Defending pharmaceutical manufacturers against allegations they falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs. State v. Abbott Laboratories, Inc.
Represented lessor in establishing right of access to conduct environmental testing on leased properties. American Real Estate Holdings Limited Partnership v. Entergy Louisiana, LLC.
Argued case on appeal upholding lawyer advertising rules. Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board, 632 F.3d 212 (5th Cir. 2011).
Represented oil company on appeal in reinstating take nothing judgment on claim for damage to reservoir. Hayes Fund v. Kerr-McGee Rocky Mountain, LLC, 2015 La. LEXIS 2530 (La. 2015).
Represented restaurant in post-Hurricane Katrina takings case. Sid-Mar's Restaurant v. State of Louisiana 142 So. 3d 188 (La. App. 5th Cir. 2014), 182 So. 3d 390 (La. App. 5th Cir. 2015); United States v. Sid-Mar's, 644 F.3d 270, on reh'g, 654 F.3d 521 (5th Cir. 2011).
Represented succession on appeal in upholding invalidation of business deals executed by decedent for lack of capacity, Skannal v. Bamburg, 33 So. 2d 227 (La. App. 2d Cir. 2010), and in invalidating unlawful contingency fee option, Skannal v. Jones Odom Davis & Politz, LLP, 124 So. 3d 500 (2d Cir. 2013).
Successfully defended building owner against corporate challenge to her ownership of property purchased from in company. In re: Brennan's House of Printing, Inc., 65 So. 3d 165 (La. App. 5th Cir. 2011).
Represented shareholders in corporate disputes involving claims for excess executive compensation and breach of duty. Adams v. Oil & Gas Rental Services Inc.
Defended pharmaceutical manufacturer against product liability claims raised in scores of lawsuits and against class action claims, including, for example, Ohler v. Purdue Pharma, L.P. (E.D. La.); Gibbens v. The Purdue Frederick Co. (M.D. La.); McGillivray v. P.F. Laboratories Inc. (W.D. La.).
Defended city against claims by statewide retirement funds for statutory contributions, including, for example, Louisiana Assessors Retirement Fund v. The City of New Orleans.
Represented railroad in establishing that Louisiana sales and use tax on diesel fuel was discriminatory and prohibited by federal law. Kansas City Southern Railway Co. v. Bridges, 2007 WL 977552 (W.D. La. Mar. 30, 2007).
Represented church, pastor and trustees against their director-and-officer liability insurer in establishing insurance coverage for claims made against them by church members and others. Crescent City Baptist Church v. Church Mutual Insurance Co., 2006 WL 3290468 (E.D. La. Nov. 9, 2006).
Defended chemical manufacturer against class action claims, including argument before United States Court of Appeals for the Fifth Circuit in an appeal establishing groundbreaking law for the removal of class actions brought in Louisiana. Grant v. Chevron Phillips Chemical Co., 309 F.3d 864 (5th Cir. 2002).
Defended manufacturer of wood products against class action claims, including successful removal of Louisiana class action to federal court. Miller v. Home Depot, U.S.A., Inc., 199 F. Supp. 2d 502 (W.D. La. 2001).
Defended tire manufacturer against class action claims, including successful removal to federal court. Rusck v. Cooper Tire & Rubber Co. (E.D. La.).
Defended manufacturer against environmental property damage claims. State of Louisiana v. W.R. Grace & Co.-Conn.
Defended school board in significant Establishment Clause case nearly landing in the United States Supreme Court. Freiler v. Tangipahoa Parish Board of Education, 185 F.3d 337 (5th Cir. 1999), aff'd en banc, 201 F.3d 602 (2000) (8-7 vote), cert. denied, 530 U.S. 1251 (2000) (three justices dissenting from denial of certiorari).
Represented estate of corporate executive killed in collision, establishing new law regarding a shipowner's limitation of liability in maritime claims in the Fifth Circuit. In re Tidewater, 249 F.3d 342 (5th Cir. 2001).
Represented partnership in multimillion dollar recovery on claims arising from a lease. Newport Ltd. v. Sears & Roebuck Co., 1995 WL 626188 (E.D. La. 1995).
Represented a bank in fidelity bond claim resulting in multimillion dollar recovery for intentional acts of defalcating bank officer. First National Bank of Louisville v. Lustig, 96 F.2d 1554 (5th Cir. 1995).
Represented FDIC in action against Gus Mijalis and other bank officers and directors, resulting in multimillion dollar recovery. FDIC v. Mijalis, 15 F.2d 1314 (5th Cir. 1994).
Professional & Civic Activities
Professional and Civic Activities
Mr. Ashe is a member of the American Academy of Appellate Lawyers. He is vice-chair of the Louisiana Appellate Practice Advisory Commission. He served on the Lawyers Advisory Committee, U.S. Court of Appeals for the Fifth Circuit, 2001-2007, and is a Fellow of the Louisiana Bar Foundation, charing its Education Committee. Mr. Ashe is a member of the Federal Bar Association (New Orleans chapter board member, 2003-present; Secretary, 2007-08; Treasurer, 2008-10, President-Elect, 2009-10, President, 2010-11; national Vice President for the Fifth Circuit, 2014-present), the Bar Association of the Federal Fifth Circuit Court of Appeals, the Louisiana State (past officer of the Antitrust and Trade Regulation Section) and New Orleans Bar Associations (chair, Product Liability Committee), the DRI, the Louisiana Association of Defense Counsel, and Litigation Counsel of America. He also serves on the Tulane Law Review board of Advisory Editors.
After law school, Mr. Ashe served as law clerk to the Honorable Carolyn Dineen King, Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit, 1984-85. Before law school, Mr. Ashe served as a surface warfare-qualified line officer in the United States Navy, achieving the rank of lieutenant, in stints as acting executive officer, engineering officer and deck officer of a minesweeper.
His civic involvement includes active membership of First Baptist Church of New Orleans, where he serves as President of the Trustees, Deacon (Chair, 2000), and Bible Study Ministries teacher (1987-90, 1992-present), and has served on various committees including personnel (Chair, 2002-03, 2015-16), nominating (Chair, 1999-2001, 2008-2011) and pastor search (1993-96). Mr. Ashe serves on the board of Global Maritime Ministries and has served on the board of the Christian Health Ministries Foundation.
Mr. Ashe has taught commercial litigation and constitutional law at the Loyola University School of Law as an adjunct professor.
Honors & Awards
Honors & Awards
Mr. Ashe was the recipient of the Federal Bar Association, New Orleans Chapter John R. "Jack" Martzell Professionalism Award in 2015. He has been named to The Best Lawyers in America, Louisiana Super Lawyers and Chambers USA. He has also been recognized as a Top Lawyer by New Orleans magazine.
- Thirty-Three Lawyers Named 2016 Louisiana Super Lawyers and Rising Stars; Wayne Lee Featured on the Cover12.24.2015
- Thirty-One Lawyers Named 2015 Louisiana Super Lawyers and Rising Stars; Phil Wittmann Ranked Number One for Second Year in a Row12.24.2014
- Twenty-Seven Lawyers Named 2014 Louisiana Super Lawyers and Rising Stars; Phil Wittmann Ranked Number One12.30.2013
- Phil Wittmann Receives the John R. (Jack) Martzell Professionalism Award; Barry Ashe Passes the Gavel08.31.2011
News & Events
Mr. Ashe is the author of The Fifth Circuit's War Against Religion in the Public Square, 47 Loyola Law Review 973 (2000); Incidental Demands in Louisiana Civil Pretrial Procedure (American Inns of Court Series) (1998); Comment, Disciplining Maritime Pilots: A Review of State and Federal Pilotage Regulation, 58 Tulane Law Review 1460 (1984); and Note, Admiralty – Determining LHWCA Coverage Seaward of the Water's Edge, 57 Tulane Law Review 682 (1983).
In the News
- United States Supreme Court
- United States Fifth and Eleventh Circuit Courts of Appeals
- Louisiana Federal and State Courts
Tulane University Law School, J.D., magna cum laude, 1984
- Order of the Coif
- Senior Managing Editor, Tulane Law Review, 1983-84
- Member of the Board of Editors, Tulane Law Review, 1982-83
Tulane University, summa cum laude, B.A. in Political Science, 1978
- Phi Beta Kappa
- Omicron Delta Kappa
- Recipient of the Pi Sigma Alpha Award for distinction in political science