Editorial Board: KEnt Morrison, Brian CapitElli, and palMEr laMBErt

Fall Edition 2016 Vol. 26, no. 1

MESSAGE FROM THE PRESIDENTBY: KELLY SCALISE

The start of fall often brings changes: the beginning of the school year, the promise (or at least hope) of cooler weather, and the installation of new leadership at the New Orleans Chapter. I am deeply honored to serve as President of this great Chapter. My membership in the Chapter began in 2001. After my clerkship, I was sworn

into the federal courts of Louisiana at the Malcolm Monroe Federal Practice Seminar as a brand new associate. Service followed on the board of the Younger Lawyers Division and eventually the Chapter Board. With the Federal Bar Association, and the Chapter, in particular, having been so professionally and personally fulfilling, I could not be more honored to lead this great Chapter.

One of the many strengths of our Chapter is a history of great leadership. Judge Sarah Vance, whom I succeed as President, is a perfect example. Her judicial experience is incomparable: Chief Judge of the Eastern District, appointed member of the Executive Committee of the Judicial Conference, and Chair of the Judicial Panel on Multi-District Litigation. So too was her Chapter leadership. Under Judge Vance, the New Orleans Chapter was awarded the Federal Bar Association’s most prestigious award - Chapter of the Year. The Chapter remains the largest in the country, with over 1200 members. Its programs have reached the lives of many, including at risk youth who were mentored through a conflict resolution process. Thanks to Judge Vance for her inspiring leadership.

The Board of Directors and Younger Lawyers Division Board continue to be stalwarts of the Chapter. All board

members graciously volunteer their time and talents for monthly meetings and countless hours of planning committees for events and programs. I would like to personally thank the board members for their service.

Thanks also to all those who contributed to the SOLACE gift card drive for those affected by the devastating floods throughout the state. The Chapter raised over $4500 in gift cards distributed to members of the legal community in both the Eastern and Middle Districts.

The Chapter will continue to be the premiere bar association for federal practice. I invite you to join us for the Federal Judges Reception on November 9, to honor the members of our federal bench. I invite younger lawyers and newly admitted lawyers to attend the Malcolm Monroe Federal Practice Seminar and Holiday Party on December 7. The Cultural Heritage CLE, a personal favorite of mine, will be held on December 9. An Admiralty Section CLE will be presented to the New Orleans Chapter on December 1. The Chapter will hold the Federal Practice series next year, which enjoyed record attendance last year.

Finally, members of the Chapter often ask how to become more involved. Beginning this year, the Chapter will offer Admiralty, Criminal Law, Diversity, Energy Law, Environmental Law, Federal Litigation, Labor and Employment and Immigration committees. Membership in these committees, which offer valuable substantive and networking opportunities, will be open to all Chapter members. Please be on the lookout for a call to join and to become involved in the Chapter.

Although the cool weather may elude us for a few months, I am looking forward to autumn and a great year for the New Orleans Chapter.

Introduction to Civil Rights Litigation CLE EDLA Civil Pro Bono Program

November 3, 2016 • 12 noon – 2 p.m.

A free CLE for young attorneys who have volunteered, or are considering volunteering for the Eastern District’s pro bono program to represent plaintiffs in civil rights (mainly 42 USC § 1983 Prisoner and Police) litigation. Two hours of CLE (one hour of professionalism) offered. A light lunch will be served.

Phyllis Glazer and James Mullaly will explore the various Federal Rules of Civil Procedure that arise and apply in civil rights cases. They will examine the substantive constitutional issues that commonly arise in prisoner and police suits as well as the legal elements of the corresponding causes of action as defined by the United States Supreme Court. The CLE will emphasize the importance of pro bono representation as it relates to the professionalism expectations of attorneys in Louisiana. Finally, the program will introduce young lawyers to the defense of qualified immunity which will arise in every civil rights case where the plaintiff claims money damages.

All are welcome to attend. Pre-registration required. Contact the FBA at (504) 589-7990, email fbaneworleans@gmail.com or register online at http://nofba.org.

Annual Holiday Party

Sponsored by the Younger Lawyers Division

of the Federal Bar Association ~

Wednesday, December 7, 2016 5:30 p.m. – 7:30 p.m.

~ Great Hall

U.S. Fifth Circuit Court of Appeals 600 Camp Street New Orleans, LA

~ It will be an enjoyable evening bringing together members of the bench and bar.

RSVP http://nofba.org, cckahr@nofba.org, or (504) 589-7990

The New Orleans Chapter continues its efforts to provide outstanding and practical CLE programs for our legal community. This past June, approximately 120 people attended our one our program entitled “Federal District Courts in Louisiana: Differences and Practice Pointers.” The program’s goal was to highlight the similarities and differences among the Eastern, Middle and Western Districts and the judges in those districts. Eastern District Judge Lance Africk, Middle District Chief Judge Brian Jackson and Western District Magistrate Judge Patrick Hanna provided not only an informative program on practical issues faced by lawyers, but also entertained the audience with humorous examples from their own experiences. The feedback on this program was spectacular. Another session is planned to address the many issues the judges did not have time to cover.

The New Orleans Chapter thanks Judges Africk, Jackson and Hanna for taking time to present this program and FBA Board Members Tracey Knight, John Balhoff, and Jose Cot for organizing it.

Jose Cot, Tracey Knight, Magistrate Judge Patrick Hanna, Judge Sarah Vance, Chief Judge Brian Jackson, and Judge Lance Africk

FEDERAL DISTRICT COURTS IN LOUISIANA CLE

TH

E A

DV

OC

AT

E

3

Malcolm Monroe Federal Practice Seminar

December 7, 2016, 1:00 p.m. to 5:15 p.m.

Intercontinental Hotel, 444 St. Charles Avenue, New Orleans, Louisiana CLE & Admission to all the Federal Courts in Louisiana

Earn 4 hours of CLE credit

including Ethics, Professionalism, Law Practice Management, and a discussion on federal practice.

Newly admitted attorneys in Louisiana are required to take 12.5 hours of CLE credits by December 31, 2017. Of these 12.5 credits, eight (8) of them must be in Law Practice Management, Professionalism and Ethics.

• Attendance at the Malcolm W. Monroe Seminar on December 7, 2016, will provide one hour each of ethics, professionalism, and law practice management.

• As an added bonus, the seminar will culminate with a ceremony at which attendees can be sworn into all federal courts in Louisiana, including the U.S. Court of Appeals for the Fifth Circuit.

• Following the ceremony, the Younger Lawyers Division of the New Orleans Chapter of the Federal Bar Association will host the Annual Holiday Cocktail Party in the Great Hall of the U.S. Fifth Circuit Court of Appeals.

Registration Details For detailed information and to receive the registration packet, go to http://nofba.org, email cckahr@nofba.org, or call the New Orleans Chapter of the Federal Bar Association at (504) 589-7990. Registration includes membership in the Federal Bar Association, an organization dedicated to improving the quality of practice in federal courts and facilitating interaction and communications between the bar and the judiciary. Attendees wishing to earn CLE and be admitted to the Federal Courts in Louisiana - For those who want to be admitted to the Eastern, Western, and Middle Districts of Louisiana as well as the U.S. Fifth Circuit Court of Appeals, the deadline to submit registration materials is November 14, 2016. Attendees wishing to earn CLE only - Registration in advance or on the day of the program will be accepted.

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.

STATE v. FEDERAL RULES OF CIVIL PROCEDURE SEMINAROn June 23, 2016, the Federal Bar Association, Young Lawyers Division partnered with the 22nd Judicial District Court Bar Association to host over 45 attendees for “State vs. Federal Rules of Civil Procedure” seminar. Judge Jane Triche Milazzo of the United States District Court for the Eastern District of Louisiana and Judge Allison Penzato of the 22nd Judicial District Court, lead a lively discussion comparing state and federal procedure.

Alex Peragine, past president of the 22nd Judicial District Bar Association, served as moderator. The event was held at the beautiful Southern Hotel in downtown Covington, and was followed by a cocktail reception. In the coming year, the FBA looks to hold more programs outside of New Orleans and throughout the Eastern District of Louisiana.

Judge Jane Triche Milazzo, Judge Allison Penzato and Alex Peragine

Lawyers who LunchNovember 30, 2016 – 12 noon

Marcello’s 715 St. Charles Avenue

Join members of the New Orleans Chapter of the Federal Bar Association for “Lawyers who Lunch” on November 30th at 12 noon. This is a casual lunch for lawyers of all practice areas to network and enjoy the fine cuisine of Marcello’s on St. Charles. Meet members of the legal community and discuss legal developments, upcoming events and activities, and the latest news in New Orleans.

FBA Members – Bring a non-member colleague or friend. All are welcome to attend. The cost is $25 and includes a choice of entrée and soup or salad. The first five non-members who register are free. Pre-registration and pre-payment required. Contact the FBA at (504) 589-7990, email fbaneworleans@gmail.com or register online at http://nofba.org.

LUNCH WITH JUDGE FALLON ON JUNE 21On June 21, 2016, Judge Eldon E. Fallon and the YLD (“Younger Lawyers Division”) co-hosted a Lunch with the Court in Judge Fallon’s courtroom. The event was attended by several young attorneys and law students. Judge Fallon discussed how technology has both affected change in the legal practice during his 50+ years in the

legal community and is a driving factor in bringing younger attorneys into the courtroom.

The Lunch with the Court program is sponsored by the YLD once every other month and provides invaluable access to younger lawyers and law students to the federal practice.

TH

E A

DV

OC

AT

E

5

Annual Federal Judges’ Reception November 9, 2016, 5:00 pm B 8:00 pm

Windsor Court Hotel Chinoiserie Ballroom

300 Gravier Street, New Orleans, Louisiana

The New Orleans Chapter of the Federal Bar Association requests your presence at its annual tribute honoring the federal judiciary's contribution to our community.

SPONSORSHIP AND REGISTRATION FORM

Individual Tickets

Individual $ 50 Judicial Law Clerk $ 35

SponsorshipsOur firm would like to sponsor the Federal Judges’ Reception at the following level:

Silver $ 500 Allows three guests to attend Gold $ 750 Allows five guests to attend Platinum $ 1,250 Allows ten guests to attend

*Sponsorship pledges and payments must be received by November 4, 2016 to be listed on the sponsor board.

Number of Attendees: ________ Amount Enclosed: $_______________ Please indicate name of attendees on back of the registration form.

Contact Person: _________________________________________________________________ Firm Organization: ______________________________________________________________ Address: ______________________________________________________________________ Phone Number: _________________________________________________________________ E-mail: _______________________________________________________________________

PLEASE MAIL COMPLETED FORM AND PAYMENT TO New Orleans Chapter of the Federal Bar Association

500 Poydras Street, Room B-245, New Orleans, LA 70130 REGISTER ONLINE AT

www.nofba.org or email cckahr@nofba.org

ALTERNATIVE DISPUTE RESOLUTION SECTION PRESENTS “Collaboration in Action”On July 13, 2016, the Alternative Dispute Resolution (“ADR”) Section of the National Federal Bar Association presented, “Collaboration in Action” in coordination with the Chapter. Kelly Scalise, Chapter President, moderated a discussion of ADR in sports. Professor Gabe Feldman, Paul and Abram B. Barron Associate Professor of Law at Tulane Law School and Director of the Tulane Sports Law Program, led an analysis of the use of ADR in the sports industry from the New England Patriots arbitration dispute to baseball contract cases.

Joan Hogarth, an experienced arbitrator and mediator in healthcare law and Newsletter Editor of the ADR Section, moderated a discussion focused on mediation versus litigation and how to successfully avoid prolonged litigation. Simeon Baum, President of Resolve Mediation Services, Inc., and Past Chair of the ADR Section, and Jeff Kichaven, a top commercial mediator and Chair of the ADR Section, presented helpful insights on how to mediate, drawing on their own decades of experience. Audience members raised questions about current sports issues as well as trends in mediation.

The Chapter would like to thank the ADR Section and its officers for this informative seminar. Left to right: Joan Hogarth, Chapter President Kelly Scalise,

Jeff Kichaven, Professor Gabe Feldman, and Simeon Baum

Annual Cultural Heritage ProgramDecember 7, 2016

2 p.m. to 5 p.m. (3 hours of CLE including 1 hour of Ethics) New Orleans Museum of Art

Featured Speakers:

Maxwell Anderson, Author of Antiquities: What Everyone Needs to Know Terressa Davis, Executive Director, The Antiquities Coalition

Susan M. Taylor, Director, New Orleans Museum of Art Stephen K. Urice, Professor of Law, University of Miami School of Law

As long as there have been tombs, there have been tomb raiders. In the modern world, however, this destruction is taking place on a scale never before seen in history. The United Nations now warns the looting and trafficking of art and antiquities is a multi-billion dollar illegal industry that funds crime and conflict around the world. The city of New Orleans has a role to play in safeguarding cultural heritage. It is home to several major museums, and also a thriving arts community, including some of the nation’s most famed dealers of antiques and antiquities. New Orleans is in the middle of the world’s largest port complex, which stretches 290 miles along the Mississippi River.

Join us at the New Orleans Museum of Art for this year’s Annual Cultural Heritage Program. Contact the FBA at (504) 589-7990, email fbaneworleans@gmail.com or register online at http://nofba.org.

Nearly 50 law clerks and young lawyers from across the region converged on the Eastern District of Louisiana Courthouse in downtown New Orleans on July 13 for the 2016 edition of the “Morning at the Federal Courthouse” hosted by the Board of Directors of the FBA-YLD.

Observers were welcomed to the Courthouse by Chief Judge Kurt D. Engelhardt, and then provided with their options for the morning hours, which included various motion hearings and a number of panels addressing different aspects of Federal Practice in the Courthouse. Charlie Thomas of Huber, Slack, Thomas, and Marcelle lectured on “Managing a State and Federal Practice.” A roundtable discussion on obtaining a Federal Clerkship was presented to attending law students by Judge Nannette Jolivette Brown, Ben Allums, a clerk to Judge Carl Barbier, and Paige O’Hale, a FBA-YLD Board Member and an Assistant U.S. Attorney. Finally, Federal Public Defender Claude Kelly, Deputy Clerk of Court Carol Michel, and Assistant U.S. Attorney Emily Greenfield discussed “Careers in the Federal Courthouse.”

The day concluded with a plenary panel featuring Judge Carl Barbier, Magistrate Judge Sally Shushan, and attorney Sharonda Williams on “Preparing for Federal Practice and Your First Court Appearance.” The panel emphasized familiarity with the local rules and “scouting out” courtrooms and judges before appearances, and encouraged young lawyers to participate in discovery disputes to get exposure to the bench.

“We were thrilled with the turnout this year, and especially with our panelists,” said Scott Sternberg, who chaired this year’s Morning at the Federal Courthouse and serves as Secretary on the FBA-YLD. “We are lucky to have such a welcoming judiciary and involved bar community who are willing to encourage observers, and gave of their time to welcome young lawyers and law students into the Federal practice.”

TH

E A

DV

OC

AT

E

7

MORNING AT THE FEDERAL COURTHOUSE

Magistrate Judge Sally Shushan (ret.), Judge Carl Barbier, and Sharonda Williams

LUNCH WITH MAGISTRATE JUDGE KNOWLES ON SEPTEMBER 13Magistrate Judge Daniel E. Knowles, his staff, and the FBA-YLD hosted Lunch with the Court on September 13, 2016, in Judge Knowles’ courtroom. Fourteen young attorneys and law students attended. Judge Knowles and his staff described the role of magistrate judges in the Eastern District, providing insight into settlement conference preparation and the art of oral argument. Also discussed were the challenges that e-discovery and technology bring to discovery issues in federal court litigation. Judge Knowles graciously invited the group to attend motion days in his courtroom as an avenue for observing and developing skills in courtroom advocacy.

On August 25, 2016, the New Orleans Chapter of the Federal Bar Association held its Annual Meeting and Luncheon in the Ballroom at the Westin Hotel. Professor Jonathan Turley, a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law, was the keynote speaker.

Judge Sarah S. Vance, former Chief Judge of the United States District Court for the Eastern District of Louisiana and now the immediate Past President of our organization, lead the Annual Meeting. Judge Vance looked back on her year as the President of the Chapter, and thanked the Board of Directors and the Young Lawyers Division for their dedication during the Chapter’s exceptionally busy programming year, which undoubtedly was a factor in the Chapter’s receipt of the “Chapter of the Year” honors from the National chapter.

Judge Kurt D. Engelhardt, the Chief Judge of the United States District Court for the Eastern District of Louisiana, congratulated the members of the Eastern District bench and the Marshals service on the receipt of various national awards in the past year. Judge Engelhardt reported on the appointment of new Magistrate Judge Janis van Meerveld, recent amendments to the Federal Rules of Civil Procedure, as well as case statistics in the Eastern District. Judge Engelhardt offered a special thanks to Judge Vance for her efforts, contributions, and assistance in his transition to the role of Chief Judge.

Kelly T. Scalise was sworn in as the incoming Chapter President. Ms. Scalise announced the establishment of committees that will focus on particular practice areas of law including admiralty, criminal law, diversity, energy law, environmental law, labor and employment, and immigration. Ms. Scalise extended her heartfelt thoughts to those recently affected by the devastating floods in Louisiana and encouraged all to donate gift cards to SOLACE for basic supplies. Ms. Scalise also presented Judge Vance with an Adler’s pewter platter in honor of her “retirement” as the Board’s President.

In addition to chapter business, Judge Vance presented Chris Ralston with the President’s Award, an annual award that recognizes a lawyer for community leadership outside the practice of law. Mr. Ralston was honored for his ongoing work with the Ozanam Inn, for his work with the American Diabetes Association New Orleans Community Leadership Board, and his consistent involvement in bar activities.

Judge Carl J. Barbier presented the John R. “Jack” Martzell Professionalism Award for outstanding professionalism in the practice of law to Irving J. Warshauer from the Gainsburgh Benjamin law firm. Mr. Warshauer was recognized for his service to the practice of law, membership on the criminal justice court panel, role as court appointed counsel in complex actions, contributions as Board Member and President of the Make-a-Wish Foundation, service on the Boards of Appleseed and the Anti-Defamation League, and other community contributions.

FEDERAL BAR ASSOCIATION 2016 ANNUAL MEETING AND AWARDS

cont’d on page 9

Chief Judge Kurt Engelhardt

Judge Sarah Vance and Kelly Scalise

Professor Jonathan Turley

President’s Award Recipient Christopher Ralston and Judge Sarah Vance

TH

E A

DV

OC

AT

E

9

2016 ANNUAL MEETING AND AWARDS (cont’d)The final award, the Camille F. Gravel, Jr. Pro Bono Award, was presented to Dana M. Douglas of Liskow & Lewis. Judge Ivan Lemelle expressed the gratitude of the legal community for Ms. Douglas’s outstanding career providing legal services to the poorest in our community, through her vast pro bono efforts and public service contributions.

In addition to Ms. Scalise assuming the role of our Chapter President, the following additional officers were elected: W. Raley Alford, President-Elect; Kathryn M. Knight, Treasurer; Steven F. Griffith, Jr., Recording Secretary; Michael J. Ecuyer, Membership Chair; and, Megan M. Dupuy, Younger Lawyers Chair. The Board of Directors for the FBA also was sworn in.

Professor Turley closed the annual meeting as the keynote speaker. Professor Turley has written over three dozen academic publications in a variety of leading law journals. After a term at Tulane Law School, Professor Turley joined George Washington University’s law faculty in 1990. Professor Turley has argued numerous times before the United States Supreme Court and is a keen observer of the Highest Court in the Land. Professor Turley provided an entertaining and informative speech concerning the difficulties presented by an eight member Supreme Court and predicted what may occur in the near future. Professor Turley concluded with a request that our members remain engaged in the national political conversation, no matter what side of the aisle, for the betterment of all society.

Due to the hard work by the Annual Meeting Committee, the event was enjoyed by all who attended. The Annual Luncheon was a wonderful conclusion to Judge Vance’s successful year guiding the Chapter and a great start to Ms. Scalise’s upcoming term as President.

The Lambert Firm – Jeremy Soso, Emily Jeffcott, Cayce Peterson, Hugh Lambert, Jacki Smith, and Morgan Embleton

Robert David, Harry Hardin, Professionalism Award Recipient Irving Warshauer, and Judge Eldon Fallon

Chief Justice Bernette Johnson, Public Service Award Recipient Dana Douglas, and Judge Ivan Lemelle

Judge Jerry Brown and Michael McGlone

2016-2017 YOUNGER LAWYERS DIVISION OF THE NEW ORLEANS CHAPTER OF THE FEDERAL BAR ASSOCIATION

2016-2017 BOARD OF DIRECTORSNEW ORLEANS CHAPTER OF THE FEDERAL BAR ASSOCIATION

TH

E A

DV

OC

AT

E

11

THE ADMIRALTY AND MARITIME LAW COMMITTEE of the American Bar Association

Tort Trial and Insurance Practice Section and the ADMIRALTY LAW SECTION OF THE FEDERAL BAR ASSOCIATION

are pleased to announce Best Practices in Maritime Investigations

Roundtable discussion with views from attorneys at the Department of Justice, U.S. Coast Guard, and private counsel on matters important to maritime plaintiff and defense counsel,

in-house counsel, and government lawyers.

Emily Greenfield, DOJ, Assistant U.S. Attorney, EDLA, Criminal Division CDR Brian McNamara, USCG, U.S. Coast Guard Eighth District Legal Office LCDR

Damian Yemma, USCG, Investigations National Center of Expertise Dee Taylor, Liskow & Lewis (New Orleans)

Sean Pribyl, Blank Rome LLP (Washington, DC) Moderator: Laura Beck Knoll, Chaffe McCall LLP (New Orleans)

 Thursday, December 1, 2016

11:30 a.m. – 1 p.m. Lunch provided

U.S. District Court – EDLA Courtroom 279

500 Poydras Street, LA 70130

$35 ($20 for government counsel) – 1.5 hours of CLE Credit Register at: https://www.eventbrite.com/e/best-practices-in-maritime-investigations-tickets-27738342128

Annual Federal Defender & CJA Panel Training Program October 26, 2016

Join the New Orleans Chapter of the Federal Bar Association for 7 hours of continuing legal education that offers attendees programs on:

• Professionalism – A Lawyer’s Role when a Client Reports to BOP• Legal Ethics• Sentencing Guidelines• Experts in the Millennial Age• Developing Mitigation Evidence• A View from the Bench - Effective Strategies for Defense Lawyers

Details

Date & Time: October 26, 2016 ~ 8:30 a.m. – 4:10 p.m. (Please allow sufficient time for security screenings at the Hebert Building. Registration opens 30 minutes before the program.)Location: Hebert Building, 600 S. Maestri Street, Rm. 448, New Orleans, LouisianaCLE: 7 Hours of CLE including 1 Hour of Ethics, 1 Hour of ProfessionalismFees: Government & CJA Panel Attorneys $35; FBA Members $70; Law Students $15; Non-Members $110Registration: Register online at http://nofba.org, email cckahr@nofba.org, or mail payment to Federal Bar Association, 500 Poydras Street, B-245, New Orleans, LA 70130. Cancellations must be received two days prior to the program in order to receive a refund.

The 2016 Annual Meeting and Convention was held in Cleveland, Ohio, from September 14 through 17. The Northern District of Ohio Chapter and Dayton Chapter succeeded in presenting informative CLE programs, efficient business meetings, and fun filled receptions. Several New Orleans chapter members were in attendance, including Barry Ashe, Fifth Circuit Vice President; Ashley Belleau, former National President; Donna Phillips Currault, Labor and Employment Section Chair; Matthew Moreland, former National President; Patrick O’Keefe, former Chapter President; and, Kelly Scalise, New Orleans Chapter President and Admiralty Law Section Chair.

In addition to being well represented, the Chapter was honored with two national awards. First, the Advocate received the Outstanding Newsletter award in recognition of its timely articles and great benefit to Chapter members. Second, the Chapter was presented with the Chapter of the Year award. FBA Treasurer, Kip Bollin, spoke of the Chapter’s outstanding programming, robust membership, and service to the bench, bar and community. Kelly Scalise accepted the award on behalf of the Chapter, its inspiring leaders and members.

NEW ORLEANS CHAPTER WINS AWARDS AT ANNUAL MEETING

Barry Ashe, Kelly Scalise, Donna Currault, Patrick O’Keefe

Kip Bolin, National President-Elect, with Kelly Scalise

The Chapter would like to thank National and the Ohio chapters for a wonderful meeting. The awards will be held in the Chapter’s office located in the Attorney Conference Center for all who would like to enjoy them.

Caffery Harris Jackson Loyola University New Orleans

College of Law

Victor M. Jones Kelly, Hart & Pitre

Christopher J. Kane Adams & Reese, LLP

M. David Kurtz Baker, Donelson, Bearman, Caldwell

& Berkowitz, PC

Christopher M. Lack Loyola University New Orleans

College of Law

Jeanne Andry Landry Arthur W. Landry and

Jeanne Andry Landry, LLC

George Joseph Ledet, Jr. Attorney at Law

Carolan Deutch Luning Matthiesen, Wickert & Lehrer

Christopher Edmunds Tulane University Law School

Nicole A. Eichberger Proskauer Rose, LLP

Bryanna Cheneay Frazier Chaffe McCall, LLP

Aaron Godbey Loyola University New Orleans

College of Law

Kacie F. Gray Irpino, Avin, & Hawkins Law Firm

Galen M. Hair Varadi, Hair, Checki, LLC

Lesli D. Harris Stone Pigman Walther Wittmann, LLC

Molly J. Henneke Crosby Tugs, LLC

Katherine Honeywell Loyola University New Orleans

College of Law

TH

E A

DV

OC

AT

E

13

NEW MEMBERSThe Federal Bar Association welcomes its new members:

Leandro R. Area Porteous, Hainkel & Johnson, LLP

Mary L. Blacksher Ranier Tulane University Law School –

Civil Litigation Clinic

Samuel T. Brandao Tulane University Law School -

Civil Litigation Clinic

Jonathan L. Brehm Butler Law Firm, LLC

Kyle M. Brennan

Paul E. Bullington Wall, Bullington & Cook, LLC

Angel L. Byrum St. Tammany Parish Government

Chanelle L. Collins

Obioha C. Daniel

Eloise Marie Davis Loyola University New Orleans

College of Law

America’s newest citizens took the Oath of Allegiance at a naturalization ceremony as part of this year’s celebration of Constitution Day and Citizenship Day, on September 16, 2016. The U.S. District Court for the Eastern District of Louisiana was among numerous other federal courts around the country (www.uscourts.gov) which held annual naturalization ceremonies for more than 33,000 new citizens to commemorate September 17, 1787, the date when the Constitutional Convention delegates signed our nation’s founding document. Seventeen petitioners from eleven countries took the Oath of Allegiance in the Court’s ceremonial courtroom. Judge Mary Ann Vial Lemmon presided over the ceremony. Magistrate Judge Daniel Knowles, III, and Joshua O. Hess, of Christovich & Kearney, served as the keynote speakers.

As part of the program, Marine JROTC members from Jesuit High School presented the Colors; representatives from three local chapters of the Daughters of the American Revolution lead the Pledge of Allegiance, and Eureka Arties, of the U.S. Citizenship and Immigration Services, beautifully sang the “National Anthem” and “America the Beautiful.”

CLERK’S CORNERU.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA

BY: William W. Blevins, Clerk of Court

CONSTITUTION AND CITIZENSHIP DAY

cont’d on page 15

TRIALS AND TRIBULATIONSTrials 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.

vBREACH OF CONTRACT

In Marine Power Holding, LLC v. Malibu Boats, LLC,

Malibu issued a purchase order to Marine Power to make a number of engines for Malibu’s boats. The contract was terminated after only a fraction of the engines had been delivered. Marine Power claimed that the contract was cancelled because Malibu reached a better deal with two of Marine Power’s competitors. Malibu claimed that it terminated the purchase order after a number of late shipments and other problems made clear that Marine Power would be unable to meet the requirements of the contract.

Marine Power filed suit, seeking to recover $1.8 million in foreseeable damages for breach of contract and $1.3 million in unforeseeable damages because the breach was committed in bad faith. A bad faith breach is defined under Louisiana law as the intentional and malicious breach of a contract. Among its other defenses, Malibu asserted that Marine Power fraudulently induced it to

enter into the contract by intentionally misrepresenting its capability to produce the required engines.

After a six day trial, the jury awarded Marine Power 100% of its claimed damages, a total of $3.1 million.

Docket No. 14-CV-912, Section I (Jury trial held 8/8/16-8/12/16).

vCIVIL RIGHTS ACTIONS

In Catrice Pierre v. Lee Hardy et al., Jefferson Parish Sheriff’s Deputy Lee Hardy made a Terry stop of Darrell Carter and two others early in September 2011. Carter fled on foot and was fatally shot twice in the back and once in the hip by Deputy Hardy.

Plaintiff, Catrice Pierre, the mother of Carter’s four minor children, alleged that Deputy Hardy used excessive force in killing Carter. Plaintiff alleged that Carter was unarmed at the time of the shooting.

NEW MEMBERS (cont’d)The Federal Bar Association welcomes its new members:

Michael Kevin Melucci Loyola University New Orleans

College of Law

Lauren T. Michel Tulane University

Craig Mitchell

Mitchell & Associates, APLC

Rajan Pandit Pandit Law Firm, LLC

Ana Paula Perez-Funes Tulane University Law School

Amanda Nicole Russo Loyola University New Orleans College

of Law

Anna Francesca Scardulla McCranie, Sistrunk, Anzelmo,

Hardy, McDaniel & Welch

Lacy Sewell Stiles Loyola University New Orleans College

of Law

Taylor C. Stone The Law Office of Taylor C. Stone, LLC

Kriste T. Utley Boykin & Utley

Raymond T. Waid Liskow & Lewis

If you would like to become a member of the FBA, or know someone who would like to become a member, please call Michael Ecuyer, Membership Chair, at (504) 522-2304,

or CC Kahr, Executive Director at (504) 589-7990 for more information.

TRIALS AND TRIBULATIONS (CONT’D) TH

E A

DV

OC

AT

E

15

Defendants Hardy and Newell Normand alleged that Carter pushed Deputy Hard and fired a handgun at Hardy before Hardy shot Carter.

After a three day trial, the jury found for Defendants on all of Plaintiff’s claims.

Docket No. 12-1891, Section K (Jury trial held 9/12/16-9/14/16).

In Cheshire v. Jefferson Parish, Plaintiff asserted a civil rights action against the Jefferson Parish Sheriff’s Office arising out of his arrest on March 13, 2013. Plaintiff was arrested for disturbing the peace in a Walmart parking lot. Following his arrest, Plaintiff alleged that he was driven in a police car to an unknown location where the arresting officer struck him with an object.

The Sheriff’s Office claimed that while the Plaintiff was being transported to the correctional center after his arrest, he became belligerent, screamed obscenities and threatened the officer transporting him. Plaintiff allegedly banged his head against the partition separating him from the officer before moving his handcuffed hands from his back side to his front and striking the divider repeatedly with his hands. According to the Sheriff’s Office, as the officer was attempting to restrain the Plaintiff, a struggle ensued during which the officer and the plaintiff sustained injuries.

After a two day trial, the jury deliberated for a short time before returning a defense verdict concluding that the officer did not use excessive force.

Docket No.14-578, Section H (Jury trial held 6/13/16-6/14/16).

vMOTOR VEHICLE ACCIDENT

In Donnalynn Burgo v. Devontae Davis, et al., Plaintiff was involved in a rear-end accident. The defendants stipulated to liability, but contested the issues of causation and damages. Plaintiff had suffered from chronic pain for years before the accident, and defendants argued that her alleged injuries were not caused by the accident.

After a three day trial, the jury concluded that Plaintiff was not injured as a result of the accident.

Docket No. 15-2430, A, (Jury trial held 7/25/16-7/26/16).

vGENERAL MARITIME LAW PERSONAL INJURY

In Shawler v. Ergon Asphalt & Emulsions/Big Valley, LLC, the 36 year old Plaintiff was injured during an offshore fishing trip. Plaintiff, a business development manager for an asphalt company, had been invited as a guest to fish in the Gulf of Mexico aboard his customer’s sport fishing vessel. Plaintiff was injured as the vessel was returning to Venice, Louisiana on May 3, 2015, when he fell between 12 feet and 14 feet from the second deck of the vessel to its main deck. Plaintiff’s blood alcohol content was three times the legal limit at the time of the fall.

Plaintiff was medi-vaced to New Orleans for care where he spent several days in an ICU. He sustained injuries to his eye socket, nose, and ribs, as well as a laceration to his liver and a brachial plexus injury. Plaintiff also alleged PTSD and cognitive deficits as a result of the incident.

Plaintiff sued the Defendant under the General Maritime Law. He alleged that he fell because the captain negligently slowed the vessel too abruptly, negligently permitted him to climb from deck to deck after providing him alcohol, or negligently permitted Plaintiff to move between decks while the vessel was underway. Plaintiff sought several million dollars in damages. After a four day trial, the jury returned a defense verdict.

Docket No.15-2599, Section I (Jury trial held 8/29/16-9/1/16).

Federal Bar AssociationNew Orleans Chapterc/o Kelly ScaliseChapter President500 Poydras St., Room B-245New Orleans, LA 70130

Interested in becoming a member of the Federal Bar Association?Contact:Federal Bar Association1220 North Fillmore St., Suite 444Arlington, VA 22201(571) 481-9100Fax (571) 481-9090www.fedbar.orgorMembership ChairMichael Ecuyerc/o Attorney Conference Center500 Poydras Street, Room B-245Hale Boggs Federal BuildingNew 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.

FIRST CLASS MAIL

U.S. POSTAGE

P A I D

PERMIT NO. 385

NEW ORLEANS, LA

Editorial Board: KEnt Morrison, Brian CapitElli, palMEr laMBErt

Please contact us at: kent.morrison@phelps.combrian@capitelliandwicker.complambert@gainsben.comSpecial thanks to:CC Kahr and Colin Cambre for their invaluable assistance.

SAVE THE DATE FOR UPCOMING EVENTS

For additional information or to register, please go to www.nofba.org,Email fbaneworleans@gmail.com, or call (504) 589-7990

Federal Defender & CJA Panel Training CLE

Hebert Building, 600 S. Maestri St., Rm. 448October 26, 2016

8:30 a.m. – 4:10 p.m.

Introduction to Civil Rights Litigation CLEU.S. Bankruptcy Court, 500 Poydras St., B-705

November 3, 2016 12 – 2 p.m.

Federal Judges’ Reception Windsor Court Hotel, 333 Gravier Street

November 9, 20165 – 8 p.m.

Lunch with the Court with the Hon. Jerry Brown

U.S. Bankruptcy Court, 500 Poydras St., B-705November 17, 2016

12 noon

Lawyers who Lunch Marcello’s Restaurant, 715 St. Charles Ave.

November 30, 2016 12 noon

Admiralty Law CLE: Best Practices in Maritime Investigations

U.S. District Court, 500 Poydras St., C-279December 1, 201611:30 a.m. – 1 p.m.

Malcolm Monroe Federal Practice Seminar & Swearing In

Intercontinental Hotel, 444 St. Charles Ave.December 7, 2016

1 – 5:15 p.m.

Annual Holiday Party sponsored by the YLD

Great Hall, U.S. Court of Appeals for the Fifth Circuit

600 Camp StreetDecember 7, 2016

5 – 7:30 p.m.

Annual Cultural Heritage Seminar New Orleans Museum of Art

December 9, 2016 2 – 5 p.m.