a small crack in the asphalt paving of the parking lot) was an open and obvious minor irregularity that customers can reasonably expect to encounter while walking across a parking lot, and is not a "dangerous condition" as defined by our jurisprudence. Thus, the Defendants did not breach any duty owed to this Plaintiff, who was a business invitee.
Successful Defense of Real Estate transaction Lawsuit
Ed Hatten, a shareholder in the firm, just successfully defended a local real estate agent and the firm for whom she worked, in a lawsuit filed against them and a buildilng contractor over the construction and purchase of a house in Mississippi. The Complaint alleged the following causes of action: Breach of Contract; Extracontractual Damages; Breach of Implied Covenant of Good Faith and Fair Dealing; Tortious Breach of Contract; Negligent Construction; Fraud/Fraudulent Misrepresentation; Breach of Express and Implied Warranty; and Fraud in the Inducement. Through a combination of unique discovery and motion strategies, our clients were ultimately dismissed with prejudice from this lawsuit this month.
DDKF to Sponsor 2012 Annual Meeting of PLDF
Dukes, Dukes, Keating and Faneca, P.A. (DDKF) will be a Silver Sponsor of the 2012 Annual Meeting of the Professional Liability Defense Federation (PLDF) this fall in Chicago. Ed Hatten, a shareholder at DDKF, was selected for membership in the PLDF and has been a member for the past two years. This year, he will be attending the Annual Meeting in September, and joining fellow members of the PLDF who are involved in and committed to the defense of claims against Real Estate and Construction Industry professionals. The PLDF's mission is to enhance the stature and effectiveness of professional liability defense professionals through education, training and the exchange of information.
