practice area

Litigation Attorney

Litigation

Seale & Ross’s litigation practice has achieved successful results in a wide range of matters – in both federal and state courts at the trial and appellate level, and through arbitration and other forms of alternative dispute resolution. We are one of the few firms on the Northshore that litigates in both federal court and state and federal appellate courts. Our litigation attorneys regularly handle complex commercial litigation, bankruptcy and creditors’ rights matters, real estate disputes, personal injury cases, succession litigation, and labor and employment matters. We have the resources to properly staff cases, and the sensitivity to avoid overstaffing. We look for approaches that will be most effective, taking account of economic and non-economic objectives.

Commercial Litigation

Commercial litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership or joint business venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, commercial contract litigation, and shareholder issues. We use an efficient and creative approach to intelligently position these disputes on behalf of our clients, whether they are “bet-the-company” cases or more discrete matters. Our firm handles everything from small to complex business disputes, including shareholder derivative lawsuits, commercial contract litigation, and claims against officers and directors.

Real Estate Matters

We have experience litigating a wide array of real estate matters, such as boundary disputes, subdivision regulations and restrictions, and title or possessory actions.

Employment Disputes

Seale & Ross helps businesses defend lawsuits by current or former employees, including claims of discrimination (based on disability, age, race, etc.), retaliation, equal pay violations, harassment, and whistleblower and other federal and state law violations. We also represent employers who must institute litigation against a former employee for various acts, including violation of a non-competition agreement or non-solicitation agreements, or improper use of confidential information and trade secrets.

Our Labor & Employment attorneys represent governmental entities and small to medium size businesses before state and federal courts, as well as federal administrative agencies in the following areas:

Age discrimination
Breach of employment contracts
Defamation
Disability discrimination
Employee dishonesty
ERISA
Fair Labor Standards Act
First Amendment
Intentional infliction of emotional distress
Noncompetition agreements
OSHA defense and compliance
Political discrimination
Race discrimination
Racial harassment
Religious discrimination
Sex discrimination
Sexual harassment
Trade secrets
Unfair competition
Workers' compensation discrimination

Succession Litigation

We work with clients to resolve succession-related conflicts which may result in litigation, such as disagreements between heirs, disputes about whether succession representatives are fulfilling their duties, and claims by a succession against other parties. If the conflicts cannot be resolved, we will litigate them to conclusion.

Personal Injury Claims

Seale & Ross handles personal injury claims on behalf of clients who have been injured, whether it be in a car accident, a slip and fall, or any other type of injury. Accident victims in Louisiana have rights, and Seale & Ross is here to protect those rights. When you have been seriously injured-or a loved one has been seriously injured or killed-in a motor vehicle crash, slip and fall, maritime accident, or industrial accident, we will fight for the compensation you deserve. We serve clients throughout Louisiana.

Bankruptcy on Behalf of Creditors

Individuals and businesses in financial difficulties often resort to the federal bankruptcy court for protection. It is imperative for a creditor to seek the guidance of an experienced law firm such as Seale & Ross to avoid the pitfalls that exist for the unwary creditor in bankruptcy court.

Automatic Stay

Once a bankruptcy petition is filed, the law imposes an automatic stay of all debt collection activities. This automatic stay acts as an injunction against creditors, preventing even state court actions already in progress from going forward. An unrepresented creditor may find itself in violation of the automatic stay because of its seemingly innocent acts.

Adequate Protection

If a creditor is secured, the creditor can ask the court for adequate protection, to order the debtor to adequately protect the value of the collateral. Creditors should demand that collateral be insured against loss or damage and be properly maintained. The creditor can also seek for the debtor to make payments to the bankruptcy trustee or the creditor to protect against depreciation while the stay is in effect. If the debtor does not adequately protect the collateral, the creditor can ask the court to lift the stay and allow the creditor to take possession of the collateral.

Failure to Disclose

A party filing bankruptcy must disclose all information relevant to their financial condition to the court, which is provided to their creditors. Failure to disclose relevant information may result in serious penalties, including dismissal of the bankruptcy. In extreme cases of actively hiding assets, debtors may be charged with a federal crime. Our diligent work, together with our creditor clients, often enables the court to ferret out hidden assets and to uncover fraud and abuse of the bankruptcy process.

Non-Dischargeable Debts

A debtor in bankruptcy may not be entitled to a discharge of certain debts, or, in some cases, a discharge at all. Non-dischargeable debts may include:

those incurred by fraud, embezzlement, or theft;
defalcation while acting in a fiduciary capacity such as a trustee, partner, guardian, or similar capacity;
domestic support obligations; and
willful or malicious injury.

These exceptions to discharge are not automatic and are very fact-intensive. To object to discharge, a creditor must file a complaint in bankruptcy court within certain time limitations and has the burden of proof. When an action is pending in another (non-bankruptcy) court involving possible issues as to whether the debt sued upon may be non-dischargeable, experienced bankruptcy counsel can take action to expedite the procedure in bankruptcy court.