Thanks For The Memory - New Orleans Federal Bar Association

Summer Edition 2009
Vol. 18, No. 4
Message from the President
by James M. Garner
Thanks For The Memory*
As the 2008-2009 year comes to
a close, I want to thank a wonderful
organization that has again acquitted
itself well in troubled times. Almost
four years after Hurricane Katrina, the
New Orleans Chapter continues to be
an exemplar of excellence. In the Fall
of 2005, Patrick O’Keefe and I spoke over coffee about
our future and whether our chapter would be half the size
we are today in a year; we are larger now than we were in
2005. We are, by far, the largest Chapter in the country,
ahead of Washington DC and Minnesota. Our “lead” has
grown during that time. Congratulations to all members for
obtaining this distinction, and thank you for your support.
And now we turn our attention to 2009-2010 and the
National Federal Bar Association Convention of 2010. As
of the time of publication of the Advocate, we have collected
approximately $100,000 out of pledges of approximately
$179,000. Thanks to all of you who have responded in
these challenging times. It isn’t the good times that measure
a person’s character; it’s how one responds in the down
times. Our membership and Chapter have risen to the cause
and shown that, four years after an unprecedented disaster,
we are not only thriving as a Chapter, but also excelling at
hosting the national organization’s annual gathering. For
COUNTDOWN TO THE FEDERAL BAR ASSOCIATION
2010 NATIONAL CONVENTION, SEPTEMBER, 2010
18 MONTHS TO GO AND COUNTING!
those of you who have not yet pledged or given, please do.
Please help us show how great we are.
Congratulations to Ashley Belleau who will take the
mantle of President of the national Federal Bar Association
at that meeting. At the Annual Convention, not only will we
be able to showcase our Chapter and City, but we will also
have one of our own take over leadership of the national
organization. This is a great opportunity for our Chapter to
make a national impression.
I want to take this final moment to thank our Board of
Directors, and the executive committee – Stevan Dittman,
Barry Ashe, Judge Kurt Engelhardt and Aimee Quirk. I
also want to thank the past presidents who continue to work
hard for the organization during the year – Ashley Belleau,
Patrick O’Keefe, Matt Moreland and Virginia Schlueter. An
organization is only as strong as its weakest link—and there
are no weak links in this group. I would also like to personally
congratulate our President-Elect, Stevan Dittman and to
wish him the best of luck in the coming year. Based on the
strength of personnel of our Board of Directors and Executive
Committee, we have many good years ahead of us.
Thank you.
Written by Ralph Rainger and Leo Robin, Arranged by: Gordon
Jenkins. Originally from the film Big Broadcast of 1938.
*
If you or your firm would like to be a part of bringing
the National Convention to New Orleans in 2010
by contributing, please contact Jim Garner
or Jo Aline Chocheles at 504-299-2102.
Editorial Board: Christopher J. Alfieri, Eric R. Nowak and Celeste Coco-Ewing
FEDERAL BAR ASSOCIATION, NEW ORLEANS CHAPTER
HOSTS 17th ANNUAL JUDGE ALVIN B. RUBIN SYMPOSIUM
The New Orleans Chapter of the Federal Bar
Association commemorated The Honorable Alvin
B. Rubin, Judge, by hosting its 17th Annual Alvin B.
Rubin Symposium on May 14, 2009. The program
was originally conceived of to honor Judge Rubin’s
renowned commitment to professionalism and
ethics in the legal field, and it provides the local
Bar with an opportunity to obtain professionalism
and ethics CLE credits.
This year, Harvard Professor David Wilkins
was invited to lead two panel discussions.
Donna Phillips Currault, Professor David Wilkins and Andrew R. Lee
Professor David Wilkins and Panel Members Hon. Eldon E. Fallon,
Judy Perry Martinez and Richard T. Simmons
Professor David Wilkins and Michael H. Rubin
2
The first discussion focused on recent
developments in professionalism, including
the newly proposed ABA model rule regarding
conflicts of interests between lawyers and their
former clients. As Professor Wilkins explained,
the proposed rule is a significant departure from
the previous black letter rule. Professor Wilkins
led the panel and the audience in a challenging
discussion of ethics about how the proposed rule
will affect lawyers’ opportunities to obtain new
clients and the resulting implications in litigation.
The Honorable Eldon E. Fallon, Judy Perry
Martinez, and Richard T. Simmons sat on the panel
and provided their insights from judicial, in-house
counsel, and private practice perspectives.
Professor Wilkins then led a second discussion
on professionalism centering on the future of the
legal profession as the world and commerce become
more intertwined. As a part of this discussion,
Professor Wilkins shared some of his early findings
from a twelve-year national study he is leading
which collects information about the career paths
of lawyers. The study known as “After the JD” is
a comprehensive study of lawyers from the year
2000 through 2012. His statistics shed new light
on how the careers of different racial, gender, and
demographic groups are unfolding. The discussion
was lively, insightful, and often funny.
Over 150 lawyers attended this engaging
discussion of ethics and professionalism in the
ceremonial courtroom of the United States District
Court for the Eastern District. All attendees
received CLE credit for 1 hour of ethics and
1 hour of professionalism. And, members who
pre-registered paid only $25!
Advocate
UNITED STATES SENTENCING COMMISSION
ANNUAL NATIONAL SEMINAR
The United States Sentencing Commission
held its annual national seminar on the Federal
Sentencing Guidelines at the Hilton New Orleans
Riverside, New Orleans, Louisiana
from
Wednesday, June 10, 2009, through Friday,
June 12, 2009. Over eleven hundred participants
from around the country traveled here for this
comprehensive review of the guidelines.
On the first day of the seminar, participants
were introduced to the Sentencing Reform Act
of 1984 and application of the federal guidelines
generally.
The next day, after attending a “Year in Review”
session pertaining to the United States Sentencing
Commission, participants attended break-out
sessions which addressed recent developments
in the sentencing guidelines for various drug,
immigration, fraud and theft offenses.
On the final day, the training culminated in a
well attended defense attorney training session
in which Acting Chair Ricardo Hinojosa, Past
President of the National Association of Criminal
Defense Lawyers-Carmen Hernandez and FPD
and New Orleans Chapter Past President Virginia
Schlueter, presented suggestions for best practices
by defense attorneys and a review of the precursor
convictions necessary for Career offender status,
Armed career offender status, and three strikes.
Simultaneously, there was a session attended by
Federal Prosecutors.
The New Orleans Chapter of the FBA co-hosted
a cocktail party for FBA members, Speakers, and
United States Sentencing Commissioners and
their staff attorneys. This opportunity to network
with the USSC Commissioners and legal staff over
cocktails proved educational and entertaining.
John Baker, Judith Shoen, Acting Chair Ricardo Hinojosa,
Virginia Laughlin Schlueter, Hon. Gustavo Gelpi, Judge, United States
District Judge for the District of Puerto Rico,
Matt Moreland and ECJA Panel Member Warren McKenna
FBA Criminal Law Section Chair Kevin McGrath,
Theresa Perella,
FBA Criminal Law Section Co-Chair Mike Sklaire
Sandra Jenkins, ECJA Panel Member,
Billy Gibbens, ECJA Board Member,
Virginia Laughlin Schlueter,
Eastern District of Louisiana Federal Public Defender
Advocate 3
YOUNGER LAWYERS’ DIVISION OF THE FEDERAL BAR ASSOCIATION
HOSTS “MORNING AT THE FEDERAL COURTHOUSE”
On June 24, 2009, the Young Lawyers Division (“YLD”) of the Federal Bar
Associations New Orleans Chapter hosted its fifth annual “A Morning at the
Federal Courthouse” program. The half-day program introduced approximately
65 local law clerks from both the public and private sectors of law practice to the
operations of the U.S. District Court for the Eastern District of Louisiana in New
Orleans. The law clerks also had the opportunity to observe oral arguments and
informally interact with several of the judges from the Eastern District.
The Honorable Sarah S. Vance, chief judge for Eastern District, began the
program with a warm welcome. Judge Vance gave a brief overview of the workings
of the Court. Following opening remarks, the attendees observed oral argument
Hon. Sarah S. Vance, Chief Judge,
on various motions before the Honorable Sarah S. Vance, the Honorable Carl J.
U. S. District Court, Eastern
Barbier, the Honorable Ivan L.R. Lemelle, the Honorable Stanwood R. Duval,
District of Louisiana
Jr., the Honorable Mary Ann Vial Lemmon, the and the Honorable Daniel E.
Knowles, III. Several of the participating judges provided the law
clerks the opportunity to have an informal question and answer
period following oral argument in which subjects ranging from
preparation for oral argument, communications with the Court
and ethics issues were discussed.
Amy Malish addresses law clerk attendees
Thereafter, the law clerks reconvened for the second half
of the program for a panel discussion on an overview of the
Eastern District, which was designed to introduce the law
clerks to the organization and various roles in the federal
court system. The Honorable Lance M. Africk spoke on the
role of the district court judge, the Honorable Sally Shushan
and the Honorable Karen Wells Roby spoke on the role of the
magistrate judge and Ms. Loretta Whyte, clerk of court for
the Eastern District of Louisiana, spoke on case management
procedures and local rules.
The program concluded with an informal luncheon in the
reception room of 625 St. Charles Avenue, which was attended
by the law clerks and participating judges.
Suzanne Scalise, Lauren Hudson, Kathryn Knight
and Maggie Broussard
4
The program was well received by the law clerks and the
participating judges. Many of the law clerks expressed their
excitement about being able to interact informally with the
judges and their staff. The program also provided a great
opportunity for the current members of the YLD to meet the
FBA’s newest members. The program was a joint effort and
the YLD extends its appreciation to the many judges and court
staff members who made this program possible.
Advocate
CLERK’S CORNER
By: The Honorable Loretta G. Whyte,
Clerk of Court, U.S. District Court, Eastern District of Louisiana
– CAVEAT –
There is no question that electronic filing continues
to be a great benefit to all of us. However, there are pitfalls the e-filer can easily encounter, occasionally with
disastrous results. You need to be aware of them. Recently two different appellate courts dismissed appeals
without considering the merits of the case because of
mistakes in connection with electronic filing.
In Kinsley v. Lakeview Regional Medical Center,
Fifth Circuit No. 08-30025, plaintiff’s counsel intended to electronically file a notice of appeal. He properly selected the event “Notice of Appeal” from the
CM/ECF drop down menu. However, he then inadvertently attached the wrong pdf document, that being
a request for oral argument he had filed earlier in the
case. The clerk informed counsel that the document
was deficient and that the court’s administrative procedure requires a deficient document to be re-filed in its
entirety within 5 days or it will be dismissed. Counsel
filed a proper notice of appeal within 4 days, but the
new filing was not within the 30 days from entry of
judgment, as required by the Federal Rules for a Notice of Appeal. Finding that the time limitation on filing a notice of appeal is mandatory and jurisdictional,
the appellate court ruled that the initial CM/ECF filing
did not constitute a notice of appeal and, furthermore,
that the district court’s procedure allowing 5 days to
file a corrected document does not extend the time for
filing a notice of appeal. The appeal was dismissed.
In an Eighth Circuit case, counsel sought to reopen the time for appeal, claiming that they had not
received the e-mailed notice of the district court’s adverse appealable order. The district court had held
that a presumption of delivery and receipt should apply to emails sent via CM/ECF and that the appellants
had not overcome this presumption. The lower court
found that the law firm did, in fact, receive notice of its
ruling on the date it was sent from the district court’s
CM/ECF system and that the most likely scenario
was that someone working in the law firm’s office
must have accidentally deleted the e-mail notification.
The Circuit affirmed, ruling that counsel for appellant could not establish that they had failed to receive
timely notice and that, therefore, no legitimate excuse
existed for failing to file a notice of appeal within the
time allowed. American Boat Co. v. Unknown Sunken Barge, Eighth Circuit No. 08-2166
Awareness of these problem areas related to electronic filing will help everyone avoid them in the future.
LUNCH WITH THE COURT
The Federal Bar Association’s Lunch with the Court program continues with the following events:
JULY 15, 2009
THE HONORABLE JAY C. ZAINEY
Judge, U. S. District Court, Eastern District of Louisiana
AUGUST 19, 2009
THE HONORABLE IVAN L. R. LEMELLE
Judge, U. S. District Court, Eastern District of Louisiana
Advocate Each luncheon will be held in the Judge’s courtroom unless
otherwise noted. Please contact Camille Zeller at 504-589-7990
if you wish to attend. Space is limited.
The Lunch with the Court program, which is free for members
of the Federal Bar Association, is a project of the Younger Lawyers Division. The program allows our Federal Bar members
a unique opportunity to interact with the Federal bench in an
informal setting.
5
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$50 per person
R.S.V.P. to F B A (504) 589-7990
R.S.V.P. to FBA 589-7990
ANNUAL MEETING RESERVATION FORM
Name:______________________________________________________________________________________
# attending: __________
Firm:_______________________________________________________________________________________
Address:_ ___________________________________________________________________________________
___________________________________________________________________________________________
Phone No.: _________________________________________________ Amount enclosed: $ _______________
PLEASE RETURN FORM AND CHECK TO:
6
New Orleans Chapter of the Federal Bar Association
c/o Camille Zeller
Attorney Conference Center
500 Poydras St., Room B364
Hale Boggs Building
New Orleans, LA 70130
Please make your reservations on
or before Friday, August 14, 2009
so that the Plimsoll Club can have a
count of attendees.
Advocate
NOTICE OF ANNUAL MEETING AND
ELECTION OF OFFICERS AND DIRECTORS
AUGUST 21, 2009
In accordance with the Chapter’s By-Laws, Stevan C. Dittman, our current President-Elect, will automatically succeed James M. Garner as President of our Chapter. Election of the remaining officers
and directors will take place at the Annual Meeting on Friday, August 21, 2009, at the Plimsoll Club.
The Nominating Committee has nominated the following persons:
Chapter Officers
President:
President-Elect/Treasurer:
Recording Secretary:
Immediate Past President:
Younger Lawyers Representative:
Vice President:
Membership Chair:
National Council Delegates:
Stevan C. Dittman
Barry W. Ashe
Hon. Kurt D. Engelhardt
Aimee M. Quirk
Eric R. Nowak
James M. Garner
Stevan C. Dittman
James M. Garner
Suzanne Scalise
CHAPTER BOARD OF DIRECTORS
Hon. Lance M Africk
Christopher J. Alfieri
W. Raley Alford, III
John Balhoff, II
Hon. Carl J. Barbier
Nannette Jolivette Brown
Brian J. Capitelli
Dane S. Ciolino
Celeste Coco-Ewing
John “Jack” T. Culotta
Donna Phillips Currault
Janet Daley Duval
Hon. Charles “Fritz” Fulburge
Billy Gibbens
Steven F. Griffith, Jr.
Hon. Marla Hamilton
Brian Jackson
Capt. Samuel Kim
Advocate Kevin P. Klibert
Tracey Knight
Hon. Daniel E. Knowles, III
Ann R. Koppel
Kelly Legier
Hon. Ivan L. R. Lemelle
Hon. Mary Ann Vial Lemmon
Allen C. Miller
Douglas J. Moore
Tara G. Richard
Wendy Hickok Robinson
Kelly T. Scalise
Charles Talley
Joseph P. Tynan
Hon. Sarah S. Vance
Peter J. Wanek
Hon. Loretta G.Whyte
7
FEDERAL BAR ASSOCIATION – NEW ORLEANS CHAPTER
YOUNGER LAWYERS’ DIVISION BOARD OF DIRECTORS (2009-2010)
Officers:
Suzanne Scalise
Chair
Larry Centola
Vice Chair
Erin K. Arnold
Secretary
Amy S. Malish
Treasurer
Brian Capitelli
Past Chair
Board Members:
Elisabeth Lorio Baer
Seth J. Bloom
Mike DePetrillo
Corey E. Dunbar
Ellen Dunbar
Vicky Elmer
Jennifer L. Englander
Steven F. Griffith Jr.
Jeremy Herschaft
Lauren Hudson
Sara Johnson
Kathryn M. Knight
Sunni Leboef
Ryan Luminais
Sara E. Mouledoux
Sarah Voorhies Myers
Stephen G.A. Myers
Neil F. Nazareth
Andrea Mahady Price
Elizabeth A. Roussel
Michael W. Rutledge
Kara Hadican Samuels
Tommy Snyder
Dylan Utley
Sharonda R. Williams
FBA MEDIATION WORKSHOP
THURSDAY, SEPTEMBER 10, 2009 – 2-4pm • Courtroom of the Hon. Lance Africk, Judge
Judge Conducted and Private Mediations
Panelists:
United States District Court Judge Lance Africk
United States Magistrate Judge Sally Shushan
Loyola College of Law Professor Bobby Marzine Harges
Credits: Cost:
2 CLE
$ 30 FBA members • $60 non-members
Moderator:
Nannette Jolivette
FBA MEDIATION WORKSHOP RESERVATION FORM
Please register by
September 3rd
Name:_______________________________________________________________________ PLEASE RETURN FORM
AND CHECK TO:
Firm:________________________________________________________________________ New Orleans Chapter of the
Federal Bar Association
Address:_____________________________________________________________________ c/o Camille Zeller
Attorney Conference Center
500 Poydras St.,
____________________________________________________________________________ Room B364
Hale Boggs Building
New Orleans, LA 70130
Amount enclosed: $ _______________
8
Advocate
NEW MEMBERS
The Federal Bar Association welcomes its new members:
Mr. Matthew S. Almon
Stone Pigman Walther Wittmann
Mr. Shaun G. Clarke
Gerger & Clarke
Mr. Tarak Anada
Jones Walker
Mr. Meghan D Coleman
Liskow & Lewis, PLC
Mr. Nicholas P Arnold
Christorich & Kearney
Ms. Kelly S. Collins
Gieger, Laborde & Laperouse, LLC
Mr. Patrick J. Babin
Mouledoux Bland Legrand & Brackett
Mr. Kelly C. Comarda
Kelly C. Comarda, Attorney At Law
Mr. Jason M. Baer
Hailey, McNamara, Hall, Larmann & Papale, LLP
Mr. Christopher B. Conley
Simon, Peragine, Smith & Redfearn LLP
Mr. William C. Baldwin
Jones Walker
Ms. Stephanie W. Cosse
Chaffe McCall LLP
Mr. Brett A. Bares
Duplass, Zwain, Bourgeouis, Pfister & Weinstock
Mr. James E. Courtenay
Deutsch, Kerrigan & Stiles LLP
Mr. Jose L. Barro
McGlinchey Stafford PLLC
Ms. Miriam K Crespo
Potermin & Associates, PC Ms. Beth Song Bernstein
U. S. Dept. of Labor
Mr. Mark A. Cunningham
Jones Walker
Ms. William D. Boyles
King, Krebs & Jurgens, PLLC
Ms. Lori A. Daigle
Allen & Gooch Ms. Amada T. Burnette
U. S. Department of Justice
Mr. Alan R. Davis
Chaffe McCall
Ms. Kelley L. Callahan
Rouseel & Clement
Ms. Tiffany Leigh Delery Davis
Liskow & Lewis, PLC
Mr. Andrew R. Capitelli
Sher Barner Cahill Richter Klein & Hilbert, LLC
Mr. Timothy D. DePaula
Murphy, Rogers, Sloss & Gambel
Mr. Eric M. Carter
Abbott, Simses & Kuchler APLC
Ms. Lauren B. Dietzen
Plauche Maselli Parkerson LLP
Mr. Ryan M. Casteix
Leake & Anderson, LLP
Mr. Ben S. DiPalma
Duplass, Zwain, Bourgeouis, Pfister & Weinstock
Ms. Shalni A. Chandwani
King, Krebs & Jurgens, PLLC
Ms. Vanessa M. D’souza
Gawey, Smith, Nehrbass & North, LLC
Ms. Cristi Fowler Chauvin
Fowler, Rodriguez, Valdes-Fauli
Ms. Katie L. Dysart
Baker, Donelson, Bearman, Caldwell
& Berkowitz, PC Mr. Scott R. Cheatham
Adams and Reese LLP
Ms. Shephanie L. Cheralla
Degan, Blanchard & Nash, APLC
Mr. Andrew H. Chrestman
Liskow & Lewis, PLC
Mrs. Tiana R. Christopher
Chaffe McCall, LLP
Advocate Ms. Claire E. Easterling
Couhig Partners LLC
Ms. Rina L Eisenberg
Aultman Tyner Ruffin & Swetman
Ms. Rochelle C. Fahrig
Johnson, Johnson, Barrios & Yacoubian
Mr. David M. Geerken
McCranie, Sistrunk, Anzelmo, Hardy, Maxwell
& McDaniel P.C.
Mr. Todd R. Gennardo
Denechaud & Deneehaud, LLP
Ms. Erin E. Gilson
Jones Walker
Mr. W. Taylor Hale
Phelpls Dunbar LLP
Mr. Jason W. Hammer
Cossich, Sumich Parsiola & Taylor, LLC Mr. Jonathan P. Hobbs
McCranie, Sistrunk, Anzelmo, Hardy,
Maxwell & McDaniel P.C.
Mr. Jeffrey D. Hooks
Ninth Judicial District Court
Ms. Stacie L. Jirovec
Blue Williams, LLP
Ms. Katy B Kennedy
Shields Mott Lund LLP Mr. Sean D. Kennedy
Miller and Williamson LLC Mr. Stephen C. Kogos, Jr.
Gieger, Laborde & Laperrouse, LLC
Ms. Celeste C. Laborde
Jones Walker
Mr. Raymond C. Lewis
Sher Garner Cahill Richter Klein & Hilbert, LLC Mrs. Elisabeth B. Lorio
Liskow & Lewis, PLC
Ms. Kristi V. Louque
The Nielsen Law Firm, LLC Ms. Brittany M. Love
Chopin, Wagar, Richard & Kutcher, LLP
Mr. Michael J. Madere
Porteous, Hainkel & Johnson LLP
Mr. Brian K. Marick
McGlinchey Stafford, PLLC
Ms. August V. Martens
The Martens Law Firm, LLC
Mr. John M. McCammon
McGlinchey Stafford PLLC
con’t on next page
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NEW MEMBERS (cont’d)
Ms. Claire H. McDaniel
The Kullman Firm
Mr. Michael J. Palestina
Louisiana Supreme Court
Mr. David M Stein
Adams and Reese LLP
Mr. Timothy G. McEvoy
Barrasso Usdin Kupperman Freeman & Sarver
Ms. Shantell L. Payton
Jones Walker
Mr. Barrett R. Stephens
Breazeale, Sachse & Wilson LLP
Mr. Sean T. McLaughin
Kean, Miller, Hawthorne, D’Armond,
McCowan & Jarman, LLP
Mr. Christopher T. Pellegrin
Bienvenu Foster Ryan & O’Bannon LLC
Mr. Charles E. Tabor
Sher Garner Cahill Richter Klein & Hilbert, LLC Ms. Shendelle T. Polk
Duplass, Zwain, Bourgeouis, Pfister & Weinstock
Mr. Todd C. Taranto
Frilot LLC
Ms. Katherine M. Pollock
Schonekas, Winsberg, Evans & McGoey
Ms. Catherine N. Thigpen
Baker, Donelson, Bearman, Caldwell
& Berkowitz, PC Ms. Amy L. Meynig
Krebs, Farley & Pelleteri PLLC
Ms. Michelle L. Miller
McGlinchey Stafford PLLC
Ms. Elisa C. Mills
Schonekas, WInsberg, Evans & McGuey
Mr. Mark A. Mintz
Jones Walker
Mr. M. Scott Minyard
Barfield & Associates Mr. Andrew T. Quackenbos
King, Krebs & Jurgens PLLC
Ms. Kelly E. Ransom
Beahm & Green
Mr. Morris W. Reed, Jr.
Reed & Reed LLP
Mr. Charles M. Thomas
Gauthier, Houghtaling, & Williams
Mr. Brendhan H. Thompson
LeBlanc Bland PLLC
Mr. Dennis N. Thomson
Morris Bart, LLC
Mr. John C. Morris, IV
Frilot LLC
Mr. Benjamin D. Reichard
Fishman Haygood Phelps Walmsley
Willis & Swanson, LLP Ms. Brooke C. Tigchelaar
Stone Pigman Walther Wittmann LLC
Mr. Taylor P Mouledoux
Phelpls Dunbar LLP
Ms. Namoi K. Reyes
Stone Pigman Walker WIllman LLC
Mr. Robert W Tschirn
Law Office Of John W. Redmann LLC
Ms. Sarah J. Murphy
McGlinchey Stafford PLLC
Mr. Isaac H. Ryan
Deutsch, Kerrigan & Stiles, LLP Ms. Diana E. Velez
McCranie, Sistrunk, Anzelmo, Hardy,
Maxwell & McDaniel Ms. Tobi M. Murphy
Phelpls Dunbar LLP
Mr. Scott R. Samuel
Christovich & Kearney Anne La Cour Neeb
Adams and Reese LLP
Mr. Jairo F. Sanchez
LeBlanc & Butler, LLC Mr. Christopher L. Nelson
McGlinchey Stafford PLLC
Mr. Adam P. Sanderson
Mouledoux, Bland, Legrand & Brackett
Ms. Tania L. Nelson
Krebs, Farley & Pelleteri PLLC
Mr. Rick M. Shelby
Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P.
Mr. Brian S. Neulander
Proskauer Rose, LLP
Mr. Christopher L. Sices
Chopin, Wagar, Richard & Kutcher, LLP
Mr. Porter H. Nolan
Superior Energy Services, Inc.
Ms. Jeffrey M Siemssen
Gardner & Kewley, APLC Ms. Brittany M. Olson
Smoothie King Franchises, Inc.
Ms. Sarah E. Spigener
Kanner & Whiteley, LLC Mr. Evan W. Walker
Pelleteri & Wiedorn LLC
Ms. Rachel E. Walsh
Krebs, Farley & Pelleteri PLLC
Ms. Erin R. Wedge
Coats, Rose, Yale, Ryman & Lee Ms. Shelley L. Whitehead
McCranie, Sistrunk, Anzelmo, Hardy,
Maxwell & McDaniel Mr. Stephen W. Wiegand
Liskow & Lewis, PLC
Ms. Simone H. Yoder
Degan, Blanchard & Nash, APLC
If you would like to become a member of the FBA, or know someone who would like to become a member,
please call Aimee Quirk, Membership Chair at 582-8256, or Camille Zeller at 589-7990 for more information.
10
Advocate
Trials & Tribulations
Crescent City Property Redevelopment Assoc., LLC,
et. al. v. USAA Casualty Insurance Company, 0611420, Section B (5) (Jury trial held April 13, 2009)
Katrina Insurance Claim
Five of plaintiffs’ properties were damaged by rain,
wind, and fire as a result of Hurricane Katrina. Plaintiffs
sued their insurance company, asserting claims of
breach of contract, bad faith, and untimely adjusting.
Following a one-day trial, the jury returned a verdict
for the Defendant with regards to all claims.
Sondra Rubin, et al. v. Aggressor Fleet, Ltd., et al.,
07-6598 c/w 07-6931, Section I/5 (Jury trial held April
6-17, 2009)
Maritime Wrongful Death and Emotional Distress
Decedent disappeared while scuba diving off the coast
of Central America in May, 2003, and his wife and
daughter filed suit against a Costa Rican scuba diving
franchisee, the Louisiana franchisor, the Louisiana
travel agent who booked decedent’s scuba diving
trip, and one of the agent’s employees. The plaintiffs
asserted claims of wrongful death and emotional
distress caused by the defendants’ acts after the
decedent’s disappearance.
After a two week trial, the jury ruled in favor of the
defendants on all counts. The jury found that no
defendant was negligent in relation to the decedent’s
disappearance, and that neither of the plaintiffs’
emotional distress was severe enough to sustain their
emotional distress claims.
One River Place Condominium Association, Inc. v.
Axis Surplus Insurance Company,
07-1305,
Section L (Jury trial held May 26, 2009 – June 3,
2009)
plaintiff asserted that it was entitled to recover from
the insurance company for property damage and lost
income from Hurricane Katrina. Additionally, the
plaintiff claimed that the insurance company cancelled
plaintiff’s policy in violation of Emergency Rule 23.
The insurance company denied all of plaintiff’s claims,
asserting that the condominiums were damaged
before Hurricane Katrina, that the plaintiff had been
fully indemnified, and that the damages claimed by
the Plaintiff were actually betterments and upgrades.
The insurance company claimed it did not violate
Emergency Rule 23 because the plaintiff, and not the
insurance company, changed the nature of plaintiff’s
insurance policy.
The jury ruled for the plaintiff, finding the insurance
company liable for $151,782 in property damage and
$134,906.67 in lost income. The jury found that the
insurance company did not violate Emergency Rule
23 or La. Rev. Stat. § 22:658 (now 22:1892). However,
the insurance company was found to have violated
§ 22:1220 (now 22:1973), although the jury did not
award any damages for that violation.
Katz v. State Farm Fire and Cas., et al., CA 06-4155,
Section R (Jury trial held May 18-20, 2009)
Negligent Misrepresentation
The plaintiff alleged that one of defendant’s insurance
agents told her that excess flood insurance was not
available for her house, which was in New Orleans.
Plaintiff’s home severely flooded during Hurricane
Katrina, and the flood damage exceeded the policy
limits of plaintiff’s flood insurance. After Hurricane
Katrina, plaintiff discovered that excess flood insurance
actually was available for her New Orleans house, and
sued the defendant insurance company and its agent
for negligent misrepresentation.
The jury found for the defendants.
Katrina Insurance Claim
Plaintiff, an 81-unit condominium association, sued
its insurance company for breach of contract. The
Advocate 11
SAVE THE DATES FOR UPCOMING EVENTS:
Already on the Calendar, these upcoming events offer an easy, interesting and inexpensive way to
satisfy your annual CLE requirements. Members of the Federal Bar Association are always given a
discount. Any attorney who chooses to join the FBA in connection with one of the CLE programs will
be admitted at the member’s rate. Make your reservations early through Camille Zeller at the Attorney
Conference Center (589-7990).
FBA Mediation Workshop - September 10, 2009
(see registration form on page 8)
Legal Writing Workshop - October 16, 2009
Coming later this Summer and Fall, the Malcolm Monroe Federal Practice Seminar and
the Federal Judges Reception. Be sure to check future issues of the Advocate
and monitor our website, www.nofba.org, for exact dates.
EDITORIAL BOARD: Christopher J. Alfieri, Eric R. Nowak and Celeste Coco-Ewing
Membership fee includes both national and
chapter membership in the FBA. You can apply
online at www.fedbar.org.
Membership Chair
Aimee Quirk
c/o Attorney Conference Center
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Hale Boggs Federal Building
New Orleans, LA 70130
(504) 589-7990
or
www.fedbar.org
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Fax (571) 481-9090
Contact:
Interested in becoming a member of
the Federal Bar Association?
c/o James M. Garner
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Federal Bar Association
New Orleans Chapter
NEW ORLEANS, LA
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