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MCCLENNY MOSELEY SANCTIONED BY 3RD LOUISIANA JUDGE FOR DUPLICATE FILINGS

By Jim Sams | February 2, 2023

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Attorneys for McClenny Moseley & Associates appeared in a New Orleans courtroom
Wednesday to explain why they claimed to represent a homeowner who says she
didn’t hire the law firm, but did sign some paperwork handed to her by a
restoration contractor.

Magistrate Judge Michael North ordered both MMA founding partner Zach Moseley
and Louisiana office manager William R. Huye III to appear personally before him
after an insurance defense attorney accused the law firm of working with
contractors to sign up new clients. On Wednesday, North ordered the law firm to
pay attorney fees to attorneys who were forced to contend with a duplicate
lawsuit it filed, according to a local news report. It was the third time a
Louisiana federal judge has sanctioned McClenny Moseley.



In his order scheduling the hearing, North said “the court expects Huye and
Mosely to be fully informed and conversant in every salient detail surrounding
its representation of plaintiff both pre-suit and in connectionwith Case No.
22-cv-4927.”

That case number refers to a lawsuit that MMA filed Dec. 4 on behalf of
“Trichia” Franatovich, even though another law firm had already filed a lawsuit
on behalf of Tricia Franatovich (the correct spelling) for the same hurricane
damage.

The US District Court for Eastern Louisiana scheduled the hearing after Matthew
Monson, a New Orleans defense attorney who represents the insurer named in both
lawsuits, filed a lengthy motion accusing MMA of soliciting clients by working
with restoration contractors who walked door to door in neighborhoods damaged by
Hurricane Ida.

Two federal judges for the Western Louisiana district have sanctioned the MMA
law firm for similar duplicate filings.

Franatovich said in a Jan. 27 letter to the court that she never asked McClenny
Moseley to represent her. She said a salesman named Brandon with Apex Roofing
Co. knocked on her door last April after he spotted a blue tarp on her roof. She
said she signed paperwork authorizing the company to repair the damage after
telling Brandon that she had already hired a law firm.

Monson said in his filing that MMA uses any insurance settlement checks it
receives to pay its own fees and then sends the rest to Apex to cover its costs.
MMA drew the ire of federal judges by filing more than 1,600 hurricane claims in
the Western District of Louisiana over a four-day period last year, many of
which duplicated other filings or contained blatant fact errors.



Monson alleges the mistakes are generated by a mass marketing campaign that MMA
uses by working with an online marketing company called Velawcity, which sends
text messages to potential clients.

In a response to Monson’s pleading filed Tuesday, Huye acknowledges “it made
some mistakes in this matter as it relates to the dual representation of
plaintiff,” but also said Monson’s filing was “deliberately misleading” and is
part of a “chronic pattern of personal attacks.”

Huye included in his pleading a copy of a LinkedIn post where Monson announced
the Feb. 1 hearing and says he “expects a full courtroom.”

“Unfortunately, this is not the first time Mr. Monson has attempted to turn a
court hearing into a circus for his own person gain; and it likely will not be
his last,” the filing says.

The response does not mention Velawcity or the alleged marketing effort, but
accuses Monson of participating in a scheme to help Allied Trust Insurance Co.
dodge legitimate damage claims.

During the hearing, however, North ordered MMA to pay attorney fees to the
lawyers representing Franatovich and her insurer, Allied Trust, according to a
report by nola.com, a local news service. That would mark the second time that a
federal judge ordered MMA to pay Monson’s fees. The judge also ordered MMA to
reimburse Franatovich for any work hours she missed to attend the hearing, Nola
reported.

As the Claims Journal previously reported, two US District Court judges in the
Western Louisiana district have also ordered MMA to pay attorney fees for Allied
Trust and other insurance carriers that were forced to respond to its duplicate
lawsuits.

Top photo: Men cover a roof with tarps, Monday, Sept. 6, 2021, a week after
Hurricane Ida swept through the area. (Chris Granger/The Times-Picayune/The New
Orleans Advocate via AP)

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 * Categories: Editor's Picks, Texas / South Central NewsTopics: Apex Roofing
   Co., attorney fees, duplicate lawsuits, Hurricane Ida, McClenny Moseley and
   Associates, restoration contractor, sanctions
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