June 20, 2025
ShareKelley Kronenberg Defeats Motion to Reinstate Hurricane Claims in Federal Court
Kelley Kronenberg Partner/Business Unit Leader Jeanne Arceneaux secured a significant victory for Allied Trust Insurance Company in the Western District of Louisiana, successfully defending against a plaintiff’s motion to reinstate hurricane damage claims worth hundreds of thousands of dollars.
The case involved a plaintiff who had previously lost her Hurricane Laura and Hurricane Delta claims when the court dismissed her case in August for failure to prosecute. Nearly nine months later, the plaintiff retained new counsel and filed a Motion for Relief under Federal Rule of Civil Procedure 60(b)(6), claiming her prior counsel’s gross negligence warranted extraordinary relief to reinstate her claims.
Jeanne crafted a strategic defense arguing that the plaintiff had failed to meet the strict standards required for relief under Rule 60(b)(6). She demonstrated that the rule does not relieve parties from the consequences of their strategic litigation decisions, and that reinstating the claims would result in extensive prejudice to Allied Trust.
The court agreed with Jeanne’s position and denied the plaintiff’s motion, delivering a comprehensive ruling that reinforced important principles regarding the finality of judgments. The judge specifically noted that “Plaintiff is seeking relief because she hired bad counsel… however, her choice of representatives is not an extraordinary circumstance that warrants reversal of the judgment of dismissal.”
The court further emphasized that allowing such relief “would allow future litigants to reverse unfavorable judgments and/or verdicts because they chose counsel who failed them and/or other representatives that give them bad advice. This is not the spirit of Rule 60.”
Additionally, the court determined that the plaintiff’s complaints should be directed toward her public adjuster and prior counsel rather than her insurer, and that Allied Trust would be unfairly prejudiced if the case were reopened nearly five years after the hurricanes occurred.
This victory not only protected Allied Trust from substantial financial exposure but also established important precedent regarding the limitations of Rule 60 relief in cases involving attorney performance issues.
Special recognition goes to Complex Claims Adjuster Paula Maisel at Allied Trust Insurance Company, whose collaborative approach with our legal team was instrumental in achieving this positive result.
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