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Mandeville Attorneys Achieve Dismissal in U.S. Fifth Circuit Court of Appeals

Louisiana attorneys Thomas M. Richard and Allyson C. Byrd obtained dismissal on behalf of a Mississippi auto dealership client in a liability claim involving alleged defects to the vehicles for sale by our client.

In this dispute that took place in Meridian, Mississippi, a customer of our auto dealership client alleged that the vehicle they purchased from our client had defective parts, including a flawed airbag and accelerator. The faulty accelerator allegedly resulted in a rear-end crash, causing alleged injuries and mental anguish to the plaintiff, as well as a second plaintiff who was the driver of the other vehicle involved in the crash.

Litchfield Cavo LLP attorneys, Tom and Ally, filed a Motion to Dismiss for lack of subject-matter jurisdiction. The United States Court of Appeals for the Fifth Circuit affirmed a decision by the United States District Court for the Southern District of Mississippi, dismissing the suit entirely based on jurisdictional grounds.

Tom has more than 35 years of litigation experience in an array of defense matters involving automobile and trucking, general liability and construction defects. He also handles claims involving insurance coverage, bad faith litigation and non-medical professional liability. Tom has tried many jury and bench trials in Louisiana state and federal courts, and has argued in the Louisiana Supreme Court, several Louisiana Courts of Appeal and the United States Fifth Circuit Court of Appeals.

Ally focuses her defense practice in the areas of general liability, premises liability and workers’ compensation in both state and federal courts in Louisiana and Mississippi. She reviews and analyzes clients’ risk and offers strategies to mitigate exposure throughout the litigation process. Ally regularly presents to third-party administrators and carriers on Louisiana and Mississippi workers’ compensation and premises liability law.