- Represented a minority shareholder in an appeal to reduce the amount offered in a settlement to a former partner for the buyout of ownership interests in two nursing homes as well as alleged breaches of fiduciary duties, involving six different proceedings originally pending in four different state district courts. The Fifth Circuit Court of Appeal reversed a district court judgment, reducing the payment by approximately $7,000,000, to the amount proposed by the majority shareholder. [Maison Orleans P'ship in Commendam v. Stewart, 14-341 (La. App. 5 Cir. 12/16/14); 2014 La. App. LEXIS 2983.] The Louisiana Supreme Court denied the minority shareholder's writ application. [No. 2015-C-0096, April 2, 2015.]
- Acted as primary local counsel, and lead trial attorney for Washington Group International in defense of numerous class actions and individual actions arising from mass flooding in New Orleans and St. Bernard Parish due to levee and floodwall breaches during Hurricane Katrina. After seven years of litigation and three weeks of trial, the court issued a defense verdict and a motion for summary judgment based on facts established at trial to secure dismissal with prejudice of all claims against Washington Group. [In Re: Katrina Canal Breaches Consolidated Litigation, Case No. 05-4182, E.D. La. (Duval, J.), 2013 U.S. Dist. LEXIS 53802 (E.D. La. Apr. 12, 2013); 2013 WL 1562765 (4/12/2013); 2013 U.S. Dist. LEXIS 182106 (Dec. 20, 2013)(granting summary judgment dismissing all remaining claims); 2013 WL 6834766 (12/20/2013)(same).]
- Represented two co-executors in an action against a third co-executor to secure an order, over the co-executor's objection, for the sale of commercial real estate in a day long, highly contested dispute, resulting in the sale of a parcel of commercial real estate for over $1,003,000. [Succession of Frank B. Alack, Case No. 90-20473; Civil District Court, Division L, March 21, 2014.]
- Represented an heir to reform a Testamentary Trust over the objection of the Trustee, requiring the nullification of a judgment that recognized provisions in the Trust that required reformation. [Succession of Alfred L. Lambert Sr., Case No. 723-696; Twenty-Fourth Judicial District Court, Division D, July 25, 2014.]
- Represented a major insurer in class action defense removed from state court under the Class Action Fairness Act, and then dismissed by the United States District Court on motion for summary judgment, including argument before the United States Court of Appeals for the Fifth Circuit, defending the dismissal, all arising out of the defense of regulatory approval of conversions of insurance policy forms. [Moore v. State Farm Fire & Cas. Co., 556 F.3d 264 (5th Cir. 2009)]
- Successful Injunction action in Oak Park Health Care Ctr., LLC v. Johnson, resulting in temporary restraining order and preliminary injunction, allowing the effective settlement of claims to shut down nursing homes and preserving a sale of the nursing homes rather than their shutdown. [2009 U.S. Dist. LEXIS 9878 (W.D. La. Feb. 10, 2009)]
- Represented a local land owner in a claim for fraud in the procurement of several leases with an option to purchase. After a bench trial, the court set aside the leases due to fraud and entered judgment in favor of the client for the full amount of damages plus attorneys' fees. [Nolan v. Nolan, Case No. 576-326, Twenty-Fourth Judicial District Court, Division B (Wicker, J.)]
- Represented a nursing home in defense of significant medical malpractice claims. On appeal, obtained a favorable judgment dismissing wrongful death claims and significantly reducing damages award for remaining claim. [Hendrix v. Maison Orleans I, LLC, 101 So. 3d 1013 (La. App. 4 Cir. 9/26/12)]
- Represented a major New Orleans area hospital in a significant business income loss claim arising out of orders of civil authority and ingress and egress coverages under a policy issued by a major insurance company, resulting in significant settlement at mediation. [St. Tammany Parish Hosp. Serv. Dist. No. 1 v. Travelers Prop. Cas. Co. of Am., Case No. 07-1065, United States District Court for the Eastern District of Louisiana]
- Defended a nursing home against medical malpractice claims alleging deviations from the standard of care, resulting in a resident suffering a broken hip, ulcers and eventually death. After a bench trial, the court dismissed all of the plaintiffs’ claims and found that the nursing home was not liable for the death of the resident. [Pitre vs. Maison DeVille, Inc., Case No. 139094, Thirty-Second Judicial District Court for the Parish of Terrebonne]
- Represented a major New Orleans Baptist church against its insurance company seeking to establish insurance coverage for claims made by church members and others against the pastor and trustees of the church. After trial, a Louisiana federal district court found in favor of coverage. [Crescent City Baptist Church vs. Church Mut. Ins. Co., 2006 U.S. Dist. LEXIS 82559 (E.D. La. Nov. 8, 2006); 2006 WL 3290468 (E.D. La. 11/8/2006)]
- Represented a major tobacco company in defense of a class action case alleging damages to all "non-smokers" in Louisiana due to exposure to second hand smoke. [Young v. The American Tobacco Co., Inc., Case No. 97-19984, Civil District Court for the Parish of Orleans, Division "H"]
- Represented a major insurer in a regulatory action in which the Commissioner of Insurance sought to have legislative act removing the Commissioner's ability to appeal adverse decisions of the Division of Administrative Law to be declared unconstitutional, the effect of which would have been to require the insurer to defend appeal of favorable administrative decision by the Division of Administrative Law, including successfully arguing for and achieving a Louisiana Supreme Court reversal of a 19th Judicial District Court decision declaring the statute unconstitutional. [Brown v. State Farm Fire & Cas. Co., 804 So. 2d 41 (La. App. 1 Cir. June 22, 2001); Wooley v. State Farm Fire & Cas. Ins. Co., 893 So. 2d 746 (La. App. 1 Cir. 2/10/06)]
- Asserting a major claim against a turnaround subcontractor for damages and loss of income due to plant shutdown for six months during the rebuilding of the plant necessitated by contractor misfeasance in starting a rare fire for which the fuel was stainless steel packing in a 250 foot tall column. [Chevron Phillips Chem. Co. v. Sulzer Chemtech USA, Inc., Case No. 28083, Twenty-Third Judicial District Court for the Parish of St. James, Division A]
- Obtained a favorable settlement on behalf of a waste disposal company in a class action suit involving alleged personal injuries claimed by contract employees resulting from their work at a permitted hazardous waste disposal facility in Grand Bois, Louisiana. Obtained favorable settlement, after winning forum non conveniens motion to remove case from Civil District Court in Orleans Parish to Court in Jennings, Louisiana, Jefferson Davis Parish, in a class action suit involving alleged personal and property damage injuries allegedly resulting from operations of a permitted hazardous waste disposal facility near Mermentau, Louisiana. [Broussard v. Campbell Wells Corp., Case No. 96-13393, Civil District Court for the Parish of Orleans; Case No. 96-13393, Thirty-First Judicial District Court for the Parish of Jefferson Davis]
- Defended two separate class actions, arising out of a single major chemical plant fire incident, against a chemical manufacturer, removed from state court in St. James Parish to the USDC, EDLA, 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 vs. Chevron Phillips Chem. Co. L.P., 309 F.3d 864 (5th Cir. 2002)]
Professional & Civic Activities
Professional and Civic Activities
- Christian Legal Society member, former Director, and former Treasurer.
- Lakeview Christian Center, New Orleans, Elder 1967 – present.
- American Bar Association member.
- Louisiana State Bar Association member.
- New Orleans Bar Association member.
- American Association for Justice member.
- Louisiana Association for Justice member.
Honors & Awards
Honors & Awards
- Best Lawyers in America 2007 – 2021.
- Louisiana Super Lawyers 2012 – 2019.
- New Orleans Magazine "Top Lawyer" 2012 – 2020.
- United States Supreme Court
- United States Fifth Circuit Court of Appeals
- Louisiana Federal and State Courts
Tulane University Law School, J.D., 1966
- Order of the Coif
- Member, Tulane Law Review Board of Editors, 1965-66
Texas Western College, 1964