MESSAGE FROM thE PRESidENt - New Orleans Federal Bar

At the Annual Meeting and Awards Luncheon of the New Orleans Chapter of the Federal Bar Association on
July 23, 2010, Barry W. Ashe was installed as the Chapter’s new president. After thanking Stevan Dittman,
the outgoing president, for his outstanding leadership in a remarkable year of service, Barry, on behalf of
the Chapter, presented Stevan with a FBA Boston Rocker as a memento of his year of service. Barry then
delivered the following remarks:
Message from the President
by Barry Ashe
I want to join the chorus of
appreciation expressed for an
outstanding Board of our local
Chapter of the FBA, a board that
works, and I want to affirm that
the success of this organization
is achieved because of the
tremendous and able support
provided by the federal judges of
this District.
I take this point of personal privilege to publicly thank
my firm, Stone Pigman, for its unflagging support of our
Chapter and me in my various roles of service with the
Chapter. It is a firm of the highest character and ample
generosity, and I am very proud of my 25-years of
association with it.
You have heard about the outstanding programs of the
Chapter and the Chapter’s special privilege to be this
year’s host of the National Convention, which is just
around the corner. We look forward to seeing each of you
at our Chapter events and at the National Convention.
Ponder with me these words:
Out of the night that covers me,
Black as the pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.
In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.
Beyond this place of wrath and tears
Looms but the Horror of the shade,
And yet the menace of the years
Finds and shall find me unafraid.
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate:
I am the captain of my soul.
Words from “Invictus,” a poem written by the 26-year old
English poet William Ernest Henley in 1875 while he lay
in a hospital bed recovering from yet another bout with
tuberculosis, to which he had earlier lost his leg, amputated
below the knee. Remarkable courage and determination
expressed by one so young.
Inspiring words indeed ... but to what end?
Those of us fortunate enough to see last year’s blockbuster
movie “Invictus” know that the words of this poem were
inspiration and comfort to lawyer Nelson Mandela while
imprisoned on Robben Island. It remained an inspiration
to him during his years of service as South Africa’s first
cont’d on page 2
Fall Edition 2010 • Vol. 20, No. 1
Editorial Board: Douglas Moore, Raley Alford and Celeste Coco-Ewing
Message from the President (cont’d)
black president, as he sought to eradicate the bitter and
understandable racial strife that marked his nation in the
wake of apartheid’s welcome fall. The poem “Invictus”
continued to inspire President Mandela when he threw
his whole-hearted support behind the Springboks, South
Africa’s then nearly all white rugby team, in its quest for
rugby’s World Cup in 1995 – believing as he did in the
team’s ability to inspire the nation to unity.
But, strangely and chillingly, this same poem, “Invictus,”
was in 2001 chosen by the notorious and deranged Timothy
McVeigh as his final statement prior to his execution for the
deadly Oklahoma City bombing.
How can the same poem inspire such different responses
– one so noble and uplifting, the other so despicable,
demented and destructive? The difference, of course, lies
in the character of the person charting the course. Outlook
determines outcome. For us all, a responsibility comes
with the privilege of being the captains of our souls, the
masters of our fates. As lawyers, we are responsible for
even more – surely, the courses we chart for ourselves, but
also the directions in which we choose to steer our clients,
our community, our very civilization.
building up, not tearing down; of uniting, not dividing; of
creating, not destroying; of giving, not taking; of sowing
freedom, not oppression. Our profession will be made
better and stronger by the character in each of us that impels
us to the course that is noble and true. It is and always
has been the goal of the Federal Bar Association to help
its members and all lawyers with whom we practice to set
such a course. As I embark on this year as your president,
that is the course I pledge to chart for this Chapter, and I
encourage you to join me in navigating this course through
this next year.
Since delivering the foregoing remarks, our Chapter has
had the distinct privilege, honor and joy to host the National
Convention of the Federal Bar Association. The Chapter can
be proud of the amazing job it did of presenting our grand
City to Convention delegates and guests. I want to express
my appreciation to the Host Committee, the Board, the
Judges of the Eastern District of Louisiana, past Presidents
and countless others who participated in the planning and
administration of the Convention events. Rest assured,
from the perspective of all the Convention delegates and
guests who spoke to me, we were able together to let the
good times roll!
Mandela or McVeigh – the choice for all of us could not
be more stark or clear. Let us choose the noble course of
S
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Last Chance CLE: MDL Proceedings - View From The Bench
December 14, 2010
3:00 - 5:15 p.m.
United States District Court, EDLA, Courtroom C501
Speakers:
W. Royal Furgeson, Jr., Panel Judge, United States Judicial Panel on Multidistrict Litigation
Carl J. Barbier, District Judge, United States District Court, Eastern District of Louisiana
Eldon E. Fallon, District Judge, United States District Court, Eastern District of Louisiana
Cost:
D
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Members - $30/hour or $50 for both hours
Non-Members - $60/hour or $100 for both hours
Register by emailing Camille Zeller at [email protected]
Be sure to check future issues of the Advocate and monitor our website, www.nofba.org, for exact dates.
Advocate
2010 FEDERAL BAR ASSOCIATION NATIONAL CONVENTION HIGHLIGHTS
ASHLEY L. BELLEAU
FEDERAL BAR ASSOCIATION NATIONAL PRESIDENT
The FBA Inaugural Dinner was held at the Ritz Carlton on September
25, 2010. The evening was the culmination of the FBA 2010 Annual
Convention in New Orleans, Louisiana. New Orleans’ own Ashley Belleau
was installed as the National President of the Federal Bar Association.
Ashley was introduced by her law partner, and former President of the New
Orleans Chapter, Patrick O’Keefe, with the following remarks:
“Five years ago, nearly to the day, I stood before you in Fort Lauderdale,
a tattered and ragged remnant of a once vigorous chapter. Our wonderful
city, then brown and withered, was 80% under water. In my bedraggled
condition I promised you three things:
- First, that our chapter would rise again and surpass our previous
strength,
- Second, that New Orleans would reclaim her title as the Queen
City of the South, the emerald gem on the Mississippi River, and
- Third, I pledged to you that your colleagues in the New Orleans
chapter would be among those to provide the leadership in these
endeavors.
Ashley L. Belleau
After four days of the magnificent hospitality only our fabled city could
muster, and after the finest CLE programs available in North America; I ask
you tonight: Was I mistaken?
I wish I could take credit for these remarkable accomplishments but I cannot.
Credit for our chapter’s recovery goes to my successor Matt Moreland,
and his successor Virginia Schlueter, and her successor Jim Garner, and
his successor Steven Dittman, and our current chapter President, the ever
diplomatic Barry Ashe. The credit goes as well to our chapter membership
and their commitment to our recovery; individuals who gave of themselves
freely, without expectation of rank, recognition, or reward.
Patrick O’Keefe delivers the introduction
Likewise, credit for our city’s recovery must be shared among many, though
a few examples come readily to mind. Credit goes to board member
Nanette Jolivette Brown, who now serves as the City Attorney; it goes to
board member Aimee Quirk who gave up the comforts of private practice
to become the Mayor’s Economic Development Advisor. It goes chiefly
to a host of New Orleanians, many FBA members among them, who bent
their finest efforts to reclaim the city we love so well.
Yet all of these individuals, the named and the unnamed alike, would join
with me tonight in saying there is someone who was to be found unfailingly
at the forefront of every major effort, every FBA recovery project. Her
leadership style might best be described as gentle persuasion, liberally
seasoned with patience. Some she led by the hand; others - hard cases
like me - she led by the nose, but always with grace and charm. She put
up with a steady stream of carping, complaining, whining and outright
Judge Sarah Vance administers
the oath of office
cont’d on page 4
Advocate 3
2010 FEDERAL BAR ASSOCIATION NATIONAL CONVENTION HIGHLIGHTS
ASHLEY L. BELLEAU
FEDERAL BAR ASSOCIATION NATIONAL PRESIDENT (cont’d)
bitching (and that was just from me alone) with an astonishing calm
equanimity. I suspect she has some Irish ancestors, since she often
showed the remarkable ability to tell me to go to hell - and made me
look forward to the trip.
Over the course of the succeeding five years she also raised two
splendid children, brought them through their difficult adolescent
years (and all adolescent years are difficult), and sent them both off to
college to join the Crimson Tide. In this endeavor she was joined by
her husband Michael, who in the municipal crisis heard the call of his
own profession. A physician, he stayed behind to attend to the sick,
the injured, and the dying, while the rest of us fled a stricken city.
Ashley L. Belleau and John Pearce
Over the course of the last five years, to my everlasting delight, shared
by my partners, she changed law firms and succeeded in building
a practice which today enjoys the respect of the bench and the bar
alike.
During those dark and difficult early days, it was often tempting to
“...sit and weep by the rivers of Babylon...,” to long for things lost, to
yearn for familiar and less challenging times. Like our new Mayor,
she urged upon us a more forward looking vision, not of what had
been but of what might be, not of mere recovery but of the splendors
that result from a relentless quest for excellence. In short, she called
us to our better selves. And in so doing, she reminded us of our
obligations to each other, of the professional collegiality by which
we are bound.
Virginia Schlueter, Hon. Jerry Brown, Hon. Sarah Vance
Ladies and gentlemen, for some years, many years, it has been my
pleasure to call her my friend. More recently, it has been my privilege
to call her my partner. And tonight, it is my unique and signal honor
to be the first to call her - Madame President. Ladies and gentlemen,
I give you - Ms. Ashley Belleau.
Following Patrick’s introduction, the Hon. Sarah Vance, Chief Judge
of the Eastern District of Louisiana, administered the oath of office.
New Orleans Chapter Past Presidents Matt Moreland,
Virginia Schlueter, and Stevan Dittman;
Natalie M. Walker
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The National Board of Directors is sworn in
Advocate
2010 FEDERAL BAR ASSOCIATION NATIONAL CONVENTION HIGHLIGHTS
Ashley Belleau’s installation as National President of Federal Bar Association was preceded by the
numerous seminars and events of the FBA’s National Convention at the Ritz Carlton in New Orleans.
The convention hosted a full line-up of CLE and the annual awards luncheon which featured numerous awards bestowed upon the New Orleans Chapter, including the Presidential Excellence Award, the
Presidential Citation Award for the 18th Annual Judge Alvin B. Rubin Symposim, and the Outstanding
Newsletter Award for The Advocate. The convention also featured exciting events, including a reception
hosted by the Louisiana Supreme Court, a “Build-a-House” community service project, and parties at
the National D-Day Museum and Mardi Gras World.
Louisiana Supreme Court
Dr. Michael Kiernan, Ashley Belleau, Doug Truxillo
Warren McKenna, Patrick O’Keefe, and Barry Ashe
welcome attendees
Advocate Bruce L. Mayer and Ashley Belleau
Warren McKenna, Hon. Karen Wells Roby,
Virginia Schlueter, and Hon. Ivan Lemelle
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2010 FEDERAL BAR ASSOCIATION NATIONAL CONVENTION HIGHLIGHTS
ANNUAL AWARDS LUNCHEON
Stevan C. Dittman, Barry W. Ashe, and
Wendy Hickok-Robinson
2010 FBA Fellow Inductees, which include the Chapter’s own
Hon. Jay C. Zainey, Stevan C. Dittman and Barry W. Ashe
Steven T. Wax,
recipient of the
Sarah T. Hughes
Civil Rights Award,
with
Kathleen Haley
Virginia L. Schlueter, Stevan C. Dittman, Patrick O’Keefe,
Wendy Hickok- Robinson, and Barry W. Ashe
displaying the Chapter’s awards
NATIONAL D-DAY MUSEUM
Barry Ashe and his wife Susan
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Patrick O’Keefe with his wife Mirna
and daughter Aisling
Advocate
2010 FEDERAL BAR ASSOCIATION NATIONAL CONVENTION HIGHLIGHTS
BUILD-A-HOUSE
MARDI GRAS WORLD
Virginia L. Schlueter and Ashley Belleau
try their hand at Zydeco
Attendees with his Majesty Rex
Matt Moreland
welcomes attendees
Attendees dance the night away
Advocate 7
Ashley L. Belleau Installed as National President
of the Federal Bar Association
Montgomery, Barnett, Brown, Read,
Hammond & Mintz, LLP is honored to
announce that Ashley L. Belleau, a partner in the firm’s New Orleans office, was
installed as the 83rd National President of
the Federal Bar Association on September 25, 2010, during its annual meeting in
New Orleans.
Ms. Belleau maintains a commercial practice with a concentration in arbitration, litigation on the federal and state
court levels, mediation and transactional work. Selected as
a Louisiana Super Lawyer in the area of Business Litigation, she advises businesses, financial institutions, and individuals concerning bankruptcies, contracts, construction,
environmental issues, insurance, medical malpractice, real
estate, corporate, and estate matters.
“Montgomery Barnett has always encouraged its lawyers to
volunteer their time and effort to participate in the programs
of our local, state and national bar associations. For Ashley
to have been recognized by the FBA, which includes the
premier federal court practitioners and judges all over the
country, as its national president is an honor well-deserved
and one which we enthusiastically support”, said Joseph
Tynan, the firm’s Managing Partner.
Ms. Belleau’s election has been applauded by the local
bench. Judge Jay C. Zainey of the Eastern District and a
former Louisiana State Bar Association President states:
Bar Association. This is a great honor not only for Ashley,
but for all of the members of the LSBA. I have no doubt that
Ashley will serve with distinction, and, under her leadership, the Federal Bar Association will continue to maintain
its high standards of professionalism and service to the public and to the Courts.
Marla Hamilton, Clerk of the Bankruptcy Court for the
Eastern District of Louisiana, states:
Ashley is a role model for lawyers. She relates to everyone
in a tactful and diplomatic way. She has good judgment.
The Louisiana Bar is fortunate to have her as a member.
Founded in 1920, the Federal Bar Association serves as the
national representative of federal legal practitioners. The
mission of the FBA is to “strengthen the federal legal system and administration of justice by serving the interests
and needs of the federal practitioner, both public and private, the federal judiciary and the public they serve.” The
Federal Bar Association has more than 15,000 members nationwide, including lawyers, judges, and law students, who
work together to promote the sound administration of justice
and integrity, quality, and independence of the judiciary.
Please join us in congratulating Ms. Belleau on this most
prestigious and well-deserved national honor. For more information, please visit www.monbar.com or contact Ryan
McCabe at [email protected].
I believe Ashley is the second member of the Louisiana State
Bar Association who will serve as President of the Federal
SAVE THE DATE
YLD Holiday Party
December 8, 2010
5:30 - 8:00 p.m.
Great Hall of the U. S. Fifth Circuit Court of Appeals
It will be an enjoyable evening of cocktails and music
with esteemed members of the Federal Judiciary.
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Advocate
COCKTAILS WITH THE COURT
The Younger Lawyers’ Division of the New Orleans Federal Bar Association hosted its inaugural “Cocktails with the Court”
happy hour on August 25, 2010, at Twist Bar at Mike’s on the Avenue. This event was created and organized to provide
an opportunity for young lawyers to meet and get to know members of the local federal judiciary in an informal setting.
Turnout was terrific among lawyer, judges, and judicial staff alike. Given the overwhelmingly positive response from all in
attendance, the YLD is looking forward to hosting this event on a semi-annual basis. Look for the next “Cocktails with the
Court” date in future editions of the Advocate.
Barry Ashe
Amy Malish and Hon. Carl Barbier
Hon. Daniel Knowles
Janet Daley, Hon. Carl Barbier, and
Hon. Stanwood Duval
Hon. Kurt Engelhardt and Ashley Belleau
Advocate Hon. Karen Wells Roby and
Hon. Carl Barbier with attendees
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Please help us honor our judiciary
and celebrate their contributions to our community.
Federal Bar Association
New Orleans Chapter’s
Annual Federal Judges’ Reception
Cocktails and Buffet Dinner
Featuring the Joe Simon Trio
Monday, November 1, 2010
6:30 p.m. - 9:00 p.m.
R.S.V.P. to 504-589-7990
Great Hall of the U. S. Fifth Circuit Court of Appeals • 600 S. Maestri Place
If you are interested in attending this year’s Annual Judges’ Reception, please forward your completed registration form to Camille
Zeller at the Attorney Conference Center, 500 Poydras Street, Room B-364, New Orleans, Louisiana 70130. Please contact Camille if
you are interested in participating as a sponsor of this event.
FEDERAL BAR ASSOCIATION – NEW ORLEANS CHAPTER
ANNUAL FEDERAL JUDGES’ RECEPTION • MONDAY, NOVEMBER 1, 2010
Great Hall of the U. S. Fifth Circuit Court of Appeals • 600 S. Maestri Place • 6:30–9:00 p.m.
Registration Form
Name (Individual or Sponsoring Firm):____________________________________________________________________________
Address: ____________________________________________________________________________________________________
Phone: _________________ Fax: ___________________ E-mail: _____________________________________________________
A. No. of persons attending: ____ at $50.00 per person, or
_____ at $45.00 per person (federal law clerks and employees)
B. Sponsorships: ___
___
___
Platinum ($1,250 – 10 tickets)
Gold
($750 – 5 tickets)
Silver ($500 – 2 tickets)
Total enclosed: $ _______________
Please return this form and remittance to:
Camille Zeller
Attorney Conference Center
Room 364, 500 Poydras Street
New Orleans, LA 70130
Phone: (504) 589-7990
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Sponsors: Please submit a separate list
of the persons who will attend the event.
NOTE: Please make checks payable to:
Federal Bar Association
Advocate
FEDERAL BAR ASSOCIATION 2010
ANNUAL MEETING AND AWARDS LUNCHEON
On July 23, 2010, the New Orleans Chapter held its annual meeting at the new Plimsol Club located in the Westin Canal
Place. Awards were bestowed and Barry Ashe was installed as the new Chapter President. However, the highlight of the
luncheon was Mayor Mitch Landrieu who delivered the keynote address.
New President Barry Ashe presents
outgoing President Stevan Dittman with
a chair for his distinguished service
New president Barry Ashe delivers his
inauguration speech
Mayor Mitch Landrieu delivers the
keynote address
Barry Ashe, Hon. Sarah Vance, Hon. Kurt Engelhardt,
Stevan Dittman
Aimee Quirk address attendees
Hon. Mary Ann Vial Lemmon, Hon. Ivan Lemelle
Advocate Hon. Karen Wells Roby, Hon. Daniel Knowles
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FEDERAL BAR ASSOCIATION 2010
ANNUAL MEETING AND AWARDS LUNCHEON (cont’d)
Hon. Carl Barbier, Wendy Hickok Robinson,
Hon. Marla Hamilton
Former Chapter President Don Haycraft, with attendees
including board member Kelly Scalise
YLD Board Members
Steven Griffith, Jr.,
Mike DePetrillo,
Seth Bloom,
Sarah Mouledoux,
Jenny Englander,
Suzi Scalise,
and
Sunni J. LeBeouf
Kevin Klibert, Brian Ballay
FEDERAL BAR ASSOCIATION
2010-2011 BOARD OF DIRECTORS
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Advocate
NEW MEMBERS
The Federal Bar Association welcomes its new members:
Andrea M. Albright
Sher Garner Et Al LLC
David C. Coons
Adams & Reese LLP
Joshua S. Barnhill
Christina M. Cossich
Cossich Sumich Parsiola & Taylor
Kenneth J. Gelpi
Montgomery Barnett Et Al LLP
Jacob C. Credeur
Coats Rose
Ashley P. Gonzalez
King Krebs & Jurgens PLLC
Adam Babich
Tulane Environmental Law Clinic
Amanda H. Baxter
The Javier Law Firm
Jennifer B. Bechet
Stone Pigman Walther Wittman LLC
Leon J. Bechet
Milling Benson Woodward
Klint E. Beckendorf
Daigle Fisse & Kessenich
Toni Becnel
C. Byron Berry Jr.
Montgomery Barnett Et Al LLP
Michael S. Blackwell
Phelps Dunbar LLP
Meredith W. Blanque
Phelps Dunbar
David P. Borgharat
Jones Walker
Sherrie R. Bourg
Sessions Fishman Et Al
Brandon C. Briscoe
Flanagan Partners LLP
Philip Brooks
Montgomery Barnett Et Al LLP
Cullen J. Brown
Galloway Johnson Et Al
Shannon T. Brown
Galloway Johnson Et Al
Patrick J. Browne
Montgomery Barnett Et Al LLP
Gregory Brumfield Jr.
Jones Walker
Norlisha P. Burke
Rodney & Etter LLC
William M. Burst
Kean Miller Et Al
Mark C. Carver
Busch & Myers LLP
Sarah K. Casey
Baker Donelson
Madeline M. Chimento
Barrasso Usdin Et Al
Laurie D. Clark
Baker Donelson Et Al PC
Kathryn B. Cooper
Baker Donelson
Stephanie B. Coulter
Morris Bart LLC
Jennifer Crose
Rachel E. Culotta
Morris Bart LLC
Jared A. Davidson
Stone Pigman Et Al LLC
Jessica R. Derenbecker
Shields Mott Lund LLP
Matthew L. Devereaux
Inabnet & Jones LLC
Mackenzie L. Dismore
Hailey McNamara Et Al
Megan E. Donohue
Jones Walker
Mary L. Dumestre
Stone Pigman Et Al LLC
Megan M. Dupuy
US District Court EDLA
Ann E. Duvic
Cameron N. Ehsani Landry
Cameron N. Ehsani Landry LLC
Matthew R. Emmons
Gordon Arata LLP
Thomas J. Eppling
Attorney
Joseph H. Escandon
Tulane Law Clinic
Tod J. Everage
McGlinchey Stafford
Ann P. Fenton
Barrasso Usdin Et Al LLC
John Mark Fezio
Stone Pigman Walther Wittmann, LLC
Jessica L. Finan
McCrahie Sistrunk Anzelmo
Tiffany M. Fleming
Leblanc Butler LLC
Katherine K. Fontenot
St. John Baptist Parish Courthouse
Jonathan S. Forester
Blue Williams LLP
John D. Garrett
Irwin Fritchie Et Al LLC
Evan J. Godofsky
Larzelere Picou Et Al LLC
Jasmine A. Gorowara
King Krebs & Jurgens PLLC
Nichole M. Gray
Johnson Gray McNamara LLC
Chris M. Hannan
Baker Donelson
Peter Hardin
United States Marine Corps
Jacob H. Hargett
Davidson Meaux Et Al
Christopher M. Hatcher
Bruno Bruno LLP
Jenna M. Hatty
Falcon Law Firm PLC
Marshall A. Hevron
Adams & Reese LLP
Jennifer M. Hoffman
Sher Garner Et Al LLC
Laura C. Hopes
Anne B. Hoskins
Adams & Reese LLP
Amanda L. Howard
Kean Miller
Ashley E. Hull Boyd
Sruhes & Eppling
George B. Jurgens
King Krebs & Jurgens
Mark E. Kaufman
Jones Walker Et Al LLC
Ron Kitto
Montgomery Barnett Et Al LLP
Parker S. Kornick
Law Ofc of Brenda J. Dearmas-Ricci
Zachary H. Kupperman
The Steeg Law Firm
Mark Ladd
Chad J. Landry
Chopin Wagar Et Al LLP
cont’d on page 14
Advocate 13
NEW MEMBERS (cont’d)
Paul R. Trapani
Sher Garner Cahill
Willard O. Lape
The Lape Law Firm LLC
Kristyl B. Revelle
Bienvenu Foster Et Al LLC
Michael D. Letourneau
Murphy Rogers Sloss & Gambel
Kyla L. Rogers
Funderburk & Herpin
William D. Treeby
Stone Pigman Walther Wittmann LLC
Andrew T. Lilly
Montgomery Barnett LLP
Christopher J. Rouse
Hailey McNamara Et Al
Justin L. Van Alstyne
Stone Pigman
Michael A. Mahone
Liskow & Lewis
Patrick B. Sadler
Provosty Sadler Et Al
Stephanie Villagomez
Phelps Dunbar LLP
Douglas P. Matthews
King Krebs & Jurgens PLLC
William W. Sentell III
Pugh Accardo Et Al LLC
Stephen D. Wadsworth
Phelps Dunbar LLP
David Vincent McLendon
Law Offices of David V. McLendon, LLC
Lori B. Silverstein
Gordon Arata Et Al
Jennifer R. Warden
Middleberg Riddle & Gianna
Matthew D. Simone
Liskow & Lewis
Katie A. Whitman
Phelps Dunbar LLP
Elizabeth R. Richard
Irwin Fritchie Et Al LLC
Sara M. Lewis
Wall Bullington & Cook
David M. Ross
Gordon Arata
Mary C. Trimble
Madro Bandaries PLC
Kara L. Lincoln
Proskaver Rose LLP
Jeremy D. Rush
Montgomery Barnett Et Al LLP
Sarah E. Vandergriff
Phelps Dunbar LLP
Anthony J. Marchese
McGlinchey Stafford PLLC
Ronald J. Scalise Jr.
Tulane Law School
Colleen E. McGaw
Blue Williams LLP
Richard D. Serio Jr.
King Brebs & Jurgens
Jennifer B. McNamara
Baker Donelson Et Al PC
Eva M. Simkovitz
Shapiro & Daigrepont LLP
Conrad Meyer
Chaffe McCall, LLP
Laura L. Singletary
Neblett, Beard & Arsenault
Jose C. Mendez
LaNara St. Angelo & LaNara
Julien Meyer
Meban C. Misko
King Krebs & Jurgens PLLC
Kristin G. Mosely Jones
Bienvenu Foster Et Al
Alana E. Odom
Durio McGoffin Stagg & Ackerman
Christopher G. Otten
Blue Williams LLP
Rajan Pandit
Gauthier Houghtaling & Williams
Alexis Parrish
Montgomery Barnett Et Al LLP
Erin E. Pelleteri
Kelly D. Perrier
Gordon Arata Et Al
Angelique P. Provenzano-Walgamotte
James J. Reeves
Galloway Johnson Et Al
Devin C. Reid
Liskow & Lewis
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Danielle E. Treadaway
Cossich Sumich Et Al
Matthew S. Lejeune
Jones Walker
Dwazendra J. Smith
Davidson Meaux Et Al
Lindsay E. Spann
Carver Darden
Mary M. Spell
Jones Walker
Anthony J. Staines
Staines & Eppling APLC
Sandra L. Sutak
Krebs Farley & Pelleteri PLLC
Melissa M. Swabacker
Deutsch Kemgan & Stiles
Deborah A. Villio
LeBlanc Butler, LLC
Daniel J. Walter
Stone Pigman Et Al LLC
Christine Weiser
Chaffe McCall
Sheila M. Wilkinson
Eraka V. Williams
New Orleans Attorney’s Ofc
Isaka R. Williams
New Orleans Attorney’s Ofc
Stephen L. Williamson
Montgomery Barnett Et Al LLP
Brett D. Wise
Liskow & Lewis
Justin I. Woods
Gainsburgh Benjamin Et Al
Lee B. Ziffer
Kuchler Polk Et Al
Lacey M. Tabary
Dysart & Tabary LLP
Dorothy L. Tarver
Montgomery Barnett Brown Read Hammond
& Mintz, LLP
Jameson M. Taylor
Gieger Laborde & Laperouse LLC
Seth T. Thorp
Barrasso Usdin Et Al
Peter S. Thriffiley
Simon Perugine Et Al
If you would like to become a member of the FBA, or know someone
who would like to become a member,
please call Christopher J. Alfieri,
Membership Chair at 504-593-4204,
or Camille Zeller at 589-7990 for
more information.
Advocate
NEW ORLEANS CHAPTER PRESENTS MEDIATION ADVOCACY WORSHOP
On June 17, 2010, the New Orleans Chapter of the Federal Bar Association presented a Mediation Advocacy Workshop
at the United States Courthouse for the Eastern District of Louisiana. Moderated by United States District Judge Ivan
L. R. Lemelle and Nannette V. Jolivette, panelists included United States District Judge Martin L. C. Feldman, United
States Magistrate Judge Karen Wells Roby, Civil District Court Judge Robin M. Giarrusso, Thomas M. Usdin, M. Nan
Alessandra, and Calvin C. Fayard, Jr. The two-hour CLE covered the following topics: Overview of Stages of Mediation
from Panelists’ Point of View; Confidentiality: What is and what isn’t in Mediation; Role of Attorney and Client; Strategies
to Getting Beyond Impasse; Goals for Mediators and Parties; Court’s Interest in Mediation; and Best Practices Advice.
Judge Martin L. C. Feldman addresses attendees
Panelists Calvin C. Fayard, Jr., Judge Martin L. C. Feldman,
Magistrate Judge Karen Wells Roby, Judge Robin M. Giarrusso,
Thomas M. Usdin, and Magistrate Judge Alma Chasez
MALCOLM MONROE FEDERAL PRACTICE SEMINAR
sponsored by the youngers lawyers division of the federal bar association, new orleans chapter
Thursday, November 18, 2010
Registration 8:00 a.m. • Seminar 8:30 a.m.-1:00 p.m.
Pan American Life Center, 601 Poydras Street, 11th Floor, New Orleans, LA 70130
Each year the Younger Lawyers Division of the Federal
Bar Association New Orleans Chapter, hosts the Malcolm
W. Monroe Federal Practice Seminar. Malcolm W. Monroe
was president of both the national Federal Bar Association
and the New Orleans Chapter and a leader in the New Orleans legal community. It is in his honor that we present this
seminar each year.
The Malcolm W. Monroe Federal Practice Seminar
offers attorneys a unique opportunity to fulfill continuing legal
education requirements and, at the same time, obtain
admission to all federal courts in Louisiana, including the U.S.
Court of Appeals for the Fifth Circuit, in a joint admission
ceremony held at the end of the seminar.
In addition, by registering for the seminar, attendees
become members of the Federal Bar Association, an
organization dedicated to improving the quality of
practice in federal courts and facilitating interaction and
communication between the bar and the judiciary. The many
benefits of Federal Bar Association membership include
invitations to Federal BarAssociation activities and functions,
such as our popular Lunch with the Court program and our
annual Federal Judges’ Reception, special member rates for
CLE programs, complimentary subscriptions to national and
local Federal Bar Association publications and numerous
opportunities to interact with members of the federal bench
and bar.
Speakers for this year’s seminar include: Brian Capitelli of
Capitelli and Wicker; the Honorable Jay Zainey of the Eastern
District of Louisiana; the Honorable Daniel E. Knowles, III of
the Eastern District of Louisiana; and Honorable Sarah Vance,
Chief Judge of the Eastern District of Louisiana. Presentations
will focus on ethics, professionalism, law office management,
and federal practice.
The registration deadline is November 4, 2010.
If you are interested in attending this year’s Malcolm Monroe Federal Practice Seminar, please contact Camille Zeller at the Attorney Conference
Center (589-7990), or visit the website at: www.nofba.org. The packet of district court enrollment forms must be completed and received at the
Attorney Conference Center NO LATER THAN NOVEMBER 4, 2010.
Advocate 15
CLERK’S CORNER
by Hon. Loretta G. Whyte
YOU ARE INVITED
to offer your comments and suggestions on the Proposed Local Rules Revision
A major revision of the court’s local rules, drafted by the court with the assistance of representative members of
the bar, is being published for public comment. Initially, you will notice that the Rules’ references to paper and
“duplicate copies” are gone now that electronic filing is mandatory in the Eastern District. Although most of the
changes in this revision are intended to be stylistic only, there are about a dozen that result in significant substantive
changes. A few of these are highlighted here.
1. The Title - The word “Uniform” is deleted. Although the uniform numbering system is maintained, these Rules
will now apply only to the Eastern District of Louisiana. There will no longer be reference to E, M or W in the Local
Rules for the Eastern District of Louisiana.
2. Local Rule 7.2 Motion Practice: The word “hearing” is deleted here and in all other rules relating to motions.
Under the new rule, motions will now be noticed for “submission,” although Wednesdays remain motion days and
the timing of filing motions and oppositions tied to the noticed “submission” date remains the same. The notice date
will be the date the motion is deemed submitted to the court for decision and after which no further memos may be
filed. This amendment will conform to actual practice and will keep unwary counsel from appearing in person on
motion day when no oral argument is scheduled.
3. Local Rule 16.1 Scheduling Orders: This is the first of several changes eliminating references to the Court’s
CJRA Plan, which has lapsed. Any requirements of the CJRA Plan not expressly incorporated into the Local Rules,
including the former client notice certification for trial continuance motions, are no longer applicable.
4. Local Rule 26.3 Disclosures: This amendment does several things:
-It clarifies that the court will set its own deadlines for Rule 26 disclosures in its scheduling orders. Therefore, the
times set out for disclosures in FRCP 26 (a)(1)(C), (2)(C) and 3(B) do not apply.
-It also means that the “scope” of expert reports will be the full report required by FRCP 26 (a)(2)(B), not the lesser
report that was acceptable under the current reference to the CJRA Plan.
5. Local Rule 67.2 & 67.3 Deposit and Disbursement of Registry Funds: Since most information in the case files
is being submitted electronically, these amendments will assure that the judge and the Clerk of Court continue to
receive accurate information related to motions for deposit and/or disbursement of registry funds.
6. Local Rule 83.2.3 This provision regarding payment of attorney registration fees is being moved from the court’s
Disciplinary Rule into the Local Rules. The amount of the fee is also changed to read “an annual fee in an amount
periodically set by the court en banc and posted for public notice by the clerk of court.”
7. References to criminal practice have been removed from the civil rules and placed in the Local Criminal Rules.
8. Certain Local Rules that are redundant or unnecessary have also been eliminated because the same requirements
now appear in the Federal Rules of Civil Procedure. For example, Local Rule 37.1E has been deleted because the
requirement for a good faith conference before filing a motion to compel already appears in FRCP 37(a)(1).
Considering the important role that Local Rules play in the practice of law in this court, every attorney will want to
take advantage of this opportunity to participate in fashioning the current revision. The amendments highlighted
here are only a representative sample. A summary of all those amendments resulting in substantive change to
practice or procedure is posted on the court’s web site along with the complete proposed revision at www.laed.
uscourts.gov. Your input is welcome and, indeed, is needed.
16
Advocate
Trials & Tribulations
Donna “Donald” Ray Connor v. Gnosis, LLC, et al, 07607, Section B (Bench Trial; September 20, 2010).
Intervention for Attorneys’ Fees
In May 2006, Intervenor signed a contract to represent
plaintiff on a maritime personal injury claim. In July of that
same year, the plaintiff signed a contract with another law
firm and discharged Intervenor. The plaintiff’s case was
settled in October 2009; the contingency fee was $151,000.
At issue is the amount of attorneys’ fees to be awarded to
Intervenor.
Following a bench trial, Intervenor was awarded $7,550 of
the $151,000 in attorney fees.
Kim M. Cazes v. Eustis Insurance, Inc., 09-5456, Section
B (Jury Trial; September 13-14, 2010).
FMLA/State Disability Discrimination in Employment
Kim Cazes, who had worked for Eustis Insurance as a
customer service representative, was fired after developing
and requiring leave for a back condition and related surgeries.
Cazes claimed her termination violated the Family Medical
Leave Act and Louisiana state law prohibiting discrimination
in employment based on a disability.
The jury found that Ms. Cazes had a disability and had been
terminated because of that disability. The jury awarded
$116,000, which included $66,000 in lost wages and benefits
and $50,000 for emotional pain and mental anguish.
Hills v. Fanuc Robotics America, Inc., et al., 04-2659,
Section S (Jury Trial; July 12, 2010)
Products Liability
Norwert Hills, Sr. alleged he was injured while working at
Winn-Dixie when an automated robot used for stacking milk
crates malfunctioned. The robot was surrounded by safety
light curtains that should have disabled it when someone
entered the work area. These curtains, which were supposed
to be water resistant, had been malfunctioning due to water
intrusion from the time they were installed. Mr. Hills alleged
the accident would not have happened if the safety light
curtains had been working properly. He sued the company
that had installed the safety curtains, Smartscan, Inc.
The trial was bifurcated. The jury found that the curtain
installer was 10% liable for the plaintiff’s injuries. The
parties settled before the damages phase of the trial.
USA v. Jalla, et al., 09-228, Section S (Jury Trial July 1720, 2010).
Criminal - Counterfeiting
The defendants were charged with counterfeiting and
conspiracy to counterfeit. The defendants, who were from
Cameroon, drove from Atlanta, Georgia to New Orleans,
Louisiana to perform their scam. Their scam was as follows:
Defendants would convince someone to give them $60,000
real money, from which defendants would counterfeit
$120,000; defendants were to return the $60,000 in real
money, plus $60,000 in counterfeit money to the victim and
keep $60,000 in counterfeit money. In reality, defendants
switched the bundles and kept the real money, leaving the
victim with only counterfeit money.
Both defendants were found guilty on both counts.
Atlantic Sounding Co., Inc. v. Petrey, 06-9688, Section S
(Bench Trial January 11, 2010)
Declaratory Judgment; Maintenance and Cure
A Jones Act seaman claimed to have injured his hip while
working aboard a vessel owned by his employer. The
employer filed suit seeking a declaration that it did not owe
maintenance and cure because the seaman had failed to
disclose that he had a prosthetic hip prior to his employment.
The seaman counter-claimed against his employer under the
Jones Act.
The court found that the seaman had willfully concealed
and intentionally misrepresented medical facts regarding
his hip which were material to the employer’s decision
to hire him. Also, the court found that the dislocation of
employee’s prosthetic hip was not caused by the employer’s
negligence.
Troupe et al v. Allstate Indemnity Company, 09-3815,
Section J (Jury Trial; August 9, 2010)
cont’d on page 18
Advocate 17
Trials & Tribulations (cont’d)
Insurance Contract
The house of Blanca V. Troupe and Jessica Salsbury was
damaged by a fire. Their homeowner’s insurer, Allstate
Indemnity Company, denied the plaintiffs’ claim for personal
property allegedly lost in the fire because the plaintiffs had
misrepresented facts when they submitted their claims.
Following a bench trial, the court rendered judgment for the
plaintiff, but held that the plaintiff was 60% at fault based
on his knowledge of his preexisting injuries/conditions and
his duty as a paramedic to assess situations for safety. The
award was as follows: $95,000 in past lost wages; $150,00
in future lost wages; $80,280.90 in past medical; $150,000
in pain and suffering.
The jury returned a verdict for the plaintiffs, awarding
$67,000.00.
Maria Picard v. St. Tammany Parish Hospitalb, 08-824,
Section R (Jury Trial; June 28-29, 2010)
Mary Gaidry v. Ochsner Health System and Ochsner
Bayou, LLC d/b/a Ochsner St. Anne General Hospital,
09-4433, Section A (Jury Trial; August 9-12, 2010)
Americans with Disabilities Act
Americans with Disabilities Act
Mary Gaidry, who has dyslexia and bipolar disorder,
was employed by Ochsner St. Anne General Hospital
as an ultrasound technologist. Her job duties included
completing impression sheets which recorded the results
of ultrasounds. She alleged her disabilities interfered with
her ability to properly complete the impression sheets, and
that she requested, but was denied, more time in which to
complete them. She also alleged that her manager assaulted
her. She filed suit alleging failure to provide reasonable
accommodations under the Americans with Disabilities Act
and assault.
Following a four day trial, the jury found for the Defendants
on both counts.
Rogers v. Coastal Towing, 09-4259, Section K (Bench
Trial; June 14-16, 2010)
General Maritime Law
The plaintiff, an obese paramedic, responded to a 911 call
from a vessel tied up to dock. At the plaintiff’s request a
vessel crew member put out a gangway; but no steps were
provided to step down from the gangway to the deck of the
vessel. The plaintiff jumped from the gangway to the deck.
When landing on the deck, the plaintiff fell and claimed
to have injured himself including aggravating preexisting
injuries. Plaintiff sued under the general maritime law
alleging that defendant vessel owner failed to provide an
adequate means of ingress to the vessel.
18
The plaintiff suffered from a degenerative neurological
disorder known as Charcot-Marie-Tooth disease. She
resigned from her position as a transcriptionist for St.
Tammany Parish Hospital claiming she was substantially
limited in the major life activity of performing manual tasks,
that she requested an accommodation of a specific voice
recognition dictation software, and that the hospital failed
to reasonably accommodate her. The hospital argued that
she was not disabled under the ADA, that she was capable
of performing her job without accommodation, and that it
was under no duty to accommodate her.
The jury returned a verdict for the defendant, finding the
plaintiff was not disabled under the ADA.
United States of America v. Kevin Lewis, 09-184, Section
B (Jury Trial; June 1, 2010)
Criminal Conspiracy to Distribute Heroin; Aiding and
Abetting in Heroin Distribution
Defendant Kevin Lewis was indicted along with his alleged
co-conspirator, James Anderson, for conspiring and aiding
and abetting in the distribution of 100 or more grams of
heroin. James Anderson pled guilty prior to trial but did
not testify, and no evidence of his conviction was entered
at trial.
The jury found the defendant guilty on both counts.
Advocate
YLD Morning at the Courthouse
On June 23, 2010, the Young Lawyers Division
(“YLD”) of the Federal Bar Associations New Orleans
Chapter hosted its sixth annual “A Morning at the
Federal Courthouse” program. The half-day program
introduced approximately 78 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 on various motions before the
Honorable Sarah S. Vance, the Honorable Carl J. Barbier,
the Honorable Ginger Berrigan, and the Honorable
Stanwood R. Duval, Jr. Several of the participating
judges provided the law clerks an opportunity to have
an informal question and answer period following oral
argument.
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 Carl
J. Barbier spoke on the role of the district court judge,
the Honorable Sally Shushan 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.
Attendees walk through Lafayette Square
Larry Centola, Sara Mouledoux, and Suzanne Scalise
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.
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.
Attendees enjoy the luncheon
Attendees enjoy the luncheon
Advocate 19
Federal Bar Association
New Orleans Chapter
FIRST CLASS MAIL
U.S. POSTAGE
PAI D
c/o Barry W. Ashe
Chapter President
500 Poydras St., Room 364
New Orleans, LA 70130
PERMIT NO. 665
NEW ORLEANS, LA
Interested in becoming a member of
the Federal Bar Association?
Contact:
Federal Bar Association
1220 North Fillmore St., Suite 444
Arlington, VA 22201
(571) 481-9100
Fax (571) 481-9090
www.fedbar.org
or
Membership Chair
Christipher J. Alfieri
c/o Attorney Conference Center
500 Poydras Street, Room 364
Hale Boggs Federal Building
New Orleans, LA 70130
(504) 589-7990
Membership fee includes both national and
chapter membership in the FBA. You can apply
online at www.fedbar.org.
Editorial Board:
Douglas Moore, Raley Alford and Celeste Coco-Ewing
Please contact us at:
[email protected], [email protected],
[email protected]
LUNCH WITH THE COURT
Most recently, the Young Lawyers’ Division sponsored Lunch with the Court programs in August and September. Judge
Lemelle hosted the August luncheon, which was well-attended and at which Judge Lemelle and his staff discussed the various roles they each perform in the administration of the docket assigned to Section “B”. Judge Lemelle also treated the
group of young lawyers and law students to the history of his ceremonial courtroom and stories about some of the judges
that had served on the bench in the Eastern District before him.
In early September, Judge Lemmon was gracious enough to host a luncheon on September 8 while in the midst of a trial.
This program also was well-attended, and Judge Lemmon broached a variety of topics with the attendees, including voir
dire practice tips, the use of technology in the courtroom, and the do’s and don’ts of brief writing.
The Young Lawyers Division again would like to thank Judge Lemelle, Judge Lemmon, and the members of their chambers
for hosting these recent luncheons. Upcoming Lunch with the Court programs are as follows:
Chief Judge Sarah Vance – Thursday, October 21st
Magistrate Judge Sally Shushan – Tuesday, November 16th
Magistrate Judge Joseph Wilkinson – Thursday, December 2nd
Please contact Camille Zeller ([email protected]) if you are interested in attending any of the upcoming
Lunches with the Court.