Spring 2014 - Fowler Rodriguez

FOUR NEW PARTNERS:
Jacques DeGruy, Jacob Gardner,
Michael Harowski, and Stuart Ponder
see back cover for full story
June 2014
Serralles Secures Multimillion-Dollar License Agreements for Two Florida Hotels
Miami partner, Juan E. Serralles,
Esq., recently negotiated franchise
and licensing deals for two new South
Florida hotels to operate under known
hotel brands. Mr. Serralles has long
represented South American hotel
developers and operators who are focused
on penetrating South Florida’s market.
The most recent deals have involved
negotiating two separate license/franchise deals for
“mixed use” deals concerning his client, involving
projects with a combination of hotel rooms, condominium
units and retail facilities within the respective projects.
Mr. Serralles finalized license agreements with Holiday
Hospitality Franchising, LLC, granting permissions for his
client to operate a 140-room “Indigo Hotel” in the existing
vibrant Brickell West
area in Miami’s financial
district. The other deal
concerning the Sheraton,
LLC, also known as
‘Starwood
Hotels,’
involved finalizing a license
agreement to allow Mr.
Serralles’ client to operate
an “Aloft Hotel” in the City
of Coral Gables downtown
area, which will culminate
in
the
construction Mr. Serralles’ client’s existing “Aloft
Hotel” in Mary Brickell Village.
of a $32 million, 160room
hotel
project.
Both
hotels
have
commenced
construction.
Fowler Rodriguez Admiralty-Asbestos Team Dispatches Class Action Litigants
In 2004, approximately 824 plaintiffs filed suit in 23 multi-party
actions in Mississippi alleging that they had been exposed to
asbestos in drilling mud. The lawsuits were aimed primarily at
the manufacturers of the asbestos products, including Conoco/
Phillips and Union Carbide, as well as many distributors located
throughout Mississippi and the Gulf states. Many offshore
drilling companies were also named as defendants. Some of
Dee Flint, Todd Crawford, Julie Slocum (ENSCO), Susan
Emerson, Skip Negrotto, and Chris Schmidt.
these cases were transferred to the multi-district litigation in
Pennsylvania, but the vast majority of them settled into two
jurisdictions in State Court in Mississippi. ENSCO Offshore
Company was named a party defendant in 62 of the 700 cases.
In February 2013, over eight years later, those 62 cases
were transferred to Delos Flint and the Fowler Rodriguez
Gulfport office. Working with Todd Crawford, Chris
Schmidt and Skip Negrotto, Flint was able to evaluate
the cases. He settled one that was scheduled for trial
immediately and quickly secured dismissals of three others.
The Gulfport team then analyzed the medical data and
Flint and Crawford came up with a plan to prioritize the
claims and began taking the necessary steps to defend them
and put them in a posture for Summary Judgment or trial.
In late December 2013, Dee Flint and Todd Crawford traveled
to Houston, Texas to meet with plaintiffs’ counsel and reached
an agreement to settle the remaining 58 cases on favorable
terms. The client, ENSCO Offshore Company, was pleased
to get 62 cases that had been pending for nearly ten years
resolved and off of their books in less than one year after the
cases were transferred to Fowler Rodriguez for handling.
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Fowler Rodriguez
cases of note
Houston Office Garners Three Case Victories in Liability Defense
Houston Mall Defended
Michael W. McCoy, with
Allison Hooker, Sherry
Weaver, and others,
stepped in to defend wellknown West Oaks Mall,
essentially on the eve of
trial. The case involved a
personal injury lawsuit as a result of a certified air conditioning/
heating specialist being shocked, blown off a ladder, and
allegedly and severely injured as a result, while working on
the A/C system on behalf of a tenant at West Oaks Mall. The
case involved serious factual and legal issues, and resulted in
difficult and protracted settlement negotiations after the filing
of outstanding defense motions. One day before the final pretrial conference, and only a few days before the actual trial,
a settlement was achieved for less than the total medical lien,
and much less than the total medical incurred by the Plaintiff.
Property Damage Case Dismissed
A few weeks later, McCoy was successful in persuading
Plaintiff’s counsel to dismiss a lawsuit against an insurance
agent, who had placed a trucking policy that did not provide
for property damage insurance coverage on behalf of the cab/
tractor/trailer rigs, if such tractor/trailers were individually
owned by the driver for the trucking company. A particular
driver who had her truck stolen had sued, contending that the
agent had allegedly misrepresented such coverages. McCoy
and his team, including Allison Hooker, were successful
through discovery in demonstrating that the Plaintiff driver
had no privity with the agent, and that she could not have
properly relied on any alleged misrepresentations by the
agent, which would have thus, entitled the agent to summary
judgment and possible attorney’s fees. McCoy was successful
in getting the case dismissed without incurring large defense
costs.
Premise Liability Resolved in Favor of Houston Night Club
Very recently, McCoy and his team, including Allison Hooker,
were successful in resolving a premises liability case which
took place at a well-known nightclub in Houston. McCoy
represented the owner of the club, but not the operator.
McCoy was successful in demonstrating through documents
and through a comprehensive Motion for Summary Judgment
that the owner owed few, if any, duties to the particular patron
who was severely injured by a bouncer, employed by the
club operator, while escorting the Plaintiff out of the club.
In fact, the bouncer was charged and pled guilty to felonious
assault. However, through outstanding defense motions,
it was shown from both a factual and legal standpoint that
the owner had little or no liability, and the case settled at
mediation for essentially nuisance value, despite a contention
of mid-five figures in medical costs, and a prior demand for
the $1,000,000.00 policy limit.
West Oaks Mall in Houston, Texas.
(Image courtesy of Callison Global)
Asbestos Lawsuit Against Shipowner Clients Dismissed from La. State Court
New Orleans attorneys A.T. Chenault, Philip Brickman and
Susan Keller-Garcia recently prevailed on behalf of Apex
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Oil Company and Trinidad Corporation on an exception of
discharge in bankruptcy on behalf of a vessel owner in a Jones
Act suit in the 19th Judicial District Court for East Baton Rouge
Parish. The plaintiff alleged that he developed mesothelioma
as a result of asbestos exposure on the clients’ vessel in 1966.
Fowler Rodriguez successfully argued that the plaintiff’s claims
were discharged by the confirmation of the owner’s Chapter 11
reorganization plan by a Missouri bankruptcy court in 1990.
The court’s ruling in the client’s favor directly resulted in a
very favorable settlement of the plaintiff’s claims that was well
below the plaintiff’s earlier demands.
Fowler Rodriguez
cases of note
Oil and Gas Attorney for Colombian
National Hydrocarbon Agency
Joins Fowler Rodriguez
Dominguez Clarifies Economic Loss
Rule, Establishes Precedent in
Fla. Supreme Court
Miami
partner
Guillermo
Luis
Dominguez was featured in an article that
appeared in the official court newspaper of
South Florida. The argument he advanced
on behalf of an Ecuadorian client is now
considered accepted law in Florida.
Claudia Linares joined Fowler Rodriguez
in September 2013 as a foreign associate
practicing in areas of Energy Law,
Corporate
Law
and
International
Arbitration. Her practice is centrally
focused on issues involving Latina America
and Spain.
The article, which appeared in the front
page of the September 13, 2013, issue
of the Daily Business Review, deals with an appeal in which
Mr. Dominguez obtained reversal of the trial court’s entry
of summary judgment based in part on applicability of the
economic loss rule. This rule had been interpreted by Florida
courts as precluding tort claims where the parties have a
contract dealing with the subject of the asserted tort.
Before joining Fowler Rodriguez, she
received her LLM ( Master of Laws) from Columbia
University School of Law on a Colfuturo Scholarship. She
holds law degrees from the Universidad Javeriana School of
Law in Bogotá, Colombia and Universidad del País Vasco in
San Sebastián, Spain and is qualified in both countries. She
also holds a graduate degree in Administrative Law from
Javeriana School of Law in Bogotá, Colombia.
Mr. Dominguez argued in his appellate brief that a careful
reading of Florida Supreme Court decisions on this subject
did not bar an action for an intentional tort such as fraud,
because by its very nature, any contract resulting from
a misrepresentation could be invalidated as a nullity. A
similar argument was before the Florida Supreme Court
in an unrelated case. The Florida Supreme Court issued a
decision based on the same reasoning argued by Guillermo to
the Third District. These two decisions clarify an aspect of
law in Florida that had been the subject of conflicting court
decisions and much debate.
Ms. Linares has previous experience as a consultant and
lawyer for private and governmental entities in Colombia,
including the Office of the Comptroller General, the Ministry
of Finance and Public Credit.
In 2011, Ms. Linares was appointed as legal counsel to the
National Hydrocarbons Agency of Colombia. In 2012, as
General Coordinator for the“Bid Round Colombia 2012”,
the biyearly international tender provided by Colombia to
award oil and gas concessions, Ms. Linares drafted bid terms
and implemented bid procedures that resulted in the award
of 49 concessions to internationally recognized oil and gas
companies.
On another topic, Guillermo obtained a very favorable decision
in an administrative proceeding by the U.S. Department of
Agriculture. The dispute involved reparation claims by both
litigants under the Perishable Agricultural Commodities
Act, 1930 (PACA). PACA is a federal law that regulates
international and interstate commerce of fresh produce. The
decision from the Office of the Secretary of Agriculture dated
August 9, 2013, adopts every argument advanced by Mr.
Dominguez in the principal claim and rejects every one made
by his opponent in its defenses and counterclaim.
These concessions resulted in more than $2.5 billion dollars
in foreign and domestic investment for the country. With this
unique background, Claudia is able to carefully guide her
clients in advancing their interests in the oil and gas industry
in Colombia. She has assisted many foreign companies
in organizing, protecting and promoting their businesses
interests in Colombia.
In addition, Claudia has significant experience in corporate
matters, contract drafting and various transactional matters
involving Latin America.
As a board member with the Hispanic Chamber of Commerce
of New Orleans Ms. Linares works to promote economic
growth between Latin American and the U.S. as well as
outreach programs to provide bilingual workforce training.
Ms. Linares is a native Spanish speaker and is proficient in
French.
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Fowler Rodriguez
cases of note
Platform Worker’s Motion to Remand Maritime Claims to State Court Defeated;
Client Able to Litigate in its Forum of Choice
Relying on 2011 changes
in the removal statute,
Fowler
Rodriguez
attorneys Edward F.
LeBreton, III and Allison
M. Hooker recently
defeated a plaintiff’s
motion to remand his
general maritime claims
to Louisiana state court. Landerman v. Tarpon Operating and
Development, C.A. No. 14-381 (E.D. La. May 1, 2014).
Plaintiff argued that the Savings to Suitors Clause gave him
the right to proceed in state court. Federal district courts shall
have original jurisdiction over admiralty and maritime cases,
“saving to suitors in all cases all other remedies to which
they are otherwise entitled.” 28 U.S.C. §1333(1). However,
the Savings to Suitors clause does not guarantee the plaintiff
a non-federal forum; it only preserves his right to pursue
common law remedies.
The reason admiralty claims historically were not removable
is that the removal statute, 28 U.S.C. §1441, was limited to
claims that arose under the Constitution, treaties, and laws of
the United States; these did not include admiralty claims. The
2011 changes to the removal statute now require only that the
federal court have original jurisdiction over the claims; these
do include admiralty claims.
Plaintiff also argued that his suit could not be removed because
he included a claim under the Jones Act, and by statute, Jones
Act claims are not removable. In order to avoid remand of the
entire case, it was necessary to show that the Jones Act claim
could be severed and separately remanded to state court.
The authority to sever and remand non-removable claims is
28 U.S.C. §1441(c). Another recent case had denied removal
because §1441(c) still requires that the case arise under the
Constitution, treaties, and laws of the United States. In order
to satisfy §1441(c), it was necessary to show that the federal
court also had original jurisdiction under another statute.
LeBreton and Hooker argued that the court also had original
jurisdiction under the Outer Continental Shelf Lands Act.
OCSLA declares that “the subsoil and seabed of the Outer
Continental Shelf appertain to the United States and are
subject to its jurisdiction, control, and power of disposition....”
OCSLA not only provides what law is applicable to the OCS,
it also grants federal courts jurisdiction over disputes that
occur there.
The jurisdictional grant is very broad, and confers federal
jurisdiction when the accident arose out of or in connection
with the defendant’s operation on the OCS. LeBreton and
Hooker arranged for an affidavit from their client that the
plaintiff’s employment furthered mineral development on
the OCS and cited authority that the plaintiff’s location in a
personnel basket was an OCS situs because it was attached to
the platform.
Because the federal court also had original jurisdiction under
OCSLA, a statute of the Untied States, §1441(c) applied.
Plaintiff’s Jones Act claim could be severed and remanded,
and Plaintiff’s other claims remained in federal court.
Landerman and other similar recent decisions will particularly
benefit maritime defendants in cases in which they have been
sued in unfriendly state forums.
Felony Immigration Charges Reduced to Misdemeanor for Restaurant Owner
On the eve of a federal criminal jury trial,
federal prosecutors agreed to drop a felony
indictment against a Louisiana restaurant
entrepreneur, represented by New Orleans
partner Peter M. Thomson. The U.S.
Justice Department reduced the two
felony charges to misdemeanors involving
the employment of undocumented workers
in two restaurants.
The client had been indicted by a federal grand jury on two
felony offenses: harboring illegal aliens and conspiracy to
harbor illegal aliens. The illegal aliens at issue allegedly had
been employees, between 2007 and 2012, of a restaurant owned
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and managed by the client. According to the government,
the client had provided housing and other benefits to the
undocumented workers, including transportation and free
food. Two weeks prior to the trial, immigration agents raided
a second restaurant owned by the client and arrested more
undocumented workers.
The reduction of a felony offense to a misdemeanor is an
extraordinarily rare event in a federal criminal prosecution,
particularly once an indictment has been returned, not to
mention on the eve of a jury trial. The success Mr. Thomson
achieved in this case is due primarily to an aggressive defense
strategy that significantly restricted the government’s trial
evidence.
Fowler Rodriguez
findings
Recent Texas Supreme Court Rulings Continue to Favor Policyholders
by Allison M. Hooker
In two recent decisions, both of which arise out of construction defect claims, the Texas Supreme Court has continued its trend
of policyholder friendly decisions. In August of last year, the Court’s ruling in Lennar Corp. v. Markel American Ins. Co., 56 Tex. Sup.
J. 893 (2013) seemingly further strengthened the prejudice requirement. More recently in Ewing Construction Co., Inc. v. Amerisure
Ins. Co., 57 Tex. Sup. J. 195 (2014), the Court confirmed the limited applicability of the Contractual Liability Exclusion found in
most general liability policy forms.
Lennar Corp. v. Markel American Ins. Co.
Like many states, Texas requires an insurer to show prejudice
before it can deny coverage based on an insured’s failure to
comply with a policy’s terms. On August 23, 2013, the Texas
Supreme Court issued its ruling in Lennar Corp. v. Markel American
Ins. Co., confirming that an insurer must show prejudice in order
to deny coverage under the terms of a policy, even where the
policyholder has obviously failed to comply with the policy’s
terms. This is the latest ruling in the decade old coverage
litigation between homebuilder Lennar and its insurers arising
out of the use of a stucco alternative known as an exterior
insulation and finish system (“EIFS”).
Ewing Construction Co., Inc. v. Amerisure Ins. Co.
In Ewing Construction Co., Inc. v. Amerisure Ins. Co., the Court
considered whether an insured’s liability for construction
defects was excluded by the Contractual Liability Exclusion
contained in the insured’s CGL policy.
In 2008, Ewing Construction entered into a contract with
the Tuluso-Midway Independent School District to serve
as the general contractor for the renovation and expansion
of a school campus in Corpus Christi, Texas. The project
included the construction of new tennis courts at the school.
The contract called for Ewing Construction to perform in a
good and workmanlike manner, but included no more specific
provisions. After completion, the school district complained
that the courts were unusable for their intended purpose and
filed suit.
Markel argued that Lennar’s EIFS remediation program violated
the voluntary payments/consent-to-settlement clause found in
Condition E of the policy. Markel argued that it was prejudiced
by Lennar’s remediation program because Lennar contacted
and remediated homes for homeowners who never would have
made a claim. The jury rejected this argument and found that
Markel had not been prejudiced by the EIFS remediation
program. The Court noted that on the record presented this
was a question of fact not of law, and was reviewed under the
clearly erroneous standard.
Amerisure denied coverage for the school district’s breach
of contract and negligence suit on the basis of several
exclusions including the Contractual Liability Exclusion.
Ewing Construction subsequently filed suit in U.S. District
Court for the Southern District of Texas. Amerisure moved
for summary judgment arguing the Contractual Liability
Exclusion precluded coverage under the policy. The district
court granted Amerisure’s motion, and Ewing Construction
appealed. The Fifth Circuit certified two questions to the Texas
Supreme Court, but the Court only reached the question of
whether a general contractor that enters into a contract that
requires it to perform “in a good and workmanlike manner
without more specific provisions enlarging this obligation,
‘assumes liability’ for damages arising out of the contractor’s
defective work so as to trigger the Contractual Liability
Exclusion.”
The Court also rejected Markel’s argument that the voluntary
payments/consent-to-settlement clause found expression in the
Loss Establishment Provision of the policy’s insuring agreement.
Markel argued that it could insist on strict compliance with
this portion of the policy without the need to show prejudice
because its “unmistakable language” and purpose in preventing
insured from unilaterally determining loss make clear that any
breach is material. According to the Court, the language in the
Loss Establishment Provision is no clearer than Condition E
and its purpose in precluding an insurer from being liable for an
insured’s voluntary, but unconsented to, settlement was exactly
the same. As a consequence, the Loss Establishment Provision
is no more central to coverage than Condition E, and Markel
must show prejudice.
The Court held that a contractor who contractually agrees to
perform in a good and workmanlike manner without more
does not assume liability that exceeds the liability it would
have under the common law. The school district’s allegations
that Ewing Construction failed to perform in a good and
workmanlike manner were the same as its allegations that the
contractor negligently performed its contractual obligations;
both were based on the same factual allegations and alleged
misconduct. Consequently, since the contractor had assumed
no greater liability, the Contractual Liability Exclusion did
not apply.
The Court held that Lennar’s settlements with the affected
homeowners established both its legal liability, and the basis
for determining the amount of loss. Lennar’s remediation costs
for the damaged homes were covered under Markel’s policy.
Further, Markel could not prorate the losses to only that portion
of each loss occurring during its policy period.
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Fowler Rodriguez
findings
Validity and Enforcement of Jones Act Seaman Releases
by Timothy Strickland
The Eastern District of Louisiana recently
handed down a decision concerning Double
J. Marine, LLC v. Mathew Nuber, C.A. No. 135825 (E.D. La. Dec. 11, 2013), in which the
Court refused to enforce a release signed
by a seaman that was not represented
by counsel and may not have received
adequate medical advice. As set forth
below, this recent decision provides further
confirmation that courts will strictly scrutinize releases that
are entered into between employers and seaman, in order to
zealously protect the seaman’s rights as wards of the admiralty
court.
The Court ultimately denied the employer’s summary judgment
seeking to declare that the executed release was valid. In
doing so, the Court held that Double J had failed to meet
its burden to establish that Nuber signed the release freely,
without deception or coercion, and with a full understanding
of his rights. Particularly, the Court noted that Nuber did
not undergo any diagnostic testing at the hospital and the
emergency room physicians did not refer him to a specialist.
The Court also considered that Nuber only had a 10th grade
education and was not represented by counsel at the time he
executed the release. Thus, based on the combination of these
factors, the Court determined that Nuber may not have been
informed or understood his rights in the nature of the legal and
medical advice available to him.
In Double J, a seaman, Mathew Nuber, injured his back on
March 8, 2013 while working as a deckhand aboard a vessel
for his employer, Double J. Marine. That day, Nuber was
treated at an emergency room where he was diagnosed by an
emergency room physician with a pulled muscle. The physician
advised that he was unable to return to work and directed him
to return in a week for a follow-up visit. On March 19, 2013,
Nuber returned for his follow-up visit and a second emergency
room physician determined that he was able to return to his
normal duties and discharged him. Later that day, Nuber
executed a Receipt, Release and Hold Harmless Agreement
relinquishing all of his claims against Double J. Marine in
connection with the March 8, 2013 incident in exchange for
$530, as well as a payment of $330 in past benefits he received.
Prior to signing the release, he met with a claims adjuster who
explained the terms of the release to him and Nuber indicated
that he understood and agreed to those terms.
In conclusion, any settlement agreements and releases
entered into with seaman, particularly those unrepresented
by counsel and without being treated by a specialist or any
diagnostic testing, will be strictly scrutinized by a Court, that
is particularly vigilant in ensuring that the seaman has an
informed understanding of his rights and a full appreciation of
the consequences in executing the release.
Subsequently, Nuber went back to work and about a month
later began experiencing back pain. Double J Marine offered
for him to be examined by an orthopedist. Nuber was examined
by an orthopedist and an MRI was conducted. Nuber was
diagnosed with herniated discs and surgery was recommended
as a result of the March 8, 2013 incident. Accordingly, Nuber
made a demand for maintenance and cure benefits from his
employer, notwithstanding the release previously executed.
Double J Marine filed a complaint for declaratory judgment
seeking a determination of its obligations regarding payment
of maintenance and cure benefits. Additionally, Nuber filed
a seaman’s complaint against Double J Marine alleging
negligence and unseaworthiness and seeking maintenance and
cure benefits. Double J Marine moved for summary judgment
to declare the previously executed Receipt, Release and Hold
Harmless Agreement valid and enforceable.
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Fowler Rodriguez
findings
Louisiana Supreme Court Has Tilted the Playing Field Against Insurers
by Mat M. Gray, III
The Louisiana Direct Action Statute has
since October 13, 2010, provided, in part,
that an injured person has the right of direct
action against the insurer within the terms
and limits of the policy and such action may
be brought against the insurer alone, or
against both the insured and insurer jointly
and in solido. However, the action may be
brought against the insurer alone only if
one of six conditions are met: (1) the insured is bankrupt; (2)
the insured is insolvent; (3) the service of citation of process
cannot be made; (4) the cause of action for damages is a
result of an quasi offense between children and their parents
or married persons; (5) the insured is an uninsured motorist/
carrier; or (6) the insured is deceased.
insurer. The Louisiana state district court denied Hartford’s
motions; however, the Court of Appeals reversed the lower
court, dismissing the suit on the basis of the legislative intent
that the 2010 Amendment of the statute would be defeated if
a plaintiff could circumvent the statute’s requirement simply
by filing the suit against the insurer and insured and, later,
dismissing the insured.
The Louisiana Supreme Court granted a writ. It reversed the
judgment in favor of Hartford. Hartford argued that “brought”
in the Direct Action Statute should be construed to mean such
action shall be filed, maintained and continued against both
the insured and insurer, unless one of the six enumerated
circumstances is present. Plaintiff claimed that brought means
when a suit is filed. Thereafter, the insured may be dismissed.
The Court reviewed the wording of the statute, particularly the
following wording: “such action may be brought against the
insurer alone, or against both the insured and insurer jointly
and in solido,” and “such action may be brought against the
insurer alone only” when the six conditions detailed therein are
met. (Court emphasis)
In Soileau v. Smith True Value and Rental, 2013 La. LEXIS
1536 (2013), the Louisiana Supreme Court addressed an
unprecedented set of facts. Plaintiff sued the insured and its
liability insurer, Hartford. A “high-low” settlement agreement
was entered with the insured and Hartford. Plaintiff agreed
not to seek or execute any portion of a judgment rendered
against the settling defendants in excess of $2,500,000. The
agreement contained no provision that the defendant insured
would be released from liability or dismissed from the suit.
Plaintiff reserved all rights to proceed against all defendants,
including the defendants in the agreement, and the insurer
reserved all defenses under its policy. Louisiana law governed
the agreement.
Also, the Court considered the Civil Law and Procedure
Committee minutes. When the bill(statute) was proposed, its
sponsor stated: “this bill just provides that you must include
the tortfeasor’s name when you file a suit.” The Committee
notes also provided: “the purpose of the bill is to permit the
trier of facts to see that there are two human beings involved,
a plaintiff and an insured defendant, rather than just a victim
and a company.”
During the trial, plaintiff’s counsel was allowed to introduce
the insurance policy but not the limits. Plaintiff’s counsel
moved to dismiss the insured, leaving only the insurer as a
defendant. The insurer did not object to the dismissal, which
the court granted.
The Supreme Court held that the legislature could have
specifically stated that the plaintiff must proceed against
both the insured and insurer as defendants throughout the
litigation. It did not do so. The Court based its decision on the
intent of the Agreement and the cited wording of the statute.
It held that the plaintiff only needs to name the insured at the
inception of the lawsuit and may dismiss the insured thereafter.
Unfortunately, the decision does not remedy the potential
prejudice to the insurer sought to be addressed by the statute,
and it is not limited to the facts before the court.
Thereafter, Hartford moved for a directed verdict based
on the policy language that obligated Hartford to pay only
“those sums that the insured becomes legally obligated to pay
as damages.” Hartford filed an exception no right of action
under the Direct Action Statute, asserting that dismissal of its
insured terminated the action against Hartford as none of the
six conditions were met to proceed against the insurer above.
Hartford argued that it was prejudiced to have only the insurer
as a defendant, which violated the terms of the Direct Action
Statute. Plaintiff contended the Agreement was designed to
release the insureds personally, but to reserve rights against the
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Fowler Rodriguez
new hires
Dawn Hartman
Paralegal, New Orleans
Dawn Hartman recently joined Fowler Rodriguez as a Paralegal in the New Orleans office. She holds a degree
in Paralegal Studies from Tulane University with a minor in Journalism and an ABA-approved Certificate.
She has over 20 years of experience in defense litigation. Dawn was born and raised in New Orleans.
Michelle Herrera
Paralegal, New Orleans
Michelle Herrera has joined the New Orleans office as a Paralegal. She holds a B.A. in Paralegal Studies
from Florida International University in addition to an ABA-approved Certificate, and has over ten years of
experience in commercial litigation. Born in New Orleans and raised in Guatemala, she speaks English and
Spanish fluently.
Fowler Rodriguez
speaks out
ACI 3rd Annual Forum on Admiralty &
Maritime Claims & Litigation
Phil Brickman spoke at the American
Conference Institute’s (ACI) 3rd Annual
Forum on Admiralty & Maritime Claims &
Litigation, hosted February 27 through the 28
in Houston. His session, titled “Personal Injury
and Wrongful Death Claims: Defending and
Managing New and Emerging Claims Including
Negligent Infliction of Emotional Distress, Negligence Per
Se, Physical Stress, Duty to Warn, and More,” was included
on a panel concerning “Recent Developments in the Law of
Seamen.”
Lloyd’s Maritime Academy Seminar
on International Time & Voyage
Charterparties
Phil Brickman and Skipper Chenault were instructors at
Lloyd’s Maritime Academy’s Seminar on International Time
& Voyage Charterparties in Miami.
Phil spoke on shipowner/charterer’s rights and cargo claims
under time and voyage charterparties and Skipper spoke on
off-hire clauses in time & voyage charterparties.
Phil Brickman and
Skipper Chenault.
Cooper Scully Annual Insurance
Seminar & Webinar
Mike McCoy spoke at two major seminars on
the topic of insurance law. At the Cooper Scully
Annual Insurance Seminar in Dallas on March
28, McCoy spoke on “Professional Liability
Insurance Policies” to over 500 insurance
professionals. Second was a national webinar
on April 23 where he was one of two speakers,
for which he prepared: “Policyholder’s Duty to
CoOperate: Are There Limits and What Are the Effects?”
Celistics: “What the Future Holds for
the Next Tech Hub of the Americas”
On December 13, 2013, Frank Sexton and J.P.
Gueits attended a panel discussion, “What the
Future Holds for the Next Tech Hub of the
Americas,” sponsored by Celistics, a firm client
and the largest logistical coordinator for the
movement of cell phones in the world.
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Promoting Diversity in
Youth Programming:
the Boy Scouts of America
George Fowler is on the Board of Directors
for the Boy Scouts of America and is working
to introduce and to integrate Hispanic children
into the organization that teaches mentorship,
camaraderie and leadership to encourage
positive role models in the Hispanic community.
Fowler Rodriguez
speaks out
George Fowler’s Book Featured:
My Cuba Libre: Bringing Fidel Castro to Justice
George Fowler released My Cuba Libre: Bringing Fidel Castro to
Justice amidst praise from family, friends, and fellow advocates
for Cuba. He has since participated in numerous speaking
engagements, including a television appearance on Fox News
Latino with Dr. Manny, a guest lecture at the Institute for
Cuban and Cuban-American Studies at the University of
Miami, and a presentation before the Faulkner Society of New
Orleans, in addition to interviews with Stephanie Renée on
“Wake Up With WURD,” Steve Mortensen with Vumanity,
and Radio Marti. The book received a favorable review from
author James Farwell in The Huffington Post. Mr. Fowler also
wrote an opinion-editorial for Fox News titled “January 1,
2014 - 55 years after Castro’s reign of terror began, 3 brave
dissidents gave me hope,” lauding the efforts of activists Berta
Soler, Yoani Sanchez, and Guillermo Fariñas.
Mr. Fowler at Books & Books in Coral Gables, Florida, signing
copies of My Cuba Libre.
Mr. Fowler addresses the audience at the Hotel Monteleone, reading
excerpts from his book and explaining his cause for democracy in
Cuba before the Faulkner Society of New Orleans.
Fowler Rodriguez attorneys Bret LeBreton, Lyle Schilling, L.J.
Schilling, George Fowler, IV (Fowler Development, LLC), and
Norm Sullivan at the Hotel Monteleone.
Alberto deJongh, Faustino Dalmau, Raul Bencomo, Dr. Phil
Mollere, Helen Flammer, Cristina Fowler, and Stephen Chauvin at
the Hotel Monteleone.
9
Fowler Rodriguez
attorneys around town
Gulfport Estate Planning Practice
Kinder Morgan
Andy Brown, David Nevada (Kinder Morgan), and Tim Strickland
(Fowler Rodriguez) investigated a dock damage incident in which a
barge collided with the Kinder Morgan barge dock in Galena Park,
TX.
John Garner assisted Ashton Grayson, one of the Gulf Coast’s
eldest World War II veterans, in estate planning, tax issues, and
estate management. Mr. Grayson recently turned 90 years old
after serving in the US Navy on the USS ALGORAB (KA-8) first
during the North Africa campaign in 1942 and later in 1943 when
he was transferred to assist with operations at Guadalcanal in the
South Pacific.
Gallagher Bassett
at the Pelicans game
Louisiana Bar Foundation
Dee Flint (Fowler Rodriguez) and Vicky Dickerson (Gallagher
Bassett) enjoyed the Pelicans game during the Loyola Longshore
Conference.
Armed Forces Day Luncheon
Susan Keller-Garcia, Michael Harowski, Antonio J. Rodriguez,
and A.T. “Skipper” Chenault attended the Annual Louisiana Bar
Foundation Gala during April 2014. Toney Rodriguez has been
designated a “Fellow” for his active involvement in the organization
for over 25 years. The Foundation’s mission is to preserve and
improve the justice system by funding, developing or otherwise
promoting efforts which enhance the legal profession, increase public
understanding of the legal system and advance the reality of equal
justice for diverse groups under the law. One of the Foundation’s
primary objectives is to assure that every person in Louisiana has
reasonable access to the justice system regardless of economic status.
10
Michael Harowski, Lyle Schilling, Susan Keller-Garcia, Antonio J.
Rodriguez, Philip Powell and Luis Llamas at the Armed Forces Day 2014
Luncheon. As a Corporate Star Sponsor of the annual event, the firm joined
the Navy League of the United States, Greater New Orleans Council in
honoring members of the armed forces serving in the area. Mr. Rodriguez
serves as a member of the Board of Directors of the Navy League, New
Orleans Council, and has done so for many years.
Fowler Rodriguez
attorneys around town
Carnival Corporation:
Carnival Sunshine
vessel christening in New Orleans
Antonio Rodriguez, George Fowler, Giora Israel (Senior V-P,
Carnival Corp.), Arnold Donald (CEO/President, Carnival
Corp.), and Arnaldo Perez (General Counsel, Carnival Corp.)
attended the naming ceremony of the Carnival Sunshine in
New Orleans.
Antonio Rodriguez, Giora Israel (Senior V-P, Carnival Corp.),
George Fowler, Carmen Perez, Cristina Fowler, Arnaldo Perez
(General Counsel, Carnival Corp.), and Virginia Rodriguez.
Turn Services:
M/V OWAR
vessel christening in New Orleans
Tidewater:
M/V Miss Marilene Tide
vessel christening in Houston
Luis Llamas (Fowler Rodriguez) attended the christening of
Turn Services’ vessel, M/V OWAR.
Fowler Rodriguez attorneys participated in the christening
of Tidewater’s new vessel, the M/V Miss Marilene Tide, in
Houston. This vessel was named after Marilene Taylor, wife
of Dean Taylor.
11
Fowler Rodriguez
attorneys around town
Houston Marine Insurance Seminar:
Fowler Rodriguez Annual Party
Guillermo Hernandez and Avery Munson of Mammoet
Salvage.
Tim Strickland (Fowler Rodriguez) with Kevin Pipkins
(Pipkins Investigations).
Tulane University Law School:
Hall of Fame Alumni Luncheon
Fowler Rodriguez attorneys from the New Orleans office
attended the luncheon, including Claudia Linares, Susan
Keller-Garcia, Bret LeBreton, his mother, and Cristi Fowler
Chauvin.
Bret LeBreton (Fowler Rodriguez) spoke at the event,
alongside his mother, who is a Tulane alumna.
12
Fowler Rodriguez
attorneys around town
State of the Port Address
The ProsperityNOLA Project
Fowler Rodriguez attorneys Jacob Gardner, Susan KellerGarcia, Rusty Barkerding (Admiralty Security Services,
Board of Commissioners - Port of New Orleans) Mat Gray,
Bret LeBreton, Christian Sauce, and Claudia Linares attended
the 2013 State of the Port Address.
The firm supports the New Orleans Business Alliance (NOLABA),
an organization working to unite the city’s diverse community to
develop job growth and stimulate the economy. The NOLABA
seeks to create a more diverse professional business community in
New Orleans, of which the ProsperityNOLA Project is a part. Cristi
Fowler Chauvin (Fowler Rodriguez) chairs the Transportation,
Trade & Logistics portion of the project. Their task is to study,
identify issues and create plan for a more synthesized Gulf Coast.
Hispanic Chamber of Commerce Luncheon
Houston-Yankees Game
Fowler Rodriguez attorneys Jose Cruz, Michael Broussard,
Michelle Herrera, Lluis Llamas, Susan Keller-Garcia,
Thelma Ceballos-Meyers (President), Claudia Linares, Rosa
Rodriguez, and Mayra Pineda (Past President/Executive
Director). The HCCL’s mission is to foster the continued
economic growth, development and promotion of Hispanic
businesses in Louisiana.
Joe O’Connor with Dee Flint (Fowler Rodriguez), Bill
Gordon, and Katherine Bentley at the Houston-Yankees
baseball game.
13
Fowler Rodriguez
around the world
Dutch Salvage Expert Assists in
Arbitration in New York
The Olympic Games in Sochi
Hans van Rooij (Global Marine Solutions BV), internationally
recognized marine salvage expert and former director of
Greenpeace, with Tim Strickland (Fowler Rodriguez) in New
York.
Stacey Norstrud (Fowler Rodriguez) supported Team USA
at the Olympics in Sochi. She has had the opportunity to
attend over 50 different winter and summer sporting events
and venues.
Rodeo in Houston
Lloyd & Partners in London
Fowler Rodriguez attorneys Dee Flint and Tim Strickland
sampled Texan delicacies from the Stockyard Saloon booth
with Sherry Sullivan and Julie Slocum (ENSCO) at the
Houston Livestock Show and Rodeo World Championship
Barbecue Cook-Off.
14
Dee Flint (Fowler Rodriguez) visited with Eddie Cave, Steve
Bertenshaw, and Simon Hirst-Marsden (Lloyd & Partners
Limited) in London.
Fowler Rodriguez
around the world
The 29th Annual Casa de Campo Sugar Golf Tournament in the Dominican Republic
benefitting the children of MIR
On April 9th George Fowler played in the 29th Annual Casa de Campo Sugar Golf Tournament. Over 200 golfers played to raise money
for the Fundación Misión Internacional Rescate, “MIR” Charities. In 1988, after a pilgrimage to Bosnia, Lian Fanjul de Azqueta, founded
MIR with a small food distribution service of packed bags of food out of her mother’s garage. Later that same year, her brother Alfonso
Fanjul (President/CEO, Central Romana
Corporation), won the Sugar Golf
Tournament and donated his winnings
to his sister for educational programs in
the Dominican Republic. Together with
Emilia and Jose “Pepe” Fanjul, among
others, they began hosting the annual
fundraiser. With the support of countless
private citizens and major companies
around the world, MIR has assisted tens
of thousands of children escape poverty
by identifying and addressing needs
with targeted services. MIR provides a
Jerry Carlise, George Fowler (Fowler Rodriguez), Cristina Fowler, Juan Guitierrez (Northeast Remsco
home, medical assistance, education and
Construction, Inc.; Caldwell Marine International, LLC), Cristi Chauvin (Fowler Rodriguez), Christian
Chauvin (Bowen, Miclette & Britt Insurance Agency, LLC), and Jose Suquet (Pan-American Life
technical preparation for youth in need.
Insurance Group).
Eduardo Aguirre, Jr. (Former U.S. Ambassador to Spain), Christian
Chauvin, Aldo Rodriguez, George Fowler, and Cristina Fowler.
George Fowler, Marta & Juan Gutierrez, Mr. and Mrs. Roberto Mercade,
and Mariana and Guillermo Quirch (Quirch Foods).
ABA TIPS Spring Leadership Meeting in Boca Raton
The ABA Tort, Trial, & Insurance Practice Section (TIPS) Spring
Leadership Meeting was held in Boca Raton, FL. The firm was a
sponsor of the entire TIPS meeting, including the featured CLE
program, titled “Experts in the Sunshine State: Universal Issues in
the Context of Resort, Tourism, and Cruise Line Cases.”
Phil Brickman (Fowler Rodriguez) is a Vice Chairman of the
Admiralty and Maritime Law Committee (AMLC).
15
Fowler Rodriguez
community outreach
Marquette Transportation Company:
annual barbecue and picnic
John Scialdone at the head of the serving line.
John Scialdone’s mega barbecue pit, with a grilling capacity
heretofore unknown to grill masters.
John Garner presents his prime rib.
Chris Schmidt was thrilled to be sizzling up some ribs.
New Orleans Bar Association
2013 Bar & Grille
Metropolitan Crime Commission
Fowler Rodriguez attorneys Michael Harowski, Susan
Keller-Garcia, Claudia Linares, and Eugene Preaus went
head-to-head with area attorneys in a cook-off held at City
Park, taking second place in the “Most Creative” category for
their ceviche dish. Proceeds from the event benefit the nonprofit Southeast Louisiana Legal Services, a law firm founded
to provide free legal assistance to low-income persons in civil
cases.
Fowler Rodriguez attorneys Susan Keller-Garcia, Mat
Gray, Chris Schmidt, Michael Thompson, Daniel Lichtl,
George Fowler (MCC Board Member), and Eugene Preaus
participated in the Metropolitan Crime Commission.
16
Fowler Rodriguez
community outreach
New Orleans Heart Walk
Race Judicata,
Benefitting Boys Hope Girls Hope
Fowler Rodriguez attorneys Susan Keller-Garcia (with her
two girls) and Claudia Linares attended the 2013 Heart Walk
in New Orleans in November at Lasalle Park.
Fowler Rodriguez assembled a solid team for the Race
Judicata in Audubon Park, a 5K run/walk benefitting Boys
Hope Girls Hope.
Houston Little League Baseball
March of Dimes with
“Chopped” Champion Matt Murphy
Ashley Rayborn, celebrity chef and champion of the TV show,
Chopped, Matt Murphy, Cristi Fowler Chauvin (Fowler
Rodriguez), Joel Rayborn (Mudmasters), Christian Chauvin
(Bowen McClett and Britt Insurance), and Leander Perez,
IV.
Fowler Rodriguez sponsored the Houston-area little league
baseball team, including Tim Strickland’s (Fowler Rodriguez)
son, Evan.
17
Fowler Rodriguez
community outreach
Noche de Tango
The New Orleans Hispanic Heritage Foundation’s 24th Annual Azucar Ball:
The goal of the New Orleans Hispanic Heritage Foundation (NOHHF) is to provide Hispanic students with funding to go to
school. Martine Chaisson, Kelly Theard, and Amy Dye chaired the Azucar Ball: Noche de Tango on November 16, 2013 at the
Sugar Mill in New Orleans. Channeling the golden age of tango, the 24th annual Azucar Ball featured live tango performances
and cuisine and cocktails inspired by Buenos Aires, Argentina. Musical duo Julio and Cesar entertained guests amidst an
outdoor cigar lounge, scotch and whiskey bar, cuisine from the city’s top-rated restaurants, and a silent auction featuring art,
jewelry and more courtesy of generous local vendors and NOHFF sponsors.
George Fowler, Founding Member and President of NOHHF,
presents Dr. Nicholas Bazan with the Galvez Cup.
Mayor Mitch Landrieu with Dr. Haydee Bazan and Galvez Cup
honoree Dr. Nicholas Bazan.
Jerry Carlisle, Norm Sullivan (Fowler Rodriguez), and Libby &
Dee Flint (Fowler Rodriguez).
Nell Nolan, Cristi Fowler Chauvin (Fowler Rodriguez), Blanca
Rosa Maldonado, Kelly Theard (event co-chair), and Victoria
Baudier.
Arnaldo Perez (General Counsel, Carnival Corporation) with his
wife, Carmen.
The Pan-American Life Insurance Group is a major sponsor of the
Azucar Ball.
18
Fowler Rodriguez
community outreach
George Fowler, Recipient of the 56th Annual Weiss Award
The New Orleans Council for Community and Justice Honors
for his promotion of respect and understanding among all races, religions, and cultures
George Fowler received the Weiss Award, which is given annually to recognize an individual’s dedication to promoting respect
and understanding among all races, religions and cultures. The firm supports the New Orleans Council for Community and
Justice (NOCCJ, also known as the National Conference of Christians and Jews), which is a human relations organization
dedicated to promoting understanding and respect among all races, religions and cultures through advocacy, conflict resolution
and education. The NOCCJ’s programs focus on providing leadership development and training to adolescents so they can
affect change in their respective communities. Jose Suquet (Pan American Life Insurance Group), served as Event Chair and
Cristi Fowler Chauvin (Fowler Rodriguez) and Mullady Voelker (Gifted Nurses) served as committee co-chairs at the awards
ceremony.
Honorees included James Meza, Jr., Ed. D. (Superintendent, Jefferson Parish Public School System), Anne Milling (Founder), who
accepted an award on behalf of Women of the Storm, Alvin L. Richard, Jr. (Founder/CEO, Richard’s Disposal), Barbara Crain Major
(community activist), Ruthie Frierson (Founder/Chairman), who accepted an award on behalf of Citizens for 1 Greater New Orleans,
Stephen Michael “Steve” Gleason (former New Orleans Saints player and community activist for ALS), John D. Georges (CEO, Georges
Enterprises), George Fowler, III (Founding Partner, Fowler Rodriguez), Carol G. Asher, (community activist, Asher Consulting, LLC), and
William Henry Shane, Jr. (President, Favrot & Shane Companies, Inc.).
Weiss Award recipient George Fowler with daughter and co-chair
Cristi Fowler Chauvin and event chair José Suquet.
19
Cristi Fowler Chauvin awards former Saints player Steve Gleason
his Weiss Award for his service to ALS with her co-chair Mullady
Voelker.
Fowler Rodriguez
spotlight
Matt Crittenden
Sherry Weaver
Associate, Gulfport
Paralegal, Houston
Do you have a nickname?
I generally go by Matt but some people call me Critt.
How long have you been practicing with this group and
which office/s?
I started full time in June of 2013 in the Gulfport office but
also clerked during the summers of 2010 and 2011.
Where were you born and where did you grow up?
I was born in Bay Saint Louis, Mississippi; I lived in Bay
Saint Louis and later moved to Kiln, Mississippi. I grew up in
a distinctly rural setting; my parents owned a small farm with
cows and horses in Kiln It was so rural that in my early years,
I even placed third in youth goat tying at the American Paint
Horse Association’s world show.
What do you enjoy doing in your spare time?
I enjoy spending time with my lovely wife Chelsea and
growing a yearly vegetable garden. My hobbies and interest
include antique farm equipment and shooting sports.
What is something most people don’t know about you?
I was a district powerlifting champion as a sophomore in high
school.
Attended any fun events recently?
I attended the CASA (Court Appointed Special Advocate)
Ball and silent auction. CASA works with DHS in child abuse
cases to help children.
What is your job title? Duties? Work for?
I’ve been a Paralegal to Michael W. McCoy for over five years,
primarily on the hurricane docket. I love working for him and
with my team because we work so well together, and we’re
always joking around. There is never a dull moment around
here. Blame it on too much coffee!
What is something most people don’t know about you?
Prior to having children, I played recreational co-ed ice
hockey. Most people don’t know that Houston has a huge
hockey community, and there are leagues for every age and
skill level. It’s a great way to stay in shape, socialize, and pick
up men. Seriously, that is how I met my husband. I hope to
get back on the ice once my kids are grown.
Do you have a favorite quote or saying?
Life isn’t about waiting for the storm to pass. It’s about dancing
in the rain.
What is the best ever FR Halloween party costume? What
was your personal best costume?
I always enjoy dressing up for our Halloween parties. Two
years ago, we were beauty pageant contestants, and Mike
McCoy was our Master of Ceremonies (MC). The lineup
included Miss Conception (I was pregnant at the time), Miss
Nomer, Miss Trial, and Miss Demeanor. It was so fun!
What do you like about working at Fowler Rodriguez?
The attorneys here are great to work with and we have a
wonderful staff. Oh did I mention the ocean view and great
office in Gulfport?
If you could meet anyone from any era who would it be
and why?
Theodore Roosevelt, because he is my favorite president. His
life from being a Rough Rider, saving football, establishing
the Federal Parks, the Teddy Bear story which occurred in
Onward Mississippi, and his African safari.
Do you have a favorite quote or saying?
Hindsight is 20/20
continued bottom right
20
Fowler Rodriguez’s annual Halloween costume party.
Do you have any unique skills?
In spite of never receiving any formal training, I taught myself
the basics of welding and diesel machinery, most of which
I learned while repairing classic broncos in high school.
Nowadays, though I live in Gulfport, I still find use for these
skills—like building John Scialdone barbecue racks large
enough for steer quarters.
Fowler Rodriguez
spotlight
Jacques Pierre Verloin DeGruy
Partner, New Orleans
Do you have a nickname?
I have had many nicknames throughout my life, usually related
to my hair in some way – GrandMaster Bush, Jacques CouFro,
and more recently, BooFont. Some also refer me as Schpilke,
which is Yiddish and translates loosely to “international man
of mystery and intrigue”
What’s your favorite office activity and why?
I always look forward to the Christmas parties at Arnaud’s
.
Where were you born and where did you grow up?
I was born and raised in New Orleans. The longest I’ve been
away was two months after high school and two weeks after
Katrina.
What do you enjoy doing in your spare time?
I spend 90% of my spare time chasing young girls. I have 4 of
them – 7, 4, 1 and my wife, who is ageless. The other 10% is
spent fishing in places where my phone doesn’t work.
Christmas party at Arnaud’s in 2013.
What is something most people don’t know about you?
Prior to my life as an attorney, I bartended and cooked my way
through a handful of New Orleans restaurants and bars. I had
a lot of fun. I was going to go to culinary school, but ultimately,
I got tired of seeing other people out having fun on weekends
and I’d always wanted to be an attorney so….
Have you taken the bar? How long have you been practicing
law? What area do you mostly work in?
Yes, in Louisiana; thankfully only once, ten years ago this
coming fall. Most of my work is maritime in nature, which
is great because I love ships, water and meeting crazy people.
Worked on any particularly interesting or funny cases?
The most interesting cases I have worked on are asbestos
tort suits brought by former longshoremen. They were all
interesting because each case was different. I’d get to depose
retired longshoremen and other guys who worked the New
Orleans waterfront in the 50’s, 60’s and 70’s and research all
of the cargo that came through our ports and the ships that
carried it. We also pioneered some interesting arguments and
defenses on behalf of our clients. On the other hand, many
of those cases were as sad as they were interesting, since they
usually involved a guy who worked hard all of his life only to
come down with mesothelioma and face death. It’s sobering to
question a fellow, who knows he is dying, about his life.
21
Do you have any funny stories about co-workers or
experiences on the job?
My funniest experience wasn’t very funny at the time. A few
years back, I drove to rural Mississippi on a Sunday morning
to track down a witness who lived in the middle of nowhere
in a trailer on a dirt road. I didn’t know he would be hostile,
and I didn’t know he had three very big, very mean pitbulls.
Ever since that experience, when I’m in the field on a mission,
I back into driveways and leave my keys in the car. I also limp,
slightly, when it’s cold outside.
If you could meet anyone from any era who would it be?
Non-famous - my two grandmothers. They both passed away
before I was born. Famous - John Lennon, Jerry Garcia or
Teddy Roosevelt.
Do you have a favorite quote or saying?
“There’s room at the top, they are telling you still, but first you
must learn how to smile as you kill, if you want to be like the
folks on the hill” – This is an old favorite.
Or: “I’d help you with that, but I am waiting for someone else
to ask me to do something, so I can’t” – Linda Becnel, 2013
Fowler Rodriguez
recognitions and appointments
McCoy and Strickland
Recognized Among
2014 “Texas’ Top Rated Lawyers”
Louisiana Super Lawyers Magazine®
Profiles George Fowler
in 2014 Publication
Louisiana Super Lawyers Magazine® profiled
George J. Fowler, III in their January
2014 publication, highlighting his recently
released book, My Cuba Libre: Bringing
Fidel Castro to Justice; his representation
of Elián González, and his experience in
international law and civil rights.
Other questions involved his philosophy on
good lawyering and memorable cases he has taken, including
representation of shipowners faced with mutiny, mysteries
surrounding sunken Spanish ships, and confiscation of planes.
The American Lawyer magazine, in partnership with MartindaleHubbell®, has recognized Tim Strickland and Mike McCoy of
Fowler Rodriguez’s Houston office among Texas’ Top Rated
Lawyers, a prestigious selection of AV Preeminent®-rated
attorneys. Tim Strickland and Mike McCoy were selected
for inclusion in the 2014 edition.
You can read the full profile in the January 2014 print edition
of the magazine or online on the Super Lawyers website: the
article is titled “Fowler Libre” by Ross Pfund.
Strickland’s practice in Maritime Law and Civil Litigation
and McCoy’s practice in Insurance Law received mention in
the publication.
Cristi Fowler Chauvin
Appointed to
WYES Board of Trustees
New Orleans CityBusiness Honors
Phil Brickman with
2014 “Leadership in Law” Award
Cristi Fowler Chauvin was recently
appointed to the Board of Trustees for
WYES New Orleans, the oldest public
television station serving Louisiana and
Mississippi.
New
Orleans
CityBusiness
recognized Phil Brickman
of Fowler Rodriguez’s New
Orleans office with the 2014
Leadership in Law award at a
cocktail reception held at the
New Orleans Museum of Art
on March 24, 2014.
Other Board members include Herschel L.
Abbott, Jr. (Jones Walker), Anne Baños
(Tulane University), Harold Block (Block
and Bouterie), Larry Boudreaux (Larry P. Boudreaux Law
Office), Jeffrey Pipes Guice (Louisiana Film Museum),
Bill Kearney (Dolphin Marine International, Galatoire’s
Restaurant), Rick Kirschman (Kirschman Realty, LLC),
Jonathan C. McCall (Chaffe McCall, LLP), Christian Moises
(St. Tammany Parish Hospital), Sharon Perlis (Sharon
Perlis, PLC), Paul Peyronnin (Baker Donelson), Alan
Philipson (Industrial Development Board of the City of New
Orleans, Metropolitan Crime Commission, Lambeth House
Foundation), Anne Redd (New Orleans City Council),
Lori Savoie (Geocent), Scott Sewell (Republican Party
of Louisiana), Gary Silbert (Entergy), Debbie Skrmetta
(Louisiana Public Service Commission), Victor Ukpolo
(Southern University of New Orleans), Roger F. Villere, Jr.
(Republican Party of Louisiana), and Michael Q. Walshe, Jr.
(Stone Pigman Walther Wittmann, LLC).
Each year, New Orleans
CityBusiness selects fifty legal
professionals from the greater
New Orleans community
to receive the award in the
categories of firm associated,
court associated, in-house
counsel,
and
educators.
Honorees are determined
by
their
professional
accomplishments as well as
their involvement within the
community.
22
Fowler Rodriguez
New
recognitions and appointments
Orleans Magazine Recognizes
Fowler and Rodriguez as
2013 “Top Lawyers”
Nine Fowler Rodriguez Attorneys
Selected for Inclusion in
2014 Louisiana Super Lawyers®
Super Lawyers® named nine attorneys from Fowler Rodriguez,
Counselors at Law for inclusion in their 2014 Louisiana Super
Lawyers® list, including founding partner George J. Fowler,
III in International Law; Eugene R. Preaus in Surety Law;
Peter M. Thomson in Criminal Defense: White Collar Law;
and Todd G. Crawford, Mat M. Gray, III, Edward F.
LeBreton, III, and Antonio J. Rodriguez in Transportation/
Maritime Law.
W. Jacob Gardner, Jr. and Michael Harowski were
similarly selected for inclusion in the 2014 Louisiana Rising
Star list in the area of Transportation/Maritime Law.
New Orleans Magazine named George Fowler, III and Antonio
Rodriguez as Top Lawyers in their 2013 rankings. Mr.
Fowler was recognized in International Arbritration whereas
Mr. Rodriguez was lauded for his practice in Admiralty &
Maritime Law.
The designation of “Super Lawyer” represents no more than
the top 5 percent of outstanding attorneys practicing in the
state, whereas “Rising Star” refers to the top 2.5 percent of
attorneys who have been practicing for less than ten years.
Fowler Rodriguez Named
One of 2014 “Best Law Firms”
by U.S. News and World Report®
and The Best Lawyers in America®
Transportation/Maritime Law
Recognized for Admiraly & Maritime Legal Achievement
Fowler Rodriguez has been recognized as a 2014 Leading
Law Firm in New Orleans, Louisiana and in Gulfport,
Mississippi by U.S. News & World Report and The Best
Lawyers in America®. Fowler Rodriguez is specifically
noted for its Admiralty & Maritime Law practice.
The firm received a Metropolitan Tier 1 ranking for its office
in New Orleans and a Metropolitan Tier 2 ranking for its
office in Gulfport. The U.S. News and Best Lawyers’ “Best
Law Firms” recognition is the result of rigorous evaluation,
in which only law firms with attorneys featured in the 19th
edition of The Best Lawyers in America are eligible.
Once a law firm is deemed eligible, U.S. News collects
assessments from clients as well as peers and leading
attorneys within the same field of law to determine best
practice areas.
Antonio J.
Rodriguez
Edward F.
LeBreton, III
Mat M.
Gray, III
Todd G.
Crawford
W. Jacob
Gardner, Jr.
Michael
Harowski
International
Law
To develop its most recent rankings, the publications
reviewed 4.3 million evaluations of 68,761 individual leading
lawyers. After qualitative and quantitative data is collected,
each individual firm is given its own score. Of the 11,098
eligible firms in the nation, 6,894 received the ranking of
first-tier national and/or metropolitan.
George J.
Fowler, III
23
Rising Star*
Rising Star*
Surety
Law
Criminal DefenseWhite Collar Law
Eugene R.
Preaus
Peter M.
Thomson
Fowler Rodriguez
recognitions and appointments
Four New Partners at Fowler Rodriguez
Michael Harowski
Mr. Harowski joined the firm in 2006 following his graduation from Tulane University School of Law with a
J.D., at which point he based his practice in maritime law, environmental law, and marine and pollution casualty
response. He is admitted to practice before all state and federal courts in Louisiana, in addition to the U.S.
District Courts for the Southern District of Texas. He is an active member of civic and industry associations
alike, including the Maritime Law Association, the Southeastern Admiralty Law Institute, the World Affairs
Council of New Orleans, the Propeller Club of New Orleans, and the Mariners’ Club of New Orleans, as
well as the Louisiana, Federal, New Orleans, and American Bar Associations. He has published widely on admiralty and
maritime law matters. In 2014, Mr. Harowski was selected for inclusion in the Louisiana Super Lawyers list as a Rising Star.
Jacob Gardner
In 2010, Mr. Gardner joined Fowler Rodriguez as an associate and maintains his practice in admiralty law,
maritime and non-maritime personal injury defense, marine insurance, and civil litigation. He obtained his J.D.
and B.C.L. degrees in 2006 from the Paul M. Hebert Law Center at Louisiana State University, and has since
been admitted to practice before all state and federal courts in Louisiana in addition to the Southern District
of Texas as well as the United States Court of Appeals for the Fifth Circuit. Beyond his practice, Mr. Gardner
served on the Board of Directors for the Southeastern Admiralty Law Institute (SEALI) in 2012-2013 as Port
Director in New Orleans. He was selected for inclusion in 2013 and 2014 for the Louisiana Super Lawyers list as a Rising Star.
Jacques DeGruy
After graduating from Loyola University College of Law with a J.D. in 2004, Mr. DeGruy established his practice
in litigation, primarily in the areas of admiralty and maritime law, general insurance defense, and asbestos defense.
Since then, he has handled diverse matters with respect to personal injury defense, including charter agreements,
master service agreements, and other contracts on behalf of clients. Mr. DeGruy is admitted to practice before the
United States Court of Appeal for the Fifth Circuit, the United States District Courts for Eastern, Middle, and
Western Districts of Louisiana, and all Louisiana state courts. Additionally, he is an active member in several trade
organizations, including the Greater New Orleans Barge Fleeting Association, Mariners’ Club, and others.
Stuart Ponder
Mr. Ponder graduated from Louisiana State University Law School with a J.D. and B.C.L. in 2006, after which
he joined Fowler Rodriguez as an associate. His main practice areas include insurance defense, admiralty and
maritime law, corporate litigation, and bankruptcy, and is admitted to practice before all federal and state courts
in Louisiana. As a member of the Louisiana State Bar Association, the Baton Rouge Bar Association, and the
Young Leadership Council, Mr. Ponder remains active in the community and in industry associations throughout
the state.
www.frfirm.com
Houston
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24
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