Experience

Dogged litigation leads to successful recovery for clients despite bankruptcy

Location: Lafayette, Louisiana

Debtor: New Louisiana Holdings, LLC, et al.
Amount: Confidential settlement

Description: Wilkes & McHugh represented families whose loved ones were injured or died while in the care of the Debtors, which operated a nursing home empire spanning multiple states including Florida, Georgia, and Louisiana. After extensive negotiations and vigorous participation on the Unsecured Creditors Committee, Wilkes & McHugh successfully negotiated a compromise with the Debtors to secure a recovery for clients who otherwise may have received nothing as unsecured creditors. 

Car manufacturer deceives consumers about eco-friendliness of vehicles

Location: Pinellas County, FL

Plaintiff: Confidential
Defendant: Volkswagen Diesel Emissions
Amount: Ongoing litigation
Alleged Injuries: Violation of the Florida Racketeer Influenced and Corrupt Organization Act, Violation of Florida's Unfair & Deceptive Trade Practices Act, fraud, and unjust enrichment in a case where an auto manufacturer deceived consumers about the eco-friendliness of their vehicles

Description: After years of marketing and selling “Clean Diesel” vehicles, Volkswagen admitted to installing illegal software in its 2009-2015 diesel Jetta, Passat, Golf, Beetle, and Audi A3 vehicles designed to cheat federal and state emissions testing. The Federal Environmental Protection Agency (EPA) issued a Second Notice of Violation regarding illegal software in Volkswagen’s 2014-2016 diesel Touareg, Porsche Cayenne, Audi A6 Quattro, A7 Quattro, A8, A8L, and Q5. The resulting damages for VW, Audi, and Porsche owners include loss of value, inability to sell vehicles, reduced efficiency, and greatly increased eco footprints for vehicles advertised as “Clean Diesel” vehicles. Wilkes & McHugh attorneys represent several owners of affected vehicles in their claims against Volkswagen.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Years of tough litigation leads to multi-million bankruptcy settlement

Location: Tampa, Florida

Debtor: Fundamental Long Term Care, Inc.
Amount: $23.7 million

Description:  Judgment creditors represented by Wilkes & McHugh initiated involuntary Chapter 7 proceedings against Debtor Fundamental Long Term Care, Inc. to recover state court judgments following jury verdicts in excess of $2 billion. A decade of protracted litigation revealed a bust-out scheme involving a dozen real-parties-in-interest that devised a scheme to ditch a liability-ridden shell company by selling it to the Debtor using an elderly strawman. After a two-week trial, the parties reached a multi-million dollar compromise.

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