SUMMER EDITION 2016 VOL. 25, NO. 4 MESSAGE FROM THE PRESIDENT BY: HON. SARAH S. VANCE On July 31, 2016, the Eastern will be filled, but she will not be replaced. I am proud to District of Louisiana will say call her my friend.” goodbye to Magistrate Judge Sally Shushan. Magistrate Judge Shushan Chief Magistrate Judge Jay Wilkinson said of his has served the Eastern District colleague, “We’re really going to miss her around here, since February 1, 1999. Although not only because she is a work horse; but we’re also going our Advocate Editor contacted to miss her humor, her clear-eyed sensibility and her good Magistrate Judge Shushan for advice.” It is certainly true that Magistrate Judge Shushan a feature article, she did not want the attention. That is will be sorely missed, but I am sure we can count on seeing typical of Magistrate Shushan who never wanted to take her across the street at her beloved Lafayette Square – just credit or draw attention to herself. Small in stature, but look for the lady handing out doggie poop bags. large in presence, Magistrate Judge Shushan leaves a The Eastern District is pleased to announce the selection legacy of being one of the most effective magistrate of Janis van Meerveld as its newest Magistrate Judge. judges in the history of the Eastern District. As Judge Although Ms. van Meerveld has big shoes to fill, we are Stanwood Duval described her, “She is a rare combination confident that she is up for the challenge, and she will hit of intelligence, fairness, a super-human work ethic, and a the ground running. wonderful sense of humor.” Her good friend, Judge Lance Africk, commented playfully: “Many believe that the key The CLE Planning Committee has been hard at work to her success at settling cases is that she is extremely this year, and I am pleased with the number and quality aggravating and annoying. That belief is only partially of Continuing Legal Education programs offered so correct, she is also keenly intelligent, has a boundless far. I encourage you to take part in the many upcoming work ethic, and a genuine affinity for people.” programs the Chapter has to offer. Magistrate Judge Shushan’s dedication, intelligence, and On June 16, 2016, Judge Lance Africk of the Eastern wit have earned her respect from the bench and the bar. She District of Louisiana, Chief Judge Brian Jackson of the worked countless hours on the broad range of magistrate Middle District of Louisiana, and Magistrate Judge Patrick judge duties over her tenure, and most recently she played Hanna of the Western District of Louisiana addressed a a critical role in the “Deepwater Horizon” oil disaster sold-out crowd during the Federal District Courts in litigation. Judge Carl Barbier said of her involvement, Louisiana: Differences and Practice Pointers CLE. This “For the past five years Sally and I have worked closely program offered a unique opportunity to explore the on the massive Deepwater Horizon litigation. Her tireless similarities and differences among the three district courts. effort has earned her universal and well deserved praise amongst the many lawyers and litigants. Sally’s position cont’d on page 2 EDITORIAL BOARD: MICHAEL ECUYER, BRIAN CAPITELLI, BRAD SCHLOTTERER MESSAGE FROM THE PRESIDENT (CONT’D) Also, on June 16, the Younger Lawyers Division hosted the Chapter will hold its Annual Meeting and Awards Cocktails with the Court at the new Ace Hotel. This was a Ceremony at The Westin Hotel. I will pass the gavel to great opportunity to get to know other young lawyers and Kelly Scalise when she will be sworn in as the Chapter’s members of the judiciary in our community. next president. This year, Professor Jonathan Turley of The George Washington University will be our keynote State vs. Federal Rules of Civil Procedure – Similarities speaker. Professor Turley is a nationally recognized legal and Differences was the topic of a CLE held at the Southern scholar who has written extensively in areas ranging from Hotel in Downtown Covington on June 23, 2016, with constitutional law to legal theory to tort law. In addition to a social following. This event was co-hosted with the his extensive publications, Professor Turley has served as 22nd JDC Bar Association. Alex Peragine, Peragine Law nd counsel in some of the most notable cases in the last two Firm and Immediate Past-President of the 22 JDC Bar decades including the representation of whistleblowers, Association, moderated a discussion with Judge Jane military personnel, judges, members of Congress, and a Triche Milazzo of the Eastern District and Judge Allison wide range of other clients. Penzato of the 22nd JDC. The panel addressed various topics including the importance of local rules, discovery, As my term as Chapter President winds down, I would exceptions and Rule 12 motion practice, and other areas like to thank the many members who contributed so much of significant difference. of their time to support our Chapter of the Federal Bar Association. It is because of you that we continue to be It seems like just yesterday that Chris Alfieri was the largest local Chapter of the Federal Bar Association. presenting me with the gavel at the Chapter’s Annual Meeting. In just a couple of short months, on August 25th, 24th ANNUAL JUDGE ALVIN B. RUBIN SYMPOSIUM MAY 26, 2016 On May 26, 2016, the New Orleans Chapter held the 24th Annual Judge Alvin B. Rubin Symposium. The symposium is a living memorial to Judge Rubin’s contribution to federal jurisprudence, legal scholarship, and the study and practice of ethics and professionalism. The New Orleans Chapter is honored to hold the program annually and to have members of the Rubin family attend. This year’s symposium, “Life, Death, and the Courts: A Study of End of Life Decisions,” was particularly compelling. David Orentlicher, the Samuel R. Rosen Professor of Law, Co-Director of the William S. and Christine S. Hall Center for Law and Health at Indiana University Robert McKinney Left to right: Honorable Stephen Higginson, School of Law, and former law clerk of Judge Rubin, and Honorable Nannette Jolivette Brown, Donna Fraiche, Donna Fraiche, a shareholder at Baker, Donelson, Bearman, Professor David Orentlicher, Ayan Rubin, Sarah Rubin Cohen, David Rubin, and Michael Rubin Caldwell & Berkowitz and a leading healthcare attorney, presented an analysis of end of life decisions, including a history and the legal underpinnings of the “death with dignity” movement. Audience members drew upon their own experiences to posit questions. The speakers also explored the ethical and professional crossroads of law and medicine. The New Orleans Chapter would like to thank the Rubin Symposium Committee, the Honorable Stephen Higginson, the Honorable Nannette Brown, and Donna Phillips Currault, Left to right: Steven Griffith, Jr., Eric Nowak, for this poignant seminar. Christopher Alfieri JANIS VAN MEERVELD SELECTED AS FEDERAL MAGISTRATE JUDGE ADVOCATE THE The United States District Janis has represented management interests Court for the Eastern District in employment litigation. Her vast practical of Louisiana has announced experience with discrimination and EEOC the selection of Adams charges helped clients manage the investigative, and Reese partner, Janis administrative and judicial phases of these claims van Meerveld, as a Federal with less disruption to their businesses. Clients Magistrate Judge for the faced with class actions, multiple plaintiff and District. The appointment is ERISA claims have chosen her for her considerable effective August 1, 2016. experience and success in employment litigation and human resources law. She has significant The Eastern District has twelve authorized Active experience defending suits involving false claims, Judges, two Senior Judges and five Magistrate including qui tam and other federal and state Judges. The Active Judges and Senior Judges are whistleblower actions. Janis has also represented appointed to the district bench by the President various corporate entities, especially homeowner of the United States and confirmed by the and condo associations and their board members United States Senate pursuant to Article III of in directors and officers claims. the Constitution of the United States. Magistrate Judges are selected by the district judges upon She frequently assisted clients in the development recommendation by a Merit Selection Panel. of employee policies, procedures and handbooks. They are appointed to serve for a period of eight She would regularly speak on litigation avoidance years, after which they may request consideration and would conduct client training on many for reappointment. Magistrate Judges carry out employment related matters for managers and various responsibilities in accordance with Civil other employees. She also advised clients on Local Rule 73 and Criminal Local Rule 5. hiring, discipline, and termination policies and practices. Janis is well-known throughout Louisiana as a skilled attorney and mentor as well as within the Janis’ greatest contributions to the practice community for her philanthropic service. She has been her leadership in creative pretrial began her career with Adams and Reese as an solutions. Her cost-conscious approach and deep associate twenty-seven years ago. A graduate understanding of the psychology of employment of Tulane Law School in 1987, she has litigated litigation guided clients through the decisions cases for twenty-nine years. Her experience necessary for timely, cost-effective, and included maritime law and general insurance constructive responses to employee claims and defense before she began specializing in labor and suits. In the community, she is dedicated to the employment and directors and officers liability work of Boys Hope Girls Hope of New Orleans litigation. Janis is AV® Peer Review Rated by where she serves as the Chairman of the Board Martindale-Hubbell. She has also been selected of Directors.