Brocato Law Firm, PLC, Cases

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Reported Cases

Frank v. Frank 948 So.2d 1224 (2007)

This case involved a criminal defendant that spent months in jail after his charges were prescribed. However, his court-appointed lawyer did not take any action to get him released from jail. Sal represented Mr. Frank in a suit for the loss of freedom that he should not have been in jail since the District Attorney did not pursue the charges. The matter went to trial and the court found in his favor, but the award was insufficient to compensate him for the months of incarceration. Based on Mr. Brocato’s arguments, the Court of Appeal raised the award of damages.

Willis v. Redfish Renovations, LLC 891 So.2d 748 (2004)

This case involved a man who was injured as a result of a renovation company’s negligence. Their insurance company filed a Motion to dismiss the case, which the trial court granted. Mr. Brocato appealed that decision and successfully argued that the case should not have been dismissed. After the reversal by the Court of Appeal, the defendant settled the matter.

Aaron v. Landcraft, et al 900 So.2d 920 (2005)

This case involved claims of 72 individuals who alleged that their contractor/developer of their homes and subdivision failed to fulfill the promised amenities of the neighborhood. The trial court dismissed the case. Mr. Brocato appealed that decision and successfully argued that they should not have been dismissed. The Court of Appeal reversed and the case was sent back to the trial court for further proceedings and later settled.

Leblanc v. Baxter, et al 905 So.2d 415 (2005)

This case involved a driver who was in an accident with a Parish employee. The Parish denied all claims alleging the plaintiff, Ms. Leblanc, was 100 percent at fault. After a trial, the Court awarded $215,000 for un-operated vertebral discs. The parish appealed the decision, and it was upheld by the Court of Appeal.

Abbassi v. State Farm, et al 875 So.2d 988 (2004)

This case involved a victim of a motor vehicle accident. After a trial of the matter, the Court awarded damages to Mr. Abbassi for his injuries. State Farm appealed the decision arguing the award was excessive. Mr. Brocato successfully argued the Trial Court’s award was proper. The Court of Appeal affirmed the case.

Cates v. Dillard 624 F.3d 695 C.A 5. La. (2010)

Ms. Cates tripped on a “slippery when wet” sign left out by a Dillard employee. The trial court dismissed the case holding plaintiff could not prove when and how long the sign had been left out. Mr. Brocato successfully appealed the case to the United States 5th Circuit Court of Appeals, who reversed the trial court’s decision. The case was later settled.

State v. Hoerner 88 So.3d 1128 (2012)

The State charged Mr. Hoerner with 3rd offense DWI, a felony with a mandatory minimum of one year in jail. Mr. Brocato filed a Motion to Quash the Bill of Information arguing that the two prior DWIs were outside of the 10-year period to count them as predicate offenses. The trial court granted the Motion to Quash, dismissing the case. The State then appealed the matter to the Louisiana Circuit Court of Appeal. After an oral argument at that court, the 5th Circuit affirmed the trial court’s findings.

Warren v. Kenny 64 So.3d 841 (2011)

The Plaintiff had incurred a fractured femur due to a fall from a balcony at an apartment duplex. The defendants filed a Motion for Summary Judgment, which was granted by the trial court, dismissing the case. Mr. Brocato appealed the case. Subsequent to an oral argument at the Louisiana 4th Circuit Court of Appeals, the case was reversed and sent back to the trial court, where it later settled.

Rodney v. Zurich American Ins. Co. 2013 WL 178127 (2013)

The Plaintiff incurred damages to his home as a result of Hurricane Katrina. After the suit was filed, the insurance company moved to dismiss the case claiming it had prescribed. The trial judge agreed, over Mr. Brocato’s objection. The case was dismissed. Mr. Brocato appealed the matter to the 4th Circuit, who vacated the dismissal and remanded the case back to the trial court.

Non-Reported Litigated Criminal Cases

State v. Dorman
DWI
New Orleans Traffic Court
Acquitted after a trial

State v. Green
DWI
First Parish Court
Acquitted after a trial

State v. Dorman
DWI
First Parish Court
Acquitted after a trial

State v. Vaccarrella, et al
Possession of marijuana
New Orleans Criminal Court
Acquitted after a trial

State v. Hurd
Aggravated Battery
24th Judicial District Court
Charge Dismissed

State v. Blair
Possession of Schedule II CDS
24th Judicial District Court
Charge Dismissed

State v. Dinger
Possession of CDS II – To-Wit
24th Judicial District Court
Charge Dismissed

State v. Salone
Possession of Schedule II CDS
24th Judicial District Court
Charge Dismissed

State v. Jones
Possession of Schedule II CDS
24th Judicial District Court
Charge Dismissed

State v. Billiot
Possession of Schedule IV CDS
24th Judicial District Court
Charge Dismissed

State v. Weatherly
Possession of CDS IV – To-Wit
Possession of Legend Drug
24th Judicial District Court
Charges Dismissed

State v. Schulte
Possession of Marijuana
24th Judicial District Court
Charge Dismissed

State v. Joaquin
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash filed

State v. Candebat
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash filed

State v. Bergeron
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash filed

State v. Guss
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash filed

State v. Gentry
Discharge of a firearm
New Orleans Municipal Court
Discharged of a firearm dismissed after Motion to Quash filed

State v. Blatty
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash filed

State v. Moskau
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash file

State v. Brignac
DWI
New Orleans Traffic Court
DWI charge dismissed after Motion to Quash filed

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