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 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 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 , 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 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 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 , 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 THE ADVOCATE 3 and other federal and state and federal other and tam qui Janis’ greatest contributions to the practice practice the to contributions greatest Janis’ creative pretrial has been her leadership in and deep solutions. Her cost-conscious approach of employment understanding of the psychology decisions the through clients guided litigation and cost-effective, necessary for timely, constructive responses to employee claims and suits. In the community, she is dedicated to the work of Boys Hope Girls Hope of New Orleans Board the the Chairman of as serves she where of Directors. She also serves on the Board of Directors of the New Orleans Susan G. Komen Breast Cancer Foundation. Bar Federal of the Chapter New Orleans The as Meerveld Janis van welcomes Association Federal Magistrate Judge. Janis has represented management interests interests management represented has Janis vast practical Her litigation. in employment and EEOC with discrimination experience investigative, the manage clients helped charges claims of these phases and judicial administrative Clients businesses. their to less disruption with and plaintiff multiple actions, class with faced considerable her for her chosen have claims ERISA litigation and success in employment experience and human resources law. She claims, false involving suits defending experience has significant including Janis has also represented whistleblower actions. homeowner especially entities, various corporate members board their and condo associations and in directors and officers claims. in the development assisted clients She frequently handbooks. and procedures policies, employee of avoidance on litigation speak She would regularly on many training client and would conduct and managers for matters related employment clients on other employees. She also advised policies and hiring, discipline, and termination practices. She A graduate A in Labor and Labor in ® in Labor and in Labor ® Peer Review Rated by ® The District States United The District Eastern the for Court has announced of Louisiana Adams of selection the Janis partner, Reese and as a Federal van Meerveld, for the Judge Magistrate is The appointment District. 1, 2016. August effective

JANIS VAN MEERVELD SELECTED AS FEDERAL MAGISTRATE JUDGE MEERVELD MAGISTRATE AS FEDERAL SELECTED JANISVAN

Employment, and a Best Lawyers Best a and Employment, of the firm’s Diversity Committee. of the firm’s the firm’s Recruiting Committee, and as a member a as and Committee, Recruiting firm’s the and Employment Practice Team Leader, Chair of Leader, Team Practice and Employment While with Adams and Reese, she served as Labor Adams and Reese, with While EEOC liaison subcommittee in New Orleans. in New EEOC liaison subcommittee Coordinator for the American Bar Association’s Association’s American Bar Coordinator for the Employment Law. She currently serves as CLE Law. Employment

as a Louisiana Super Lawyers as a Louisiana Martindale-Hubbell. She has also been selected She has also been Martindale-Hubbell. litigation. Janis is AV Janis is litigation. employment and directors and officers liability defense before she began specializing in labor and labor in specializing she began before defense included maritime law and general insurance law and general maritime included associate twenty-seven years ago. associate twenty-seven years years. Her experience cases for twenty-nine began her career with Adams and Reese as an as Reese and Adams with career her began Law School in 1987, she has litigated Tulane of

community for her philanthropic service. her philanthropic for community skilled attorney and mentor as well as within the skilled attorney and mentor as well Janis is well-known throughout Louisiana as a Louisiana Janis is well-known throughout Local Rule 73 and Criminal Local Rule 5. Local Rule 73 and Criminal Local various responsibilities in accordance with Civil with in accordance various responsibilities for reappointment. Magistrate Judges carry out Judges carry Magistrate for reappointment. years, after which they may request consideration years, after which they may request They are appointed to serve for a period of eight period for a serve to appointed are They recommendation by a Merit Selection Panel. recommendation Judges are selected by the district judges upon by the district judges upon Judges are selected the Constitution of the United States. Magistrate States. United of the Constitution the pursuant to Article III of of the United States and confirmed by the appointed to the district bench by the President by the bench district the to appointed Judges. The Active Judges and Senior Judges are Active Judges and Senior Judges The Judges. Judges, two Senior Judges and fiveMagistrate The Eastern District has twelve authorized Active has twelve authorized The Eastern District YLD CONFLICT RESOLUTION PROJECT This year the New Orleans Federal Bar Association’s Younger Lawyers Division undertook an ambitious partnership with Crescent Leadership Academy (www.crescentleadershipacademy.com). Crescent Leadership Academy is a public charter high school in New Orleans that offers an alternative education to its students. For many of the city’s youth, Crescent Leadership Academy is their last hope for a high school diploma. The Younger Lawyers Division-Crescent Leadership Academy partnership was borne out of YLD’s desire to build relationships with the school’s students and to share with them, for use in their own lives and communities, the kinds of conflict resolution skills that lawyers use every day. Beginning in January, members of the YLD hosted a series of workshops at the school, during which students took a crash course on being a lawyer, followed by a mock bar exam. Students were assigned a real legal case involving the First Amendment rights of students and were tasked with crafting their own closing arguments. Communication is an essential element of conflict resolution, yet many students struggle to articulate their ideas. To assist the students, two young Assistant U.S. Attorneys volunteered as “speaking coaches,” demonstrating how to make an oral argument and offering basic advice on presentation. The workshops culminated in a day-long field trip to the federal courthouse during which students had the unique opportunity to meet privately with U.S. Attorney Kenneth Polite and his staff, representatives from the Federal Defender’s office, Deputy Chief Probation Officer Lawrence Martin, and finally U.S. Magistrate Judge Karen Roby. Students also observed real lawyers represent real clients in motion hearings. In addition, students separately met Calvin Duncan, a former inmate of the Angola Louisiana State Prison and Project Director for the Light of Justice Project. Mr. Duncan shared with students his experiences as an inmate and as an exoneree. His story served as a preface to a field trip to the Angola state prison. At Angola, students met with inmate trustees, toured the facilities, and discussed weighty issues including sentencing reform and the death penalty. The Younger Lawyers Division-Crescent Leadership Academy partnership is ongoing and its participants look forward to building on their programming in the coming school year. The meaningful relationships that have been formed have the potential to grow into great things. Indeed, one of the program’s very own “speaking coaches” will be Crescent Leadership Academy’s graduation speaker this May. The Younger Lawyers Division thanks the Federal Bar Association Foundation for its financial support, which makes this rewarding project possible. THE ADVOCATE 5

and Dana Douglas Left to right: Kelly Scalise

with an inspiring keynote address delivered by address delivered inspiring keynote with an and political strategist a veteran Donna Brazile, & now directs Brazile Orleanian, who native New D.C. Washington, LLC based in Associates panelists Dawn Stern, an associateFollowing lunch, an Smith Blakely, Susan LLP, Piper with DLA Savaria speaker and law career counselor, author, Tania and Piper LLP, with DLA Harris, a partner and Chief of Staff Law Professor Tulane a Tetlow, examined University, Tulane President of Vice and touching on both effective the art of negotiation, self- effective and communications business the role that as well as and exploring advocacy, gender plays in styles of negotiation. a compellingThe conference concluded with discussion on human trafficking with presentations Attorney for the U.S. by Kenneth Polite, Jr., founder of Eden Carr, de Van Eastern District, Kara House, and Clemmie Greenlee, a sex a heartfelt glimpse The speakers offered survivor. trafficking the need forinto the shattered lives of victims, for a fresh startrobust prosecution and the promise like Edenprovided by victim recovery services, House. Left to right: Honorable , Honorable Sarah Vance, Honorable Sarah Vance, Left to right: Honorable Susie Morgan, Honorable Jane Milazzo, and Honorable Nannette Jolivette Brown APRIL 21, 2016 21, APRIL and NATIONAL FEDERAL BAR ASSOCIATION WOMEN IN THE LAW IN WOMEN NATIONAL BAR FEDERAL ASSOCIATION CONFERENCE

Left to right: Honorable Sarah Vance Left to right: Honorable Sarah Vance

Left to right: Donna Brazile, Timothy Francis, Justice Harry Left to right: Donna Brazile, Timothy T. Lemmon (retired), and Honorable Mary Ann Vial Lemmon Ann Vial and Honorable Mary Lemmon (retired), T. enjoyed lunch overlooking the Mississippi Riverenjoyed lunch overlooking the Mississippi The highlight of the conference came as attendeesThe highlight of the conference came on the art of advancement. West with Pepsi, who provided their perspectives with Pepsi, who provided their West Pratt with Boston ScientificTony Corporation, and with Hazelden Betty Ford Foundation, Timothy Timothy with Hazelden Betty Ford Foundation, the Center for Diagnostic Imaging, Jennifer Lohse from across the country, including Anh Kremer with including from across the country, The next panel was composed of general counselThe next panel was composed of Jolivette Brown, and Judge Susie Morgan. Morgan. Jolivette Brown, and Judge Susie also included Judge Sarah S. Vance, Judge Nannette Vance, also included Judge Sarah S. Triche Milazzo, the impressive roster of panelists the impressive roster of Milazzo, Triche on effective persuasion. Moderated by Judge Jane persuasion. Moderated by on effective advocacy, providing attendees with “insider” tips providing attendees with advocacy, in a discussion on the art of written and oralin a discussion panel of Eastern District judges who participatedpanel of Eastern April 21, 2016. The conference first featured a full-day conference at the Hilton Riverside onfull-day conference a reception held at Jones Walker, followed by the Walker, at Jones a reception held Orleans Chapter warmly welcomed attendees atOrleans Chapter On the evening before the conference, the Newthe conference, evening before On the conference from Washington, D.C. to New Orleans. D.C. Washington, from conference Association moved its annual Women in the Law Women moved its annual Association Now in its third year, the National Federal Bar National Federal the its third year, Now in 2016 FMJA FOUNDER’S AWARD RECIPIENT U.S. MAGISTRATE JUDGE KAREN WELLS ROBY The highest award the Federal Magistrate Judges Association (FMJA), a national organization of United States Magistrate Judges, conveys is its Founder’s Award. This award is not given out each year, but rather is reserved for extraordinary activities and individuals who have displayed exceptional support, loyalty and dedication to the FMJA. Past recipients included William Rehnquist, former Justice of the U.S. Supreme Court, Jim Duff, Director of the United States Courts, and other notable U.S. Magistrate Judges. This year the Eastern District’s very own U.S. Magistrate Judge Karen Wells Roby will receive the award for her exceptional leadership at exactly the right time. Judge Roby, a Magistrate Judge for the Eastern District of Louisiana with 17 years of service, led the organization in 2012 through the critical deliberations to bring the salary restoration litigation which resulted in a salary increase for all 600 magistrate judges in the country. Judge Roby, along with Judge Sidney Schenkier and Judge Karen L. Strombom, successors in leadership who managed the litigation after Judge Roby’s term expired, will also be honored with the award. Judge Roby during her tenure also led the organization through digital communication enhancements which improved methods for magistrate judges to share information. Judge Keesler, President of the Association, says that Judges Roby, Schenkier and Strombom were each “the right leader at the right time whose steady hands, impeccable judgment, servant hearts and relentless focus led us through a game-changing salary restoration effort.” The Award will be given to Judge Roby during the Association’s Annual Meeting which will take place in San Francisco in July.

LUNCH WITH THE COURT PRO BONO CIVIL APPOINTMENTS CHIEF FEDERAL DEFENDER CLAUDE KELLY APRIL 14, 2016 APRIL 13, 2016 The FBA hosted a free CLE On April 13, 2016, the Federal Bar Association, on April 14, 2016 to promote Young Lawyers Division, sponsored a Lunch the Eastern District’s Civil with the Court hosted by the Chief Federal Pro Bono Panel. Speakers Defender for the Eastern District of Louisiana, were Civil Pro Bono Panel Claude J. Kelly, III. The event was attended by volunteers Raymond Waid, numerous lawyers, law students, and members who spoke extensively about of Chief Kelley’s staff. Chief Kelly began the the Hague Convention Child lunch by introducing his staff and explaining the Custody case he volunteered inner workings of his office. The staff described to take as part of the Panel’s Left to right: Erin Arnold, its work in recent trials and appeals. Chief Kelly work. Mr. Waid provided Magistrate Judge Joseph spoke of his previous work both as a prosecutor a thorough overview of the Wilkinson, and Alysson Mills and in private practice. The program was a great Hague Convention cases, opportunity for young lawyers or law students and shared with the audience his experience in both taking interested in becoming a public defender or the case to trial and arguing the appeal before the 5th Circuit prosecutor to learn about the daily work in federal Court of Appeals. Pro Bono Panel volunteer Alysson Mills criminal law. The Lunch with the Court program is also spoke about the prisoner civil rights case she handled hosted every other month by a different Judge or through the Civil Pro Bono Panel. Finally, Magistrate Judge Magistrate Judge and the Federal Bar Association, Wilkinson gave the audience an overview of how the program Young Lawyers Division. It allows younger lawyers works and invited others to volunteer. and law students to observe federal practice from There were over 50 people in attendance, and the FBA both sides of the bench. received very positive feedback on the CLE from the audience members. THE ADVOCATE 7

Judicial District Court for the Parishes of St. th JUNE 16, 2016 16, JUNE COCKTAILS COURT THE WITH Charles and St. John the Baptist, she served four terms as chief judge. Before as chief she served four terms Charles and St. John the Baptist, Judge Mary Ann Vial Lemmon was Lemmon prestigious 2016 selected to receive the Vial Ann Judge Mary American for Inns the of Fifth Award Court Circuit. The Professionalism award in Conference on May 10, 2016 at the Fifth Circuit Judicial was presented Dunn, General, Malinda Stewart & Brigadier Houston by Chief Judge Carl E. U.S. Army (Ret.). District Court, Eastern District of Louisiana, Lemmon is a judge for the U.S. native of St. Charles Parish, Louisiana, she A where she has served since 1996. serving in numerous roles to the community, has devoted her professional career parish of the many in ad hoc and judge pro tempore, judge, judge as district district courts. On the 29 judicial PROFESSIONALISM AWARD FOR FIFTH CIRCUIT THE PROFESSIONALISM AWARD

HONORABLE MARY ANN VIAL LEMMON RECEIVES 2016 AMERICAN INNS OF COURT 2016 ANN VIAL LEMMON RECEIVES HONORABLE MARY

to the highest standards of the legal profession and the rule of law. to the highest standards of the legal profession and the rule of law. lawyer or judge whose life and practice display sterling character, unquestioned integrity, and dedication integrity, unquestioned character, display sterling and practice lawyer or judge whose life The American American The Inns are of awarded Court Awards in Professionalism participating federal circuits, to a – Loyola Law School American Inn of Court and currently serves as the Inn’s program chair. program chair. American Inn of Court and currently serves as the Inn’s – Loyola Law School Board of Directors of the Federal Bar Association. Lemmon is an Emeritus member of the Thomas More Thomas of the member Emeritus is an Lemmon Association. Bar Federal of the of Directors Board Circuit, the Federal Judges Association, and the American Bar Association, and she is a member of the of member a is she and Association, Bar American the and Association, Judges Federal the Circuit, Foundation and of the American Bar Foundation. She is a member of the Judicial Council of the Fifth of the Council Judicial of the She is a member Bar Foundation. American and of the Foundation received its outstanding alumnus “St. Ives Award” in 2010. She is a Fellow of the Louisiana Bar A graduate of Loyola Law School in New Orleans, Lemmon serves on its Visiting Committee and Committee Visiting School in New Orleans, Lemmon serves on its graduate of Loyola Law A Harry T. Lemmon, Associate Justice of the Supreme Court of Louisiana (retired). Lemmon, T. Harry taking the bench, she was in private practice at Vial, Vial & Lemmon with her father and her husband, and father with her & Lemmon Vial Vial, at practice the bench, she was in private taking EDLA and Fifth Circuit federal courts. and Fifth Circuit EDLA provides new event space convenient to the space convenient provides new event converted into office space. The venue Max Barnett Furniture Store before being Furniture Max Barnett deco building that was once home to the that deco building occupies a recently renovated 1928 art renovated 1928 art occupies a recently provided an escape from the heat. The Ace The heat. the from escape an provided Clerk of Court’s Office in a courtyard that federal judiciary and members of the EDLA of the EDLA and members judiciary federal mingled with several members of the members with several mingled which included many summer clerks, which included Ace Hotel on Carondelet Street. Attendees, Street. Ace Hotel on Carondelet on June 16, 2016, at the recently opened recently opened 16, 2016, at the on June their annual Cocktails with the Court event the Court event Cocktails with their annual The Younger Lawyers Division hosted hosted Lawyers Division Younger The NOTICE OF ANNUAL MEETING AND ELECTION OF OFFICERS AND DIRECTORS AUGUST 25, 2016

The New Orleans Chapter of the Federal Bar Association will host its Annual Meeting and Awards Luncheon on Thursday, August 25, 2016, at The Westin New Orleans Canal Place. Please see the registration form on the facing page for additional details. In accordance with the Chapter’s By-Laws, Kelly T. Scalise, our current President-Elect, will automatically succeed the Hon. Sarah S. Vance, as President of our Chapter. Election of the remaining officers and directors will take place at the Annual Meeting. The Nominating Committee has nominated the following: Chapter Officers President: Kelly T. Scalise President-Elect: W. Raley Alford, III Treasurer: Kathryn M. Knight Recording Secretary: Steven F. Griffith, Jr. Membership Chair: Michael J. Ecuyer Immediate Past President: Hon. Sarah S. Vance Younger Lawyers Representative: Megan M. Dupuy Ex Officio: CC Kahr, Executive Director Hon. William Blevins, Clerk of Court, EDLA

Chapter Board of Directors

Erin K. Arnold Tiffany Delery Davis Tracey Knight Hon. Michael North John Balhoff, II Joelle Flannigan Evans Hon. Mary Ann Vial Lemmon Andrea M. Price Hon. Carl J. Barbier Harold J. Flanagan Amy S. Malish Sally Brown Richardson Hon. Nannette Jolivette Brown Kathleen C. Gasparian Omar K. Mason Bradley J. Schlotterer Brian J. Capitelli Soren Gisleson Diana Mercer Paul M. Sterbcow Hon. Lyle W. Cayce Alida C. Hainkel Hon. Jane Triche Milazzo Hon. Janis van Meerveld Lawrence Joseph Centola, III Lesli D. Harris Hon. Susie Morgan Peter J. Wanek José R. Cot Hon. Stephen A. Higginson Thomas Kent Morrison Lara E. White Donna Phillips Currault Claude J. Kelly, III Stephen G.A. Myers

Younger Lawyers Division Officers and Directors – 2016-2017

Officers Chair: Megan M. Dupuy Past Chair: Jennifer L. Englander Vice Chair: Christopher J. Weema Secretary: Scott L. Sternberg Treasurer: Sara A. Johnson

Board of Directors Amenah M. Abdelfattah Susan Keller-Garcia Alysson L. Mills Elizabeth R. R. Showalter Michael B. Admirand Shirin Hakimzdeh Sarah Voorhies Myers Sarah E. Stogner Laura F. Ashley M. Palmer Lambert K. Paige O’Hale Graham H. Williams Chloé M. Chetta Philip D. Lorio J. Douglas Rhorer J. Christopher Zainey, Jr. Tod J. Everage Arthur R. Kraatz Emmy Gill Schroeter Eric A. Foley Randy “RJ” Marse William W. Sentell, III Jonathan S. Forester Annie G. McBride Meghan B. Senter THE ADVOCATE 9

All cancellations is a nationally recognized is a nationally . [email protected]

Federal Bar Federal Association Chapter Orleans New R.S.V.P. by August 18, 2016 Annual Meeting Reservation Form Thursday, August 25, 2016 Thursday, for more information. more for www.nofba.org Visit The George Washington University Law School, Washington The George ~ 12 Noon Luncheon 11 am Cocktails Keynote Speaker: Professor Jonathan Turley Jonathan Professor Keynote Speaker: The Westin New Orleans Canal Place New Orleans Canal The Westin

Annual Meeting and Awards Luncheon Meeting and Awards Annual must be received in writing by August 18, 2016. For additional information, please contact must be received in writing by CC Kahr, Executive Director, by phone at (504) 589-7990 or by email at Executive Director, CC Kahr, Association, 500 Poydras Street, Rm. B-245, New Orleans, Louisiana 70130. Association, 500 Poydras Street, Rm. B-245, New Orleans, Louisiana Please return Annual Meeting Reservation Form to the New Orleans Chapter of the Federal Bar Annual Meeting Reservation Please return

Individual Ticket(s) ($60/person): ______Table(s) ($600/reserved table of 10): ______Table(s) ($60/person): ______Ticket(s) Individual Amount Enclosed: ______Phone Number: ______Email Address:______Phone Number: ______Email with the name of the firm or organization.) Address: ______Reserved tables will be identified determined by the date of payment. Open seating for individuals. Individual/Firm Name: ______Final table and seating location will be (Please include names of attendees on separate paper.

Professor Jonathan Turley, of the most popular legal blogs and, in 2013, was inducted into the ABA Journal’s Hall of Fame. Journal’s ABA in 2013, was inducted into the of the most popular legal blogs and, and has previously worked for both NBC and CBS. His award-winning blog is routinely ranked as one ranked routinely blog is CBS. His award-winning worked for both NBC and and has previously Care Act. Professor Turley also appears regularly as a legal expert on all of the major television networks television of the major on all expert as a legal also appears regularly Turley Professor Act. Care Representatives in its constitutional challenge to changes ordered by President Obama to the Affordable Affordable the to Obama by President ordered changes to challenge constitutional its in Representatives system. In November 2014, Turley agreed to serve as lead counsel to the United States House of extensively on what he calls the “rise of the Fourth Branch” of federal agencies within our constitutional of the Fourth Branch” of federal agencies within our constitutional extensively on what he calls the “rise members to federal judges to Justice and intelligence officials. Professor Turley has written and testified and written has Turley Professor officials. intelligence and Justice to judges federal to members last two decades. He has represented members of all three branches of government from congressional three branches of government of all members He has represented last two decades. extensive publications, Professor Turley has served as counsel in some of the most notable cases in the most notable has served as counsel in some of the Turley Professor publications, extensive legal scholar who has often testified in Congress on constitutional and statutory areas. In addition to his to addition In areas. statutory and constitutional on Congress in testified often has who scholar legal CLERK’S CORNER U.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA TRIAL EXHIBITS IN CM/ECF BY: CAROL MICHEL, CHIEF DEPUTY CLERK

The district court’s preparation of the record, including exhibits admitted or proffered in court during trials or hearings, for submission to the appellate court for appellate review has evolved with the advent of CM/ECF (Case Management/ Electronic Case Files) in federal courts.

Until a few years ago, if they were paper documents, the original exhibits admitted or proffered in open court during trial or an evidentiary hearing were physically delivered to the Fifth Circuit after an appeal was filed and the appellate court requested the exhibits. Physical exhibits would generally remain in the custody of the district court’s Clerk’s Office or, if they were firearms or narcotics, in the custody of the law enforcement agency for safety reasons. If the appellant or the appellee needed access to the trial exhibits for briefing purposes and the trial exhibits had been transmitted to the Fifth Circuit, counsel or the pro se party would be required to obtain the exhibits from the Fifth Circuit Clerk’s Office.

Within the last three years, the Eastern District of Louisiana has provided copies of trial exhibits in PDF format to the Fifth Circuit on disk. At the conclusion of a trial or an evidentiary hearing, the Court required each party to provide a scanned PDF version of all admitted or proffered exhibits on disk to the judge’s case manager. When the case was appealed, the appeals clerk provided the disk with the electronic copy of the exhibits in PDF format to the Fifth Circuit. The original paper documents remained with the district court clerk’s office.

Now that the Fifth Circuit utilizes an “Electronic Record on Appeal” program or “EROA” which creates the Record on Appeal electronically through CM/ECF, the submission of trial exhibits to the appellate court during the appellate process will be through CM/ECF. The Fifth Circuit has requested that, if a notice of appeal is filed, the district court file and docket all trial and evidentiary hearing exhibits into CM/ECF so that the exhibits can become part of the EROA and accessible by the appellate court electronically. Beginning in June 2016, the Clerk’s Office for the Eastern District of Louisiana is implementing the following procedures for filing and docketing trial and evidentiary hearing exhibits into CM/ECF. These procedures have been approved by the judges at an en banc meeting.

1) When a Notice of Appeal is filed, trial and evidentiary hearing exhibits capable of being converted toPDF documents which were admitted into evidence or proffered will be filed and docketed into CM/ECF.

2) An Eastern District of Louisiana judge has the discretion to exempt any case from filing and docketing exhibits into CM/ECF.

3) Immediately after a trial or evidentiary hearing concludes, the district judge will issue an order directing the parties to submit a disk containing one PDF copy of each exhibit admitted into evidence or proffered.

4) If a Notice of Appeal is filed, the judge’s case manager will send a Notice of Redaction Responsibility for Trial Exhibits to all counsel of record and pro se parties advising that trial and evidentiary hearing exhibits not admitted under seal will be filed and docketed into CM/ECF. The Notice will advise that it is the responsibility of all counsel of record and pro se parties to review all trial and evidentiary hearing exhibits to determine if they should be redacted in accordance with all applicable Federal Rules of Civil, Criminal, Appellate, and Bankruptcy Procedures.

cont’d on page 11 CLERK’S CORNER THE ADVOCATE U.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA TRIAL EXHIBITS IN CM/ECF BY: CAROL MICHEL, CHIEF DEPUTY CLERK (cont’d)

5) The Notice of Redaction Responsibility will also advise that the party has 14 days from the date of the filing of the Notice of Appeal to provide a redacted version of the trial or evidentiary hearing exhibits which complies with applicable Federal Rules (i.e., Federal Rule of Appellate Procedure 25(a)(5), Federal Rule of Civil Procedure 5.2, Federal Rule of Criminal Procedure 49.1, or Federal Rule of Bankruptcy Procedure 9037).

6) In addition, if the admitted or proffered exhibit contains sensitive information, but the trial exhibit was not received under seal, counsel of record or the pro se party may file a motion seeking to redact the sensitive information and, if granted, counsel or the pro se party shall provide to the Clerk’s Office through the judge’s case manager a redacted version of the trial exhibit in PDF format on a disk marked “Redacted Exhibits” for filing and docketing in CM/ECF.

7) If, within 14 days after the filing of a Notice of Appeal, the parties do not file a redacted version of a trial or evidentiary hearing exhibit which complies with applicable Federal Rules indicated above, or do not file a motion to submit a redacted version of an exhibit containing information the party considers sensitive, the district court Clerk’s Office will file and docket the unredacted exhibit into CM/ECF.

8) The parties are advised that the duty to review trial exhibits for sensitive information and to redact information from the exhibits in accordance with the Federal Rules of Appellate, Civil, Criminal and Bankruptcy Rules is that of counsel and the pro se parties. The Court and the Clerk’s Office have no responsibility to review trial exhibits for redaction purposes.

9) Unless an exhibit is admitted under seal or a redacted version is provided in accordance with these procedures, the trial exhibit will be filed and docketed into CM/ECF and accessible by court users and case participants. Upon request, remote public access will be provided to all non-sealed exhibits or exhibits redacted in accordance with these procedures.

10) On appeal, trial and evidentiary hearing exhibits will be available to the parties in accordance with the Fifth Circuit’s EROA rules and procedures.

11) If the trial exhibit was admitted under seal, the party to an appeal may obtain access to the sealed exhibits and any sealed documents by filing a motion with the Fifth Circuit requesting access to the sealed documents and exhibits. If the Fifth Circuit grants this request, the Eastern District of Louisiana’s Clerk’s Office will provide the party with a PDF copy of the sealed documents and exhibits on a disk.

If you have questions regarding the district court’s procedures for filing trial exhibits in CM/ECF, please contact the judge’s case manager, James Crull, the case manager supervisor, Bonnie Catalanotto, the docketing supervisor, or me, and we will assist you.

11 Federal Bar Association New Orleans Chapter The Supreme Court: Cases and Controversies An exploration of the current nomination controversy, the history of the court, and possible areas of reforms, including Professor Turley’s proposal in Congress to expand the Supreme Court to 19 members.

August 26, 2016 at 12 p.m. Professor Jonathan Turley, The George Washington University Law School, is a nationally recognized legal scholar who has often testified in Congress on constitutional and statutory areas. In addition to his extensive publications, Professor Turley has served as counsel in some of the most notable cases in the last two decades. He has represented members of all three branches from congressional members to federal judges to Justice and intelligence officials. Professor Turley has written and testified extensively on what he calls the “rise of the Fourth Branch” of federal agencies within our constitutional system. In November 2014, Turley agreed to serve as lead counsel to the United States House of Representatives in its constitutional challenge to changes ordered by President Obama to the ACA. Professor Turley also appears regularly as a legal expert on all of the major television networks and has previously worked for both NBC and CBS. His award-winning blog is routinely ranked as one of the most popular legal blogs and, in 2013, was inducted into the ABA Journal’s Hall of Fame. Details Date & Time: August 26, 2016 at 12 p.m. (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, C-279, New Orleans, LA CLE: 1 Hour of CLE

Registration Fees: FBA Member Rate - $35 (includes a light lunch) Non-Member - $55 (includes a light lunch) Government/Law Student - $20 (includes a light lunch)

The Supreme Court: Cases and Controversies

Name:______

Firm/Organization:______

Telephone:______Email:______o FBA Member: $35 o Non-Member: $55 o Government /Law Student $20 Total $ ______To register online, please go to www.nofba.org. Otherwise, please complete the above registration and remit payment to the Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Rm. B-245, New Orleans, LA 70130. Cancellations must be received in writing two days in advance in order to receive a refund. Please contact CC Kahr, Executive Director, by phone at (504) 589-7990 or by email at [email protected] with any questions. THE ADVOCATE 13

Attendees New Orleans Don F. Shaw Don F. Law Office of Dustin Poche John Yadamec John Lynda A. Tafaro A. Lynda & Luminais, LLP Becky Stevenson Loyola Law School Loyola Law School Loyola Law School Miguel A. Romero A. Romero Miguel William A. Schafer William Dayna M. Wheatley Dayna M. World Trade Center of Trade World Nathalia Brandstetter Francis J. Lobrano, LLC The Katner Law Firm, LLC McCranie, Sistrunk, Anzelmo, Anzelmo, McCranie, Sistrunk, Wagar Richard Kutcher Tygier Tygier Kutcher Richard Wagar Hardy, McDaniel & Welch, LLC McDaniel & Welch, Hardy, Wheatley Immigration Law, LLC Wheatley Immigration Law, and writer for NACLA Report and writer NACLA for Patrol Nation: Dispatches from the Front Lines of of Lines from the Front Dispatches Nation: Patrol Homeland Security a number the Americas.on afforded Attendees were able even and were events, and social networking of Orleans. New of the Port totake toura of hadalso the opportunity to connect with, and support, Eden House, a home for trafficking victims, which was ILSby founded board member and conference Support Carr. de for committee Kara member Van and donations, collections included the Eden House and work a residents, with its lunch to have chance a 14. the morning on May the House on of project Morris Bart Hope Phelps Blood Institute & Smith, APLC Attorney at Law The Mary E. Lorenz

Shields Mott, LLP Adrienne C. May John J. Gillon, Jr. Loyola Law School Loyola Law School Christopher Leger Christopher Shirin Hakimzadeh Matthew D. Hemmer Michael T. Moore, Jr. Moore, T. Michael Kathleen A. Manning Kathleen NEW MEMBERS NIH/National Heart Lung Lambert J. Hassinger, Jr. Lambert J. Hassinger, McGlinchey Stafford, PLLC McGlinchey Stafford, Burglass & Tankersley, LLC & Tankersley, Burglass U.S. Attorney’s Office, EDLA Attorney’s U.S. Galloway, Johnson, Tompkins, Burr Johnson, Tompkins, Galloway,

The Federal Bar Association welcomes its new members: Association welcomes its The Federal Bar CC Kahr, Executive Director at (504) 589-7990 for more information. CC Kahr, IMMIGRATION LAW CONFERENCE – MAY 11 - MAY 13, 2016 13, MAY - 11 LAWIMMIGRATION MAY – CONFERENCE LLC Law Group The dynamic conference of more than more . The dynamic of conference & Stewart, PC th Laurie D. Clark Samuel Furman Greenbaum, LLC Greenbaum, become a member, please call Steven Griffith, Membership Chair, at (504) 566-5200, or please call Steven Griffith, Membership Chair, become a member, If you would like to become a member of the FBA, or know someone who would like to If you would like to become a member of the FBA, or know someone Ashley E. Arnold Ashley E. Loyola Law School Loyola Law School Loyola Law School Loyola Law School Miriam K. Crespo Bianca M. Brindisi Maura M. Doherty

Kristie L. Bowerman Chynna M. Anderson Chynna M. Monique G. Doucette Theodore R. Carter, III R. Carter, Theodore Immigration & Nationality U.S. Department of Justice

Pusateri, Barrios, Guillot & to 13 LA Capital Assistance Center Capital LA th

Ogletree, Deakins, Nash, Smoak Ogletree, Law Office of John W. Redmann, Law Office of John keynote speaker was Todd Miller, author of Border of author Miller, speaker Todd was keynote

Business Business Immigration and Consular Practice. Litigation, Family and Humanitarian Law, and and Humanitarian Family Law, Litigation, CLE tracks covered Removal and Federal Court and Federal Removal tracksCLE covered wide variety of private bar attorneys. private varietywide Three of topical Homeland Security, the Department and a Security, State, of Homeland courts, courts, the federal the Department of 35 sessions included speakers from the immigrationthe from speakers included sessions 35 11 Annual Immigration Law Conference from May Federal Bar Association Immigration Law Section’s ImmigrationAssociationBarSection’s FederalLaw For For the first time, New Orleans was host to The 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. v JONES ACT AND GENERAL MARITIME accrue interest at a 4% rate from April 8, 2015 until paid. LAW Docket No. 15-1658, Section J(2) (Bench trial held In Matthews v. Weeks Marine, Inc., Plaintiff was on May 23, 2016). employed as a cook on the RN WEEKS, a vessel owned and operated by Defendant. On or about March 20 or 21, 2015, Plaintiff injured his right knee while working In Weeks Marine, Inc. v. Rodney Watson, Plaintiff on the vessel. At approximately 4:30 a.m., Plaintiff left Watson, a cook on the vessel, B.E. LINDHOLM, was the galley where he worked and walked to the stern deck injured when he was struck by a large steel steam cable to smoke a cigarette. As he walked toward the stern, that toppled over in the galley in rough seas. Plaintiff’s Plaintiff described seeing water on the deck, and slipped employer, Weeks Marine, cut off maintenance and cure on what he described as a “slick spot” and twisted his on January 15, 2015, relying on its doctor’s opinion that right knee. Plaintiff had reached maximum medical improvement. Plaintiff’s treating physicians have not made such a An MRI performed on Plaintiff’s right knee on April finding and have recommended further surgeries to 22, 2015 showed a tear of the anterior horn of the lateral improve Plaintiff’s condition. Plaintiff sought damages meniscus, as well as a loss of articular cartilage involving for negligence and unseaworthiness, as well as punitive the lateral compartment of the knee and patella. damages and attorney’s fees based on Defendant’s willful and wanton failure to pay maintenance and cure. Plaintiff sought damages for negligence and unseaworthiness, as well as maintenance and cure. The Court ruled in favor of Plaintiff on all of his Defendant failed to pay any maintenance and cure to claims and awarded the following damages: Plaintiff. $100,000.00 for past pain and suffering; $250,000.00 The Court found that Plaintiff failed to prove his for future pain and suffering; $48,906.00 for past wage negligence and unseaworthiness claims. Plaintiff failed loss; $400,000.00 for future loss of earning capacity; to carry his burden of proof to establish the nature of $9,340.00 for maintenance through May 17, 2016; the substance on which he slipped, or that there was any $56,582.00 for past unpaid cure expenses; $20.00 per foreign substance on the deck other than water, which day for future maintenance expenses until Plaintiff is a normal expected condition on a seagoing vessel. reaches MMI; $125,000.00 for future medical expenses; Plaintiff also failed to introduce sufficient evidence $100,000.00 for punitive damages for the willful failure to show any unseaworthy conditions aboard the RN to pay maintenance and cure; and $50,000.00 for WEEKS that played a substantial part in bringing about, attorney’s fees. or actually causing, his right knee injury. Docket No. 15-600 c/w 15-611, Section J(2) (Bench The Court found that Plaintiff was entitled to recover trial held on May 16 – May 17, 2016). maintenance and cure. The Court awarded him incurred medical expenses and future medical expenses relating to his treatment and surgery on his right knee. Plaintiff In Jordan v. ENSCO Offshore Company, Plaintiff had incurred $4,650.00 in medical expenses, and the was employed by the Defendant as a floorhand on proposed total knee replacement will cost approximately the ENSCO 8506, a semi-submersible drilling vessel $45,885.00, excluding any costs for post-surgical care. located in the Gulf of Mexico. On March 3, 2013, the The Court also awarded maintenance benefits at the rate ENSCO 8506 was performing drilling operations for of $20.00 per day from April 8, 2015 through the current Anadarko Petroleum Company. Plaintiff was assigned date, and at the rate of $35.00 per day from the date of judgment until Plaintiff reaches maximum medical improvement. The past due maintenance benefits will cont’d on page 15 TRIALS AND TRIBULATIONS (CONT’D) THE ADVOCATE the night tour on March 3, 2013, working the drill floor from 12:00 p.m. to 12:00 a.m. According in which they were named. Dr. Ogboukiri was to Plaintiff, in the course of his duties, he was found not guilty of all the charges he faced, which instructed to pull on a metal cable spooled to included the conspiracy count and two counts of a yellow air hoist when a burr on the cable health care fraud. penetrated his glove and punctured the tip of his left index finger. The wound became infected and Docket No. 15-155, Section N (Jury trial held Plaintiff developed reflex sympathetic dystrophy on March 7, 2016). in the finger. Plaintiff’s treating physician recommended the finger be amputated. Plaintiff v sued alleging negligence under the Jones Act for CIVIL ACTIONS failing to get him timely medical treatment, and Ø that ENSCO 8506 was unseaworthy because of Products Liability (Louisiana Products the burr on the cable which punctured his finger. Liability Act)

Defendant’s theory of the case was that the In Joel C. Thibodeaux v. Wellmate, et al., Plaintiff did not injure his finger on March 3 while Plaintiff was hired by Chevron USA, Inc., in working as a floorhand on the ENSCO 8506. June 2007 as an operator. A Wellmate 12 tank, Instead, Defendant argued that Plaintiff sliced manufactured by Defendant, Pentair Water the tip of his left index finger on a pocket knife Treatment OH Company, was installed as part of on February 28, 2013, while at home. It was that a potable water system on the platform on which wound, according to Defendant, which caused Plaintiff was working. On July 5, 2011, Plaintiff Plaintiff’s finger to become infected. and two of his co-workers attempted to address a pressure-related issue with the water pressure The jury returned a verdict finding that the tank. They isolated the tank from the system, Defendant was not negligent under the Jones Act, bled all the water pressure from the system, and nor was the vessel unseaworthy. There was no disconnected the plumbing connecting the tank’s recovery by Plaintiff. drain assembly to the system. While Plaintiff was unscrewing the threaded drain assembly from Docket No. 15-1226, Section E(1) (Jury trial the bottom of the tank, pressure in the bladder held on May 23 – May 26, 2016). released and Plaintiff was injured. Every bone from Plaintiff’s eyebrow to his chin was fractured, requiring several medical procedures and v CRIMES AND CRIMINAL PROCEDURE extensive treatment. Plaintiff sued Pentair under the Louisiana Products Liability Act alleging the Ø Criminal – Medicare Fraud Wellmate 12 tank was unreasonably dangerous in construction or composition, unreasonably In United States v. Elaine Davis, et al., the dangerous in design, and unreasonably dangerous United States charged two doctors and the owner of because of inadequate warning. Defendant denied a home health agency with one count of conspiracy all allegations. to commit health care fraud, in violation of 18 U.S.C. §1349, and multiple, substantive counts of The jury returned a verdict finding that health care fraud, in violation of 18 U.S.C. §1347. Defendant’s product was not unreasonably dangerous. After deliberating for approximately nine hours, the jury returned a mixed verdict. Docket No. 12-1375, Section E(5) (Jury trial Defendants, Elaine Davis and Dr. Pramela Ganji, held on May 31, 2016 – June 7, 2016). were found guilty of conspiracy and, together, committing one substantive count of health care fraud. However, both defendants were found not guilty of the remaining counts of health care fraud 15 Federal Bar Association FIRST CLASS MAIL New Orleans Chapter U.S. POSTAGE P A I D c/o Hon. Sarah S. Vance PERMIT NO. 385 Chapter President NEW ORLEANS, LA 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 Steven F. Griffith, Jr. 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: Michael Ecuyer, Brian Capitelli, Brad Schlotterer SAVE THE DATE FOR UPCOMING EVENTS Please contact us at: Annual Meeting & Luncheon Securing Appointments in [email protected] [email protected] August 25, 2016 Louisiana Federal and [email protected] 11:00 a.m. Cocktail Reception State Courts 12:00 p.m. Luncheon Fall 2016 Westin Hotel Canal Place

Annual Cultural The Supreme Court: Heritage Seminar Cases and Controversies Fall 2016 August 26, 2016 12:00 p.m. CJA Panel Training U.S. District Court, EDLA, Fall 2016 Room C-279

Admiralty Law Section CLE Trends in Louisiana Chemical December 1, 2016 Exposure Cases U.S. District Court, EDLA, September 22, 2016 Room C-279 12:00 p.m.

For additional information or to register, please go to www.nofba.org, Email [email protected], or call (504) 589-7990