NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana granted in part a motion for summary judgment by PosiGen Inc. in a lawsuit made against it by Logan Landry, et al.
Judge Ivan Lemelle on April 4 granted PosiGen's motion for summary judgment and dismissed the federal claims made against it, but remanded the plaintiff's state claims to a state court. A motion to expedite the hearing was also granted.
Landry, the CEO of Sigora Solar, alleged PosiGen breached his previous employment contract by neglecting to grant him bonuses and award stock options he claims were promised to him. Landry also claimed PosiGen rescinded on an agreement for him to work exclusively in Houma and instead made it mandatory for him to commute into New Orleans.
Landry further alleged that the president of PosiGen, Thomas Neyhart, had committed various acts of fraud. Neyhart, Landry claimed, had filed false tax credit requests with the federal government, and also pressured Landry into selling customer lists and assets belonging to BLG Solar Solutions, the company where he was CEO prior to his employment with PosiGen, causing Landry to suffer emotional distress. The claims of fraud are considered Racketeer Influenced and Corrupt Organizations (RICO) claims and would fall under federal jurisdiction.
PosiGen denied the allegations made against it and believed it should be granted a summary judgment on the basis that Landry failed to provide evidence that substantiated the claims of fraud and breach of contract.
Landry is represented by Galen Hair, John Eric Bicknell Jr. and Sarah Mae Kalis of Varadi, Hair & Checki LLC.
PosiGen is represented by Elizabeth Roussel, Graham Halsey Williams and William Bernard Gaudet of Adams & Reese LLP.
Neyhart is represented by Roussel and Williams, and Joseph Piacun of Gennusa, Piacun & Ruli.
The U.S. District Court for the Eastern District of Louisiana Case No. is 2:17-cv-08444-ILRL-MBN.