1. law, govt and politics

Spring Edition 2015
Vol. 24, No. 3
IN MEMORIAM – U.S. DISTRICT JUDGE A. J. McNAMARA
By Judge Kurt D. Engelhardt
The Honorable A. J. “Buddy” McNamara, United States District Judge and former
Chief Judge in the Eastern District of Louisiana (EDLA), passed away on December
2, 2014. Judge McNamara graduated with a degree in engineering from LSU in 1959,
after which he served in the United States Navy before attending law school. He
received his Juris Doctor degree from Loyola University in 1968, and then served as
law clerk for United States District Judge Herbert W. Christenberry in the EDLA. He,
along with several fine attorneys including his brother Henry, founded the Metairie firm
of Hailey, McNamara, McNamara and Hall (now Hailey, McNamara, Hall, Larmann
& Papale) in 1976. The firm grew to become the largest law firm in Jefferson Parish.
His leadership set high standards of practice for the firm that endure to this day. From
1976 to 1980, he served in the Louisiana House of Representatives. On May 5, 1982,
Judge McNamara was nominated by President Ronald Reagan to fill the seat vacated
by U.S. District Judge Edward Boyle, Sr., and was quickly confirmed by the United
States Senate. He served as Chief Judge in the EDLA from 1999 to 2001, and took
senior status in 2001. Judge McNamara and his beloved wife, Alma (known affectionately to all as “Puddin”), lived
in Metairie and raised four children, two of whom became attorneys. He was a wonderful husband and father, and his
pride in his family was always clearly evident.
When his son (and my former colleague at Hailey McNamara) Price McNamara called with the sad news that his
father, and my friend and colleague, Buddy McNamara, had passed, I emailed the news to my fellow judges on the
bench in the EDLA, saying, “I do not think it an overstatement to say that we truly have lost a giant of a judge and
more importantly a giant of a man.”
Judge McNamara commanded attention and respect from everyone who enjoyed his presence. He was plainspoken,
at times brutally honest, in expressing his opinion when asked. He left no room for anyone to question the meaning
of his words. He meant what he said and he said what he meant, regardless of whether it was what one wanted to
hear. When it came to honesty and candor, Judge McNamara was a giant man. He expected nothing less from others,
whether they be lawyers in his court, colleagues, or his doctor, plumber or auto mechanic. In a most refreshing way,
he took everything and everyone at face value. In this day and age, with lots of flowery language, carefully selected
verbiage, vague commitments, diplomatically phrased equivocations, and outright misrepresentations, Buddy
McNamara was refreshing in his honesty and plainspokenness.
cont’d on page 2
Editorial Board: Kathryn Knight, Steve Griffith, Michael Ecuyer
T H E A D V O C AT E
2
IN MEMORIAM – U.S. DISTRICT JUDGE A. J. McNAMARA (cont’d)
Buddy McNamara was also a true man of his word, as an attorney, a state legislator and a judge. Judge
Martin Feldman, friend and colleague of Judge McNamara for over 30 years, stated, “Prior to being
appointed to the federal bench, Buddy and I worked together for Governor David Treen. Buddy was
the Governor’s legislative liaison. And he was perfect for the role. Trusted, diplomatic but direct,
kind, understanding and perceptively brilliant. He was trusted by all with whom he dealt. That’s the
kind of person he was, the kind of judge he was, and the kind of close friend he was.” When Judge
Feldman, then special counsel to the Governor, called to enlist Buddy’s approval of a certain new
legislative bill, both regarding the handling of the legislation and his assistance in getting it passed,
Buddy responded without hesitation, and without considering any opportunity for political benefit,
“Thanks for the heads up, but I want you to know I’m against the proposed legislation.” After hearing
this honest unequivocal answer, Judge Feldman dropped the subject entirely, knowing that Buddy
McNamara was so respected, his opinion so valued, his commitment so firm, that the legislation had
no chance whatsoever of passing. Again, the rare man of principle who has the courage to give his
honest opinion up front, re-enforced by his reputation of being true to his word. But in every aspect of
his life, Buddy McNamara was a man who could be relied upon. He chose his commitments carefully
and took them seriously.
In the EDLA, Judge McNamara was the personification of the institutional gravity and integrity of
the federal court in New Orleans. Early in his career on the bench, he and his colleagues brought new
energy, docket diligence and efficiency, and a unique comradery. Their fishing trips became legendary.
He loved being at his camp or on his boat almost (but not quite) as much as he loved being in his
courtroom trying a case. He basked in the majesty of the law and those who practiced it well in his
court. Many lawyers have spoken of their positive experiences practicing law and trying cases in
front of Judge McNamara; lawyers uniformly describe him as dependably and consistently fair. He
expected detailed preparation, professional conduct, and, as most lawyers used the phrase, “no b.s.”
His intolerance for unprofessional or unprepared lawyers sometimes made him appear gruff and stern,
a grizzly bear of a judge if crossed. But they also knew of his hard work, inquisitive nature, dedication
to the law, and his grace and deep compassion for those litigants who appeared on his docket.
Fifth Circuit Judge Joy Clement, Judge McNamara’s successor as Chief Judge for the EDLA, stated,
“Buddy was totally comfortable and confident being a federal district court judge. He was so good
at it, and he enjoyed the fast pace.” She further recalled that Judge McNamara was soon sought out
by President Reagan to be nominated for a seat on the Fifth Circuit Court of Appeals. Judge Clement
recalled his response, at which his colleagues marveled and which reflected his love of the District
Court, “No thank you. Why would I want to do that?” Judge Ginger Berrigan recalled a poll taken of
lawyers shortly after she joined the court in 1994. When asked to rank all twelve of the then-sitting
district judges as to both demeanor and intelligence, Judge McNamara was the only one who scored
both a “nice” ranking and a “smart” ranking. His keen insight and commensurate sensitivity combined
for a remarkable judicial demeanor – a giant among district judges.
His friend Senior Judge Peter Beer perhaps described Judge McNamara’s judicial career the best: “He
was just an outstanding partner on the bench, just unusually competent, reasonable and efficient. He
was very much a down to earth regular guy.” This made him a luminary in the EDLA, and endeared
him to judges and lawyers alike. I would like to claim him as my mentor, but the truth is he remains a
mentor for all of us.
cont’d on page 3
Because of the quality of his life amongst us, I believe that death is nothing at all to Buddy. Since his
passing in December, I still often refer to him in the present tense, and will for a long time. Although
he is now cradled in God’s loving arms, I believe he has only slipped away into the next room – that
he will always be our colleague, friend, and inspiration – a guiding hand never far from our reach. His
name will be spoken fondly and frequently in the federal court complex for years to come. I chose him
to administer the judicial oath to me in December 2001, and I have the humbling honor to occupy the
third-floor chambers that Judge McNamara occupied for twenty years. There are days when I reflect on
issues pending, or current events, or other controversies and wonder what Buddy would think of them,
what advice he might give. Sometimes the answers then become apparent; other times they remain
vexing. In those moments, knowing Buddy would always have not just an answer, but the right answer,
reminds me that truly a giant was here. And to put it as bluntly as Buddy would have, I will say for all
who knew him, “Thank you, Buddy. We love you and will miss you.”
– Judge Kurt D. Engelhardt joined the EDLA bench in December 2001, and served as
President of the New Orleans Chapter of the FBA from 2011-12. Prior to joining the
bench, he was a partner at Hailey, McNamara, Hall, Larmann & Papale.
Message from the President
By: CHRISTOPHER J. ALFIERI
Let’s get reacquainted…
I’m convinced that the more we
know about you, our Members,
the better we are at serving your
interests and needs. Simple
logic, right? Only there are
1200+ member practitioners in
the New Orleans Chapter of the
Federal Bar Association from a variety of practice
backgrounds, and we need the candid, honest input
of each and every one of you to succeed in bringing
you the best member experience possible!
you prefer, you may complete the questionnaire
online at: https://www.surveymonkey.com/s/
fbamembersurvey15. As you’d expect, the
more members who respond, the more accurate
and up-to-date our information will be, so please
let us hear from all of you!
I’m also pleased to announce our Spring 2015
Membership Drive! New members who join
during the months of March, April, and May
will receive their first three (3) hours of CLE
FREE! Please encourage your non-member
friends and colleagues to join the New Orleans
This issue of The Advocate contains a short New Chapter of the Federal Bar Association, and
Orleans Chapter Member Questionnaire let them know about our excellent upcoming
designed to gather important information about programs.
our members. Your responses will help us offer This month we’re bringing you more of what we do
targeted programs and services intended to improve best with a new “Federal Practice & Procedure
your professional lives. One thing I know for sure Series” on March 25 – 26, 2015. The program will
is that we are all busy in life and the practice of law, comprise four separate 2-hour segments (10:00
so we’ve made it simple and easy. Please take just a am – 12:00 pm & 3:00 pm - 5:00 pm) over two
few minutes to complete the attached questionnaire days at the Eastern District courthouse. You may
and return it to us in the envelope provided, or, if register by the session, or for the entire series and
cont’d on page 4
T H E A D V O C AT E
IN MEMORIAM – U.S. DISTRICT JUDGE A. J. McNAMARA (cont’d)
3
T H E A D V O C AT E
4
Message from the President
earn up to 8 hours of CLE. Join a distinguished
panel of federal judges and practitioners to learn
about the latest developments and practice tips
in: •Preparing the Pre-Trial Order and Trial
Issues •Amendments to Discovery Rules
and E-Discovery •Rule 12 and •Bankruptcy
Jurisdiction, Removals, Trials, Appeals and
Other Practical Issues. Following the March
26th program, please join us at 5:00 pm for a
cocktail reception in the Michaelle Pitard Wynne
Attorney Conference Center, Hale Boggs Federal
Building, room B-245.
In April, please join us for a program entitled
“State Versus Federal Rules Of Civil
Procedure: Similarities and Differences”
on April 22, 2015, from 3 pm – 5 pm (2
Hours of CLE) with the Hon. Jane Margaret
Triche-Milazzo, Judge, U.S.D.C., EDLA and
practitioners M. Nan Alessandra and William D.
Aaron, Jr. This program will focus on notable
similarities and areas of significant difference
between the state and federal rules and will be
of special interest to our many members with
mixed state and federal court practices.
In May, stay tuned for the 23rd Annual Judge
Alvin Rubin Symposium, one of our Chapter’s
most popular recurring programs, a discussion
with distinguished speakers on aspects of federal
law or federal practice held as a living memorial
to Judge Alvin B. Rubin’s significant contribution
to federal jurisprudence and legal scholarship (2
(cont’d)
Hours of CLE: Ethics & Professionalism). As has
been our longstanding tradition, this promises to
be a very special program.
As we look forward, we also pause to look back.
This issue contains a thoughtful piece written
in memoriam of the Honorable A.J. “Buddy”
McNamara, United States District Judge and
former Chief Judge in the Eastern District of
Louisiana, by Judge McNamara’s friend and
colleague, the Hon. Kurt D. Engelhardt, EDLA.
Judge McNamara passed away on December 2,
2014. He was an accomplished attorney, state
legislator, and judge who touched the lives of
so many in this community, and his absence is
felt deeply by those who were fortunate to have
known him.
Finally, a word of thanks to all of YOU, OUR
MEMBERS, for your continued support and
involvement in the New Orleans Chapter. In
January, many of you attended our Attorney
Conference Center open house event and met
our new Executive Director, CC Kahr. You also
joined us for the YLD’s January 30th Round Table
Club panel with the National FBA Board of
Directors and the Tulane and Loyola law school
divisions, the February Human Trafficking CLE
in partnership with Eden House and the U.S.
Attorney’s Office for the EDLA, and, most
recently, the Pro Bono CLE featuring Professor
Kenneth Starr, all noted in this issue. THANK
YOU, and here’s to a great year ahead!
SAVE THE DATE FOR UPCOMING EVENTS
23rd Judge Alvin Rubin Symposium
May 14, 2015
2:00 pm – 4:00 pm
State Versus Federal Rules of Civil Procedure: Similarities and Differences CLE
April 22, 2015
3:00 pm – 5:00 pm
Be sure to check future issues of The Advocate and monitor our website, www.nofba.org,
and Facebook page for exact details.
March 25 – 26, 2015
U.S. District Court – EDLA
500 Poydras Street, Room C-227, New Orleans, Louisiana
Agenda
March 25, 2015
March 26, 2015
9:00 – 11:00 am:
Preparing the Pre-Trial Order and Trial
Issues
Judge Nannette Jolivette Brown, U.S.D.C. –
EDLA
Paul M. Sterbcow, Lewis Kullman
9:00 – 11:00 am:
Rule 12
Judge Carl J. Barbier, U.S.D.C. – EDLA
Donna Phillips Currault, Gordon Arata
3:00 – 5:00 pm:
Amendments to Discovery Rules and
E-Discovery
Mag. Judge Michael B. North, U.S.D.C. – EDLA
Mark Beebe, Adams and Reese
3:00-5:00 pm:
Bankruptcy Jurisdiction, Removals, Trials,
Appeals and Other Practical Issues
Judge Jerry Brown, U.S. Bankruptcy Court
Mark A. Mintz, Jones Walker
Erin Arnold, Clerk to Judge Jerry Brown, U.S.
Bankruptcy Court – EDLA
Alicia Bendana, Lowe Stein
Details
Date & Time: March 25 – 26, 2015
9:00 – 11:00 am; 3:00 – 5:00 pm
(Please allow sufficient time for security screenings
at the Courthouse. Registration opens 30 minutes
before the program.)
Location: U.S. District Court - EDLA, 500
Poydras Street, Room C-227, New Orleans
CLE: 2 Hours of CLE credit per session with
a total of 8 Hours
Registration Fees:
FBA Member Discount - $35/session
(Two Hours of CLE)
FBA Member Discount for entire Series – $110
(Eight Hours of CLE)
Non-Members - $50/session
(Two Hours of CLE)
Non-Members for entire Series - $175
(Eight Hours of CLE)
Cocktail Reception to follow Federal Practice CLE Series’ conclusion on Thursday, March 26th at
5:00 pm in the Attorney Conference Center, 500 Poydras Street, Rm. B-245, New Orleans.
cont’d on page 6
T H E A D V O C AT E
Federal Practice CLE Series
5
T H E A D V O C AT E
6
Federal Practice CLE Series Registration
1. To register online, please go to www.nofba.org OR
2. Contact CC Kahr, Executive Director, Federal Bar Association - New Orleans Chapter, at
[email protected] or (504) 589-7990 OR
3. Complete the form below:
2015 Federal Practice CLE Series
Name: _________________________________________________________________________
Firm/Organization: ______________________________________________________________
Telephone:___________________________ Email: ____________________________________
Please indicate the program(s) you wish to register for:
FBA Member
___ Federal Practice CLE Series – All four programs on
March 25th and 26th, 2015 which includes eight hours
of CLE
Non-Member
$110
$175
$ 35
$ 35
$ 35
$ 35
$ 50
$ 50
$ 50
$ 50
or by the session (two hours of CLE each)
___ Preparing for the Pre-Trial Order and Trial Issues
___ Amendments to Discovery Rules and E-Discovery
___ Rule 12
___ Bankruptcy Jurisdiction, Removals, Trials, and
Other Practical Issues
Total $ _______
Please remit payment to: Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Room
B-245, New Orleans, LA 70130.
For information, please contact CC Kahr, Executive Director, Federal Bar Association, New Orleans
Chapter, 500 Poydras Street, Room B-245, New Orleans, LA 70130 at (504) 589-7990.
Magistrate Judge Joseph Wilkinson, along with his
staff Ms. Mosley and Ms. Manchester, hosted the
FBA’s Lunch with the Court Program in his courtroom on January 29, 2015. Over lunch, a group
of 12 young lawyers learned of Judge Wilkinson’s path to becoming a Magistrate Judge. Judge
Wilkinson also shared some of his family’s history,
as well as his love for writing and craftsmanship.
T H E A D V O C AT E
LUNCH WITH the court PROGRAM
The group discussed the young lawyer’s conundrum of attempting to balance competing interests, e.g., following your passion versus affording
to raise a family, and the desire to excel professionally versus taking personal time to unwind
and/or pursue hobbies. The attendees were privileged to get to know our local federal district’s
Chief Magistrate Judge.
HUMAN TRAFFICKING CLE
The Younger Lawyers Division of the Federal Bar
Association, New Orleans Chapter, together with
Eden House and the United States Attorneys’ Office for the Eastern District of Louisiana recently
hosted a seminar and CLE on human trafficking.
Human trafficking is both a global and local phenomenon, having a profound effect on its victims.
The seminar was well attended by attorneys, law
enforcement officers, mental health professionals,
and non-profit organizations.
Kara Van de Carr, Founder and President
of Eden House
United States Attorney Kenneth Polite, Assistant
United States Attorney Julia Evans, Scott Santoro, Program Manager, Strategic Training Development, Federal Law Enforcement Training Center, and Special Agent Taneka Harris, FBI Crimes
Against Children, discussed federal investigation
and prosecution of human trafficking.
Hon. Joy C. Lobrano, LA Fourth Circuit Court of Appeal, Katherine Green, Founder of Eden House,
Law Clerk to U.S. District Judge Shelly D. Dick, and Don Doner, LA State Police Investigative Specialist, discussed Louisiana laws against human trafficking, which are some of the toughest in the country.
Hon. Desiree M. Charbonnet, Chief Judge of Orleans Municipal Court, discussed the implementation
and success of a prostitution diversion program.
Finally, Kara Van de Carr, Founder and President of Eden House, discussed how Eden House is operated
to support victims of human trafficking and legislation providing Louisiana the strongest laws against
human trafficking. Vivienne Hayne, JD, MD, advised attendees on the psychological trauma suffered by
victims of human trafficking, and discussed the signs that suggest someone has been a victim.
7
T H E A D V O C AT E
FBA HOSTS CLE: “UNPOPULAR DEFENDANTS:
From John adams to guantanamo”
The Federal Bar Association, New Orleans Chapter hosted a CLE entitled “Unpopular Defendants:
From John Adams to Guantanamo - Serving the Profession through Pro Bono Work” on Tuesday,
March 3, 2015. This two-hour ethics and professionalism CLE featured:
• Ken Starr, distinguished academician, lawyer and public servant,
• Claude Kelly, Federal Public Defender,
• Erin Arnold, clerk to the Hon. Jerry Brown, U.S. Bankruptcy Court,
• Kathleen Gasparian, Gasparian Immigration, and
• Martin Stern, Adams and Reese.
The panel explored topics ranging from representing immigration cases and death row inmates to pro
bono opportunities in the Eastern District of Louisiana.
8
Ken Starr, Erin Arnold,
Martin Stern, Kathleen Gasparian,
Claude Kelly, Christopher Alfieri
Ken Starr, Alice Starr,
Judge Mary Ann Lemmon,
Retired Supreme Court Justice
Harry Lemmon
Kathleen Gasparian,
Erin Arnold, Ken Starr,
Martin Stern,
Christopher Alfieri,
Claude Kelly,
The Honorable Mary Ann
Lemmon
On December 18, 2014, Judge Mary Ann Vial
Lemmon hosted a group of public interest students
from George Washington University Law School,
who were visiting New Orleans as part of the
annual Gulf Recovery Network initiative. Erin
Arnold, Law Clerk to Bankruptcy Judge Jerry
Brown, discussed the Federal Bar Association,
New Orleans Chapter’s pilot pro bono program
for civil cases in the United States District Court
for the Eastern District of Louisiana. Kathleen
Gasparian, an immigration lawyer with
Ware/Gasparian, discussed the Federal Bar
Association’s initiative on pro bono work with
immigrants. She specifically discussed a pro
bono program that she helped to implement to
aid unaccompanied minors in the immigration
court. Both talks were well received and met
with lively questions and discussion from the
students.
MICHAELLE PITARD WYNNE ATTORNEY CONFERENCE CENTER OPEN HOUSE
Members of the bench and bar visited the
new Michaelle Pitard Wynne Attorney
Conference Center for an Open House held
on Wednesday, January 21, 2015. Guests
enjoyed touring the new center along with
mingling over light refreshments. Members
of the New Orleans Chapter of the Federal
Bar Association’s Board of Directors and
Executive Director, CC Kahr, were on hand
to greet those in attendance.
Located on the second floor of the Hale
Boggs Federal Building, the Attorney Conference Center is the home of the New Orleans Chapter of the Federal Bar Association and features three private conference
rooms, a lounge, and a computer workroom
with Internet, copy, fax and print services.
The Lounge provides a quiet and comfortable place to work or relax. The conference
rooms provide an ideal location for neutral
site depositions, mediations, and mid-trial
negotiations. Stop by Room B-245 to learn
about the many resources available to attorneys conducting business in the court.
T H E A D V O C AT E
PRO BONO DISCUSSION WITH STUDENTS FROM
GEORGE WASHINGTON UNIVERSITY LAW SCHOOL
9
T H E A D V O C AT E
10
YLD HOSTS ROUND TABLE CLUB EVENT
On January 30, 2015, the Younger Lawyers Division and the National FBA sponsored a roundtable
discussion for our Tulane and Loyola law school division members. Law students in attendance were
fortunate enough to have the opportunity to listen to and interact with an excellent panel of federal
judges, including
•
District Judge Jane Triche-Milazzo, Eastern District of Louisiana,
• Magistrate Judge Michael B. North, Eastern District of Louisiana,
• Magistrate Judge Michael J. Newman, Southern District of Ohio, and
• Chief District Judge Brian A. Jackson, Middle District of Louisiana.
The event was organized to coincide with the National Federal Bar Association’s Annual Board of
Directors’ Meeting in New Orleans, which allowed several members of the National FBA Board,
including its president, Matthew A. Moreland, to attend the event. The panel discussion was moderated
by Laura F. Ashley and Michael B. DePetrillo, both members of the Younger Lawyers Division, and
covered topics ranging from how each judge made their way to the federal bench to practice tips for
young attorneys. Following the panel discussion, a cocktail reception was held, allowing the members
of the panel, the law school divisions, the Younger Lawyers Division, the New Orleans FBA Board, and
National FBA Board to visit with one another.
The Younger Lawyers Division would like to thank Matthew A. Moreland and the National Federal Bar
Association for agreeing to co-sponsor the event. We hope to repeat similar events in the coming years
as we expand programming for our law school divisions.
On February 5, 2015, the United States Fifth Circuit sat at Tulane University Law School. The panel of
Judges E. Grady Jolly, Jacques L. Wiener, Jr., and Edith Brown Clement heard three cases in the packed
Wendell H. Gauthier Appellate Moot Court Room. The cases covered a variety of topics, including the
validity of a tax sale and whether the Texas Education Agency is required to ensure that private driver
education businesses it contracts with comply with the Americans with Disabilities Act. Prior to the
sitting, the Tulane Student Division of the Federal Bar Association had breakfast with the judges. The
students took the opportunity to discuss different topics with the judges, such as what it’s like to be a
federal judge, how they became federal judges, and what they look for in clerkship candidates.
Vice Dean Ron Scalise, Ryan McLaren, Amanda Serfess, Graham Williams,
Judge Edith Brown Clement, Judge E. Grady Jolly, Judge Jacques L. Wiener, Jr.,
Kate Decker, Erin Tyrer, and Dean David Meyer
NEW MEMBERS
The Federal Bar Association welcomes its new members:
Douglas E. Alongia
Tonry Brinson & Glorioso LLC
Kristen L. Burge
Beahm and Green
Erin R. Anapol
Lugenbuhl Wheaton Peck Rankin & Hubbard
Jeremy Call
The Derbes Law Firm
Andrew J. Baer
Deutsch Kerrigan & Stiles
Dustin Chimento
Morris Bart LLC
Travis A. Beaton
Sher Garner
Brian A. Clark
King Krebs & Jurgens PLLC
Rory V. Bellina
The Derbes Law Firm LLC
Erin Cloyd
Morris Bart LLC
Kelsey L. Bonnaffons
Galloway Johnson Tompkins Burr & Smith
Rachael M. Coe
Breazeale Sachse & Wilson LLP
Alaina E. Brandhurst
Morris Bart LLC
cont’d on page 12
T H E A D V O C AT E
FIFTH CIRCUIT COMES TO TULANE
11
T H E A D V O C AT E
12
NEW MEMBERS (cont’d)
James R. Daniel
Tulane Law School
Elizabeth S. Horn
Stanley Reuter Ross Thornton & Alford
Victor M. Dantin
Morris Bart LLC
Nicole C. Katz
Chaffe McCall LLP
Adam Davis
Phelps Dunbar LLP
Sharika L. King
Morris Bart LLC
Eva Dossier
Stanley Reuter Ross Thornton & Alford
Andrew B. Kingsley
Phelps Dunbar LLP
Emmitt Dubose III
Duncan Sevin LLC
Bradley C. Knapp
Locke Lord LLP
Stephen J. Eckholdt
Lobman Carnahan Batt Angelle & Nader
Alexis C. Kyman
Ashley Edwards
Swetman Baxter Massenburg LLC
John J. Elmer Jr
Edward J Womac Jr & Associates
Allyson LaBruzza
Loyola University New Orleans College of Law
Elizabeth C. LaVance
The Law Office of John J Finckbeiner Jr
Nina W. English
Gordon Arata McCollam et al LLP
Laurence D. LeSueur Jr
Barrasso, Usdin, Kupperman, Freeman
& Sarver LLC
Samuel J. Ford
Sessions Fishman Nathan & Israel
Tamara J. Lindsay
Coats Rose Yale Ryan & Lee
Jason M. Freas
Johnson Yacoubian & Paysee
Shalane E. Loehn
Morris Bart LLC
Kevin M. Frey
DeRouen Law Firm
Joanne Mantis
King Krebs & Jurgens PLLC
Mary E. Gaber
Wall Bullington & Cook LLC
Randy J. Marse
Liskow & Lewis APLC
Ryan E. Gaudet
Edward J Womac Jr & Associates
Ryan T. Martin
Fowler Rodriguez LLP
Abigail F. Gerrity
Galloway Johnson Tompkins Burr & Smith
Elizabeth B. McDermott
McCranie, Sistrunk, Anzelmo, Hardy,
McDaniel & Welch
Gillian B. Gibbs
Coats Rose Yale Ryan & Lee
Linda E. Gonzales
Morris Bart LLC
Laura B. Green
Johnson Gray McNamara
Matthew J. Hamilton
Duncan & Sevin
Linda A. Hewlett
Duplass Zwain Bourgeois Pfister & Weinstock
Sarah W. Hickman
Chopin Wagar Richard & Kutcher LLP
Mirais M. Holden
Liskow & Lewis APLC
Andrew J. Miner
Nalley and Dew APLC
Ebony S. Morris
Forman Perry Watkins Krutz & Tardy
Jared A. Mouradian
Chopin Wagar Richard & Kutcher LLP
Claire A. Noonan
Irwin Fritchie Urquhart & Moore LLC
Jonathan D. Parker
Morris Bart LLC
Olivia W. Philipp
Dutel Law Firm
cont’d on page 13
Rachel A. Pickens
Lower 9th Ward for Sustainable Engagement
and Development
Amanda M. Plaiscia
Kinney, Ellinghausen, Richard & DeShazo
Graham J. Rees
Charbonnet Law Firm LLC
John K. Richards
Cowan & Lemmon LLP
Jennifer R. Rust
Voorhies Law Firm
Aisha A. Sanders
Sanders Law Firm PLLC
McClain R. Schonekas
Kean Miller LLP
Kevin R. Sloan
SBM Legal LLC
David K. Smith
Morris Bart LLC
Geoffrey M. Sweeney
The Kullman Firm
Allison Tassin
Simon Peragine Smith Redfearn
Reshonda W. Thompson
Morris Bart LLC
Katherine W. Trotter
Forman Perry Watkins Krutz & Tardy
Joseph R. Ward III
The Kullman Firm
Clark Warden
David M Schroeter
Gieger Laborde & Laperouse
Christopher J. Sellers
Sullivan Stolier Knight LLC
Jacob K. Weixler
Locke Lord LLP
Alexander L. Williams
Galloway Johnson Tompkins Burr & Smith
If you would like to become a member of the FBA, or know someone who would like to become a member,
please call Raley Alford, Membership Chair, at (504) 523-1580, or the Attorney Conference Center at
(504) 589-7990 for more information.
TRIALS AND TRIBULATIONS
Trials and Tribulations is your quarterly summary of matters recently tried in the United States District
Court for the Eastern District of Louisiana.  Organized by topic, the summaries below are compiled by
the Editorial Board from Verdict Reporting Forms provided by the Court.
vCRIMES AND CRIMINAL PROCEDURE
Ø33 U.S.C. §1908(a) (Act to Prevent
Pollution from Ships); 18 U.S.C. §1505
(Obstruction of Justice); and 18 U.S.C.
§1512(b)(3) (Witness Tampering)
In United States v. Matthaios Fafalios,
defendant Fafalios, a Greek foreign national
and Chief Engineer of the M/V Trident
Navigator, was charged with knowingly
failing to accurately maintain the ship’s
Oil Record Book by failing to disclose
discharge of bilge water, in violation of the
Act to Prevent Pollution from Ships and
MARPOL. Specifically, the Government
alleged that defendant Fafalios employed a
“magic pipe” to improperly discharge bilge
water overboard and bypass the Oily Water
Separator.
The United States also charged defendant
Fafalios with one count of obstruction of
justice for falsely stating to Coast Guard
investigators that the pipe equipment was
not used to bypass the Oily Water Separator,
cont’d on page 14
T H E A D V O C AT E
NEW MEMBERS (cont’d)
13
T H E A D V O C AT E
14
TRIALS AND TRIBULATIONS (cont’d)
and with one count of witness tampering
for instructing other crew members to deny
that bypass equipment was used to discharge
bilge water.
After deliberating for approximately six
hours, the jury found Fafalios guilty on all
counts.
Docket No.: 14-128, Section K (Jury trial
held December 8 – December 16, 2014).
vPRODUCT LIABILITY
In Leah Arnold Vita v. Rooms to Go
Louisiana Corp., plaintiff purchased a glass
table from defendant in 2008, which she
alleges was described by defendant as being
“shatterproof” and composed of “safety
glass.” In August 2012, while plaintiff was
in the process of moving furniture into a
storage area, she alleges that the glass table
top fell over and broke into large shards, one
of which pierced her leg, necessitating two
surgeries.
vCIVIL ACTION
Ø42 U.S.C. §1983 and Louisiana Tort Law
In Norvel Lassere v. Keith Carroll, et
al., plaintiff contended that St. John the
Baptist Parish Sheriff’s deputies used
unconstitutionally excessive force and/or
were negligent when one of the deputies shot
and killed his mother. Plaintiff’s mother, who
had no criminal record and no known history
of substance abuse or diagnosed mental health
problems, was pulled over for a traffic stop.
She refused to exit the car, brandished a gun,
threatened to kill the officers, and then drove
off slowly, finally stopping in a driveway
some distance away. During an 18-minute
standoff, plaintiff’s mother continued to sit in
the driver’s seat, refused repeated commands
to exit the car, and kept moving her hands
into and out of the deputies’ sight while they
tried to negotiate with her. The deputies, all
of whom knew that the decedent had a gun,
testified that one of them shot the decedent
when she took her hands off the steering wheel
and reached down toward the passenger side
of the car. One deputy then yelled “Gun!,”
although neither she nor the shooter saw the
gun at that moment. The shooter thought that
the decedent had the gun at that time, so he
fired his weapon.
Plaintiff claimed that defendant was
liable under the Louisiana Product Liability
Act because the table top was defective in
design, as it was not composed of safety
glass, and because defendant breached an
express warranty by describing the table as
being composed of safety glass. Plaintiff
also claimed that defendant breached the
warranty against redhibition because the table
was defective in that it was not composed of
safety glass.
A jury found for the plaintiff, awarding
$500,000.00 on the state law negligence
claim. The jury also assessed the decedent
with 50% fault, thereby reducing the award
to $250,000.00.
The jury rejected Plaintiff’s Louisiana
Product Liability Act and redhibition claims
and returned a verdict in favor of defendant.
Docket No. 13-5430, Division 2 (28
U.S.C. §636(c) consent case) (Jury trial held
February 9 – February 10, 2015).
Docket No. 13-6208, Section J (Jury trial
held December 8 – December 9, 2014).
April 22, 2015 – 3:00 – 5:00 pm
U.S. District Court – EDLA
500 Poydras Street, Room C-224, New Orleans, Louisiana
Please join the Hon. Jane Triche Milazzo, M. Nan Alessandra, and William D. Aaron, Jr. for an
in depth discussion on the similarities and differences in the state and federal rules of civil procedure
- distinctions with a difference. This discussion is geared for those practitioners who practice in both
federal and state courts who must be familiar with the nuances among the ever changing rules that
govern federal and state practice and procedure. In this seminar, the panel will address key topics
such as:
•
•
•
•
•
•
Notable Similarities and Areas of Significant Difference between the State and Federal Rules
What is the difference between Notice and Fact pleading?
Exceptions and Rule 12 Motion Practice
Notable Differences between State and Federal Rules regarding Discovery
How important are local rules?
Initial Disclosures and other Pre-Discovery procedures
Details
Date & Time: April 22, 2015 from 3 to 5 pm
(Please allow sufficient time for security
screenings at the Courthouse. Registration
opens 30 minutes before the program.)
Location: U.S. District Court - EDLA,
500 Poydras Street, Room C-224, New
Orleans
CLE: 2 Hours of CLE credit
Registration Fees:
FBA Member Discount - $40
Non-Members - $60
1. To register online, please go to www.nofba.org OR
2. Contact CC Kahr Executive Director, Federal Bar Association - New Orleans Chapter, at [email protected] or (504) 589-7990 OR
3. Complete the form below:
Name:________________________________________________________________________________
Firm/Organization: _____________________________________________________________________
Telephone: ____________________ Email: __________________________________________________
Please indicate the program(s) you wish to register for:
FBA Member Non-Member
____ State vs. Federal Rules of Civil Procedure CLE$40$60
For information, please contact CC Kahr, Executive Director, Federal Bar Association, New Orleans
Chapter, 500 Poydras Street, Room B-245, New Orleans, LA 70130 at (504) 589-7990.
Total $_________
Please remit payment to: Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Room B-245,
New Orleans, LA 70130.
T H E A D V O C AT E
State versus Federal Rules of Civil Procedure:
Similarities and Differences CLE
15
Federal Bar Association
New Orleans Chapter
c/o Christopher J. Alfieri
Chapter President
500 Poydras St., Room B-245
New Orleans, LA 70130
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
Raley Alford
c/o Attorney Conference Center
500 Poydras Street, Room B-245
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: Kathryn Knight, Steve Griffith, Michael Ecuyer
Please contact us at:
[email protected]
[email protected]
[email protected]
FIRST CLASS MAIL
U.S. POSTAGE
PAI D
PERMIT NO. 385
NEW ORLEANS, LA