Louisiana Record

Sunday, August 18, 2019

Court rules in favor of Mayer Yacht for a second time

Lawsuits

By Payton Kuhn | May 27, 2019


NEW ORLEANS – The U.S. District Court of the Eastern District of Louisiana has ruled in favor of Mayer Yacht to receive more than $100,000 from Donald Calloway, who was listed as a third-party defendant in a lawsuit over unpaid invoices.

Mayer Yacht had faced claims from RSDC Holdings for unpaid vessel repairs involving unpaid invoices totaling nearly $30,000 plus interest that the company had allegedly sent Calloway. Mayer Yacht was also given a favorable judgment for attorneys’ fees from the third-party defendant. Calloway filed an opposition to the court’s decision.

In a statement filed on May 14th, Judge Barry W. Ashe agreed with court’s prior decision and ruled in favor of Mayer Yacht for roughly $127,210 in attorneys’ fees and the previous unpaid invoices. Ashe disagreed with Calloway’s claim that “no fees should be awarded because Mayer Yacht did not submit its attorney-client contract or evidence that it paid its attorneys for the amounts now claimed,” citing that Calloway held no reasonable authority for most of his claims.

Calloway also disputed Mayer Yacht’s claims for interest on the unpaid invoices “because Mayer Yacht did not submit an affidavit from a financial professional" or “show how interest amounts were calculated,” which Ashe found held no merit. Ashe further discovered that the date the interest would have started to accrue works toward Calloway’s advantage.

In his concluding statements, Ashe found Calloway liable for $68,794.13 in attorneys’ fees and $58,415.40 in the amount previously awarded by the court, plus interest.

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