RESURRECTION OF A REAL RIGHT: Annuities with a Charge
Also Inside: • Interstate Discovery Simplified • Are Medicare Set-Asides Legally Mandated in Personal Injury Settlements? • Book Review: Acadie LegierCo haystack NO Mag Aug09 8/12/09 4:37 PM Page 1
The Needle In A Haystack
Ask how we can help you file BP Oil Spill Claims utilizing the latest court-supervised settlement methodology.
Complex financial litigation cases often require the engagement of experts who can find “the needle in a haystack.” A substantial edge is gained when you have Legier & Company’s Forensic & Investigative CPA and Expert Witness Group on your team to help you find obscured financial facts that build and prove stronger cases. Expert Testimony • Fraud • Forensic & Investigative Accounting • Calculating and Refuting Financial Damages Business Valuations • Bankruptcies • Shareholder Disputes • Lost Profits • Business Interruptions Lost Wages • Corporate Veil Piercing • Marital Dissolutions For more information, contact William R. Legier (504) 599-8300
1100 Poydras Street • 34th Floor • Energy Centre • New Orleans, LA 70163 Telephone (504) 561-0020 • Facsimile (504) 561-0023 • http://www.legier.com Louisiana Bar Journal Vol. 62, No. 6 417 418 April / May 2015 ®
April / May 2015 Volume 62, Number 6
Departments Features
Editor’s Message...... 423 Interstate Discovery Simplified: Louisiana Passes the Uniform Interstate Depositions and Discovery Act President’s Message...... 424 By Christopher D. Cazenave and Graham H. Ryan...... 426 Association Actions...... 440 Practice Management...... 450 Resurrection of a Real Right: Annuities with a Charge By Tyler G. Storms...... 430 Lawyers Assistance...... 451 Focus on Diversity...... 452 Are Medicare Set-Asides Legally Mandated in Personal Injury Settlements? Puzzle...... 453 By Roger J. Larue...... 434 Discipline Reports...... 454 Book Review Recent Developments...... 458 Acadie, Then and Now: A People’s History by Warren Perrin, Mary Broussard Young Lawyers...... 479 Perrin and Phil Comeau Reviewed by W. Thomas Angers...... 438 La. Center for Law and Civic Education...... 481 LSBA Annual Report 2014 Judicial Notes...... 482 Follows page...... 456 People...... 484 Louisiana State Bar Association Annual Meeting & Joint LSBA / Louisiana News...... 488 Judicial College Summer School Classified...... 493 Registration and Program Information...... 444 The Last Word...... 496 LOUISIANA RIsIng Also Inside
Member Services...... 422 2014 Alcohol/Drug Abuse Hotline.. 453 LOUISIANA STATE BAR ASSOCIATION 2015 LSBA SOLACE...... 487 ANNUAL REPORT Annual meeting Advertisers’ Index...... 494 & ADR Directory Information.... 495 LSBA/LJC Summer School
Supplement to the Louisiana Bar Journal Louisiana Bar Journal / 2014 Annual Report 1 June 7-12, 2015 CLICK HERE TO REGISTER TODAY!
Louisiana Bar Journal Vol. 62, No. 6 419 ® Officers 2014-15 President Editorial Board Joseph L. (Larry) Shea, Jr. • (318)934-4017 Barry H. Grodsky Robert A. Kutcher President-Elect Editor (504)830-3820 Mark A. Cunningham • (504)582-8536 (504)599-8535 Winfield E. Little, Jr. Secretary Adrejia L. Boutte (337)430-0907 Barry H. Grodsky • (504)599-8535 (504)561-5700 Alainna R. Mire Treasurer (318)449-5046 Christopher D. Cazenave Robert A. Kutcher • (504)830-3820 (504)582-8408 John H. Musser V Immediate Past President (504)523-0400 Scotty E. Chabert, Jr. Richard K. Leefe • (504)830-3939 (225)771-8100 Christopher K. Odinet (225)771-4900 Board of Governors 2014-15 John S. (Chip) Coulter (225)382-3183 Roy H. (Hal) Odom, Jr. First District (318)227-3762 David W. Leefe • (504)556-4137 Anthony M. DiLeo (504)274-0087 Maggie Trahan Simar Patrick A. Talley, Jr. • (504)584-9220 (337)394-6133 Second District Mickey S. deLaup (504)828-2277 Gail S. Stephenson John E. (Eddie) McAuliffe, Jr. • (504)840-4909 (225)771-4900, x216 Third District Brendan P. Doherty (832)255-6019 Tyler G. Storms Blake R. David • (337)233-2323 (318)255-7805 Fourth District Stephen I. Dwyer (504)838-9090 Dylan Tuggle Thriffiley Shayna L. Sonnier • (337)436-1600 (504)620-3187 Fifth District Gerald J. (Jerry) Huffman, Jr. (504)524-8556 Edward J. Walters, Jr. Michael E. Holoway • (985)871-3924 (225)236-3636 C. Kevin Hayes • (225)268-2725 Margaret E. Judice (337)828-1880 Jack K. Whitehead, Jr. Sixth District (225)303-8600 Robert G. Levy • (318)443-7615 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Seventh District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Thomas M. Hayes III • (318)387-2422 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and Eighth District additional offices. Annual subscription rate: members, $5, included in dues; Katherine Smith Baker • (318)934-4006 nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM Chair, Young Lawyers Division 41450540. Return undeliverable Canadian addresses to: P.O. Box 2600, J. Lee Hoffoss, Jr. • (337)433-2053 Mississauga, ON, L4T 0A8. At-Large Members Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Julie Hayes Ferris • (504)982-9340 Charles Avenue, New Orleans, Louisiana 70130. Mickey S. deLaup • (504)828-2277 John M. Frazier • (318)226-9100 Subscriber Service: For the fastest service or questions, call Darlene M. LSU Paul M. Hebert Law Center LaBranche at (504)619-0112 or (800)421-5722, ext. 112. John M. Church • (225)578-8701 Editorial and Advertising: Tulane Law School Publication of any advertisement shall not be considered an endorsement Ronald J. Scalise, Jr. • (504)865-5958 of the product or service involved. Submissions are welcome and will be Louisiana State Law Institute considered for publication by the Editorial Board. For submission guide- Marguerite L. (Peggy) Adams • (504)556-4142 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Alainna R. Mire • (318)449-5046 Reproduction in whole or part without permission is prohibited. Views expressed are those of the authors only. Editorial Staff Executive Director Luminary Award 2003 Loretta Larsen, CAE National Association of Bar Executives Communications Director Communications Section Kelly Wells Ponder Excellence in Regular Publications Publications Coordinator/Managing Editor Darlene M. LaBranche International Communications Coordinator Association of Barbara D. Baldwin Business Public Relations Society ommunicators Communications Assistant C of America New Orleans Krystal Bellanger Rodriguez New Orleans Chapter Chapter Award of Advertising Booking Questions? Bronze Quill Call (504)619-0131. Award of Merit
420 April / May 2015 LOUISIANA CHAPTER
TheThe followingfollowing attorneysattorneys areare recognizedrecognized forfor ExcellenceExcellence inin thethe fieldfield ofof AlternativeAlternative DisputeDispute ResolutionResolution
David S. Cook Mimi Methvin A. J. Krouse Steven Crews Thomas Juneau (337) 234-4155 (337) 501-1055 (504) 599-8016 (318) 527-0142 (337) 269-0052
Scott Love Andrew McGlathery Bernie McLaughlin Elizabeth Middleton Lynne Stern (225) 389-9899 (337) 493-7271 (337) 310-1609 (318) 487-9406 (504) 259-4488
Check your preferred available dates or schedule appointments online, directly with Academy Members - for free. Visit www.LouisianaMediators.org/quicksearch
* The National Academy of Distinguished Neutrals is an invitation-only professional association of over 900 litigator-rated mediators & arbitrators throughout the US and a proud partner of the AAJ and DRI. For more info, please visit www.NADN.org/about Louisiana Bar Journal Vol. 62, No. 6 421 ® 601 St. Charles Ave. New Orleans, La. 70130 Member Web site: www.LSBA.org (504)566-1600 (800)421-LSBA Services Fax (504)566-0930 Louisiana Hotels Programs The following hotels have agreed to corporate discount rates for For information about these LSBA programs, contact the Bar Office by calling (504)566-1600 LSBA members. Call, e-mail or check the website link for the or (800)421-LSBA. If you have questions regarding the negotiated corporate rates offered at current discounted rates. When making reservations, you must the hotels listed, contact Kayuyum Koban for assistance. identify yourself as an LSBA member.
Alternative Dispute Resolution Program New Orleans Client Assistance Fund Bienville House, (800)535-9603 Continuing Legal Education Program e-mail: [email protected] Ethics Advisory Service www.lsba.org/GoTo/BienvilleHouse
Lawyers’ Substance Abuse Hotline • (866)354-9334 Hilton St. Charles, (504)524-8890 Legal Specialization Program Hilton Garden Inn, (504)281-4004 Loss Prevention Counsel email: [email protected] Johanna G. Averill, Lindsey M. Ladouceur and Elizabeth LeBlanc Voss • (800)GILSBAR www.neworleansfrenchquartercbd.hgi.com SOLACE (Support of Lawyers/Legal Personnel All Concern Encouraged) Hotel InterContinental, (877)866-9005 e-mail: [email protected]
Hotel Monteleone, (800)535-9595 Publications e-mail: [email protected] Louisiana Bar Journal www.lsba.org/GoTo/HotelMonteleone Hyatt Regency New Orleans, (888)591-1234 “Bar Briefs” (online) www.hyatt.com, Corporate #95147 Inside the LSBA (online e-newsletter) Hyatt French Quarter, (504)281-4004 email: [email protected] Online Services www.frenchquarter.hyatt.com Louisiana Bar Today Opinion Service Lending Library Hyatt Place, (504)281-4004 email: [email protected] Membership Directory Twitter www.hyattplaceneworleansconventioncenter.com Fastcase (free online legal research) Facebook JW Marriott New Orleans • www.jwmarriottneworleans.com Law Office ManagementAssistance Program Le Pavillon Hotel, (800)535-9095 • http://bit.ly/LPLSBAR Loews New Orleans Hotel • (504)595-5370, (866)211-6411 Young Lawyers Division Marriott Courtyard Downtown www.courtyardneworleansfrenchquarter.com Bridging the Gap Choose Law Mentor Program New Orleans Marriott Barristers for Boards www.lsba.org/GoTo/NewOrleansMarriott Young Lawyers’ Directory Wills for Heroes New Orleans Marriott at the Convention Center www.lsba.org/GoTo/MarriottCC Insurance through Gilsbar Renaissance Pere Marquette www.renaissanceperemarquette.com Group Insurance Major Medical The Ritz-Carlton, (800)826-8987, (504)670-2845 e-mail: [email protected] Disability The Roosevelt New Orleans • (504)335-3138, 1(800)WALDORF Malpractice Sheraton New Orleans, (504)595-6292 (800)GILSBAR • (504)529-3505 • See inside back cover e-mail: [email protected]
Westin Canal Place, (504)553-5110 e-mail: [email protected] Car Rental Programs The Whitney Wyndham, (504)581-4222 The following car agencies have agreed to discount rates for LSBA members. Windsor Court, (800)262-2662, (504)523-6000 e-mail: [email protected] Avis – (800)331-1212 • Discount No. A536100 Wyndham Riverfront New Orleans, (504)524-8200 Budget Rent-a-Car – (800)527-0700 • Discount No. Z855300 Hertz – (800)654-2210 • Discount No. 277795 Baton Rouge Courtyard Baton Rouge Acadian Thruway www.courtyardbatonrouge.com • (Corporate Code: ABA)
Other Vendors Crowne Plaza Baton Rouge, (225)925-2244, (225)930-0100 The following vendors have agreed to discount rates for LSBA members. e-mail: [email protected]
Hilton Baton Rouge Capitol Center, (800)955-6962, (225)344-5866 ABA Members Retirement – (800)826-8901 LexisNexis – (800)356-6548 Corporate ID #0921780 • www.lsba.org/GoTo/HiltonBRCapitol CoreVault – (866)945-2722 LawPay - (866)376-0950 Sheraton Baton Rouge, (225)378-6177 Geico - (800)368-2734 United Parcel Service – (800)325-7000 e-mail: [email protected] Lafayette * National Hotel Chains SpringHill Suites Lafayette South at River Ranch Holiday Inn, (800)HOLIDAY LaQuinta Inns & Suites, (866)725-1661 www.lsba.org/GoTo/SpringHill Use ID No. 100381739 www.LQ.com Lake Charles Use corporate rate code LABAR Best Western Richmond Suites, (337)433-5213
*Discounts not guaranteed at every hotel property within a national chain. Contact specific property to inquire about availability of LSBA Shreveport discounted rates. Clarion Shreveport Hotel, (318)797-9900 The Remington Suite Hotel, (318)425-5000 www.remingtonsuite.com
422 April / May 2015 EDITOR’S MESSAGE
Goodbye, Farewell and Amen
By Barry H. Grodsky kay. Those increasing the number of themed issues, Richard Leefe and Larry Shea; a Chief we were able to focus on a broad area of Justice of the Supreme Court, Catherine of you who law in one Journal. We have often moved D. (Kitty) Kimball; and “our friend” Jim away from purely legal topics and focused, McClelland. I have spoken to dozens of are televi- for example just recently, on issues of well- contributors and potential contributors. sion nostalgia ness, health and quality of life. We featured I am truly overwhelmed by how many lawyers in non-lawyer roles such as Tony people want to contribute. This leads to Obuffs will recognize this DiLeo’s artwork and Randy Roussel’s tough decisions by the Editorial Board, but title. It’s from the last photography. I believe our Bar Journal that’s all part of the process. I have received, has honored its commitment to keep our on behalf of the Bar Journal, many calls episode of M*A*S*H. members up-to-date and did so with well- and messages of thanks which I have shared written, articulate and well-thought-out with the Editorial Board and the Bar staff. But I think it works very articles. The ship didn’t sink. This included a call from Judge Peter Beer well here for a couple of Secondly, this is my last Editor’s Mes- thanking us and author Bob Kutcher for sage as I turn the reins over to Alainna Mire, the article about the lawsuit in which he reasons. the incoming secretary. I have truly enjoyed was the named lead plaintiff in suing the First, when something works well, there this experience. I remember having dinner United States. I have received so many is no real need to change it. (In an earlier with Richard Leefe at the Louisiana Bar calls and notes about the article on Jim message, I quoted the great philosopher Foundation gala as he was coming into McClelland (with special thanks to LSBA Bum Phillips who eloquently said, “If office as secretary. He graciously accepted Executive Director Loretta Larsen for her it ain’t broke, don’t fix it.”) This title my request to become a member of the input). I even received a few notes about worked well for the M*A*S*H finale, so Editorial Board, a true prerequisite to be- prior Editor’s Messages . . . very gratifying. why change it? When things work well, coming secretary. That was an eye-opening As secretary, I have made calls for more why change them? As Louisiana State Bar experience! I learned from Richard and participation in Bar activities, such as being Association (LSBA) secretary, I was very then-Secretary Ed Walters (as well as all on a committee or serving as a mentor. I fortunate to inherit a great Bar Journal (the the members of the Editorial Board) of truly believe that the success of all Bar Bar’s other publications are top-notch as what is expected and what needs to be programs is dependent on volunteerism. well). I really didn’t need to change much done. I also have learned that not only does Over the past 10 years or so, I have served of anything. In working with the Editorial the secretary have to make decisions but on more than half a dozen committees and Board and the tireless Bar staff, a few re- also those decisions sometimes have to be am currently the chair of one. While being visions were made here and there but my made quickly. (Thank goodness for the Bar a “Bar junkie” is a bit more than simply biggest challenge was not to let the ship staff, in particular, Darlene, who must be volunteering, this has all been enjoyable. sink. Our members should be very proud tired of reminding me of my deadlines.) I wouldn’t change a thing. I am proud of the Bar Journal. I have had a chance I am fortunate that the criticisms have that the Bar Journal kept our members to see journals and magazines from other been very few (one about grammar and up-to-date and hopefully inspired some to states and I am convinced that ours is one word usage — and I still think I was become more active. It is hard work but of the very best. Being published six times right — one about a Journal cover and truly rewarding. a year is often enough to let our readers one about some photos from the LSBA So as my tenure winds down, I’ll now know of recent developments, trends in Annual Meeting). Three complaints for exhale and then let Alainna take over. She the law and current information about nearly a dozen Journals sent to 20,000+ will do a great job. So, at this point, I’ll say judges and lawyers, as well as legal news members. Not too bad. What has been most “Goodbye, Farewell and Amen.” relevant at the time. However, it also gives rewarding has been my interaction with so us time to develop feature articles which many people dealing with the Bar Journal. are analytical, informative and helpful. By I have interviewed two Bar Presidents,
Louisiana Bar Journal Vol. 62, No. 6 423 President’s message
A Few Last Words as President By Joseph L. (Larry) Shea, Jr.
“We must find time to stop and thank the people who make a difference in our lives.” —John F. Kennedy
n the last few weeks, I have thought more and more about being in the home- stretch of my presidency. WithI that in mind, it was my initial intention to write about what the Louisiana State Bar Association (LSBA) has accom- plished over this year. I was going to start off by writing about the LSBA’s increased efforts at out- Joseph L. (Larry) Shea, Jr. with Chief Justice Bernette Joshua Johnson at the 2014 Annual Meeting reach to our members throughout Louisiana Supreme Court Reception in Destin, Fla. Photo by Matthew Hinton Photography. the state. As one of those rare on the excellent Conclave on Diversity in membership in times of trouble. I was going presidents from north Louisiana, the Legal Profession in March. I was going to make sure that you were aware that the outreach was a major objective to emphasize the advancements we have LSBA has served its members well over made in the area of access to justice with the last year through the continuance and and I believe we have made our support of pro bono programs, our work improvement of such important services as great strides in furthering that with legal services, and our innovations in Fastcase and free CLE programs, the Ethics objective. With our new Outreach court self-help resource centers and other Advisory Service and the Client Assistance self-represented litigant assistance. I was Fund, our Lawyer Fee Dispute Resolution Committee and Regional Panels, going to discuss the Legal Education and Program and our Diversion Program, just we are pursuing innovative ways Assistance Program (LEAP), our new to name a few. to involve more of our members program working with libraries across I then began reflecting upon what it has in what the LSBA does. the state, and the continued expansion of meant to serve as LSBA president and what our self-represented litigant efforts with I will remember most about that year. As district courts. I was going to note that we Ralph Waldo Emerson wrote, “I awoke this I was going to impress upon you the just received reports indicating that literally morning with devout thanksgiving for my LSBA’s recognition of the increasing diver- thousands of people have been assisted friends, the old and the new.” I immediately sity of our lawyer population in Louisiana, though these self-help undertakings. knew that my few last words as president and the LSBA’s commitment to removing I was going to remind you that the LSBA would have to be words of thanks. I want to barriers that restrict persons of diverse has increased its support for the Lawyers begin by thanking you for allowing me the backgrounds from participating in the Assistance Program (LAP) by expanding privilege of serving as president. It has been profession and seeking to achieve greater the resources it has available to help our a humbling experience. Sure, it has been a inclusion. I was going to commend our staff
424 April / May 2015 lot of hard work, but it has accorded me the opportunity to visit legal communities across the state and elsewhere and to meet, work with, and sometimes just observe and admire an untold number of attorneys who devote considerable time and effort to the betterment of our profession. Most of them are unsung heroes. They do good things just to have done good things and do not look for credit. I also want to express my gratitude to the many judges with whom I have had Presidents Joseph L. (Larry) Shea, Jr., John H. Musser IV, Richard K. Leefe, James (Jimmy) J. Davidson III and Michael A. Patterson at the 2013 Annual Meeting. Photo by Matthew Hinton Photography. the distinct pleasure of working — judges who tirelessly spend hours upon hours in a great example of how it should be done. I serve as president of the Bar without input, service of the public and the profession. Few also want to thank the many past presidents advice, direction and counsel from Loretta. know how hard each and every one of the of the Bar who have helped me along the Moreover, she has assembled a formidable Justices of our Supreme Court work behind way (from this old guy’s perspective, there is team to assist her. From the Associate Ex- the scenes to advance important initiatives. much to be said for the advice of old guys), ecutive Director Cheri Grodsky to the Di- If you think that all the justices do is review especially John Musser, Jimmy Davidson rectors Monte Mollere (Access to Justice), writs, read records and write opinions, you and Guy deLaup who, along with Richard Denise Tingstrom (Administration), Kelly are wrong. In that regard, I must extend a and their better halves (Barat, Stephanie, Ponder (Communications), Tony LaVerde special thanks to Chief Justice Bernette Kay and Mickey), have made Jane and I (Information Technology) and Tricia Pierre Joshua Johnson for the work that she does, feel welcome. I want to thank our President- (Outreach and Diversity) to the support how devoted she is to the profession, and the Elect Mark Cunningham for his leadership personnel in each department, I have found assistance she has provided in furtherance in the improvements that have been made every one of them to be knowledgeable and of the objectives of the LSBA. with LAP and his assistance and input on always ready to help. I also would be remiss in not mention- many other important activities of the Bar. Finally, and last but not least, I want to ing two judges who I have admired for I am confident that he is well prepared to thank my family, friends and partners. Being their hard work and devotion. The first is assume leadership of the LSBA and I ask that LSBA president brings with it a substantial Judge C. Wendell Manning from Monroe. all of you help him in any way you are able. commitment of time. It is not something I I have had the chance to work with Judge I want to add another couple of special could have done (or even considered doing) Manning, who is currently the president of thanks to Barry Grodsky and LSBA Past without the support and encouragement of the Louisiana Bar Foundation, not only on President Marta-Ann Schnabel. If I did not my wife of 41 years, Jane, and my daughters, Foundation matters but also in connection already know it before I became president, Shawn and Shannon. They have seen con- with other activities and committees. He it did not take long for me to confirm that siderably less of me over the last few years is truly committed to the citizens of our Barry and Marta are always there if you need (something which Jane has not complained state and providing them with access to them. Barry’s contributions in furtherance of as much as I thought she would) and had justice. The second judge I must recognize of the Supreme Court-ordered mentoring to do more in my absence. I also must thank is Judge Jay C. Zainey of New Orleans. He program, as Secretary of the Bar, as Editor my partners at Bradley Murchison Kelly & is devoted to the wellness of our profession. of the Louisiana Bar Journal and on other Shea. They have worked harder so that I Judge Zainey’s work with SOLACE is an projects too numerous to mention cannot be could serve, and I truly appreciate it. inspiration for all of us. And, with all that understated. The same can be said for Marta. So there are the words of thanks. As you he does, he was still willing to help with Her leadership and hard work are incredibly can see, what I will remember the most the restructuring of LAP when I called important to LSBA efforts to advance access from my experience of being president of upon him. to justice, and she has willingly assisted me the Louisiana State Bar Association are the Further, I want to thank the many volun- with the improvements made in LAP and on people — the people who made it possible teers who I have worked with at the LSBA. other important issues during the last year. for me to serve, the people who inspired There are numerous lawyers statewide A much deserved thanks goes to the staff me to serve, and the people who helped who serve in our House of Delegates, on of the LSBA. These “guys” work really hard. me to serve — “my friends, the old and our Board of Governors, and as chairs or The Bar is under the expert leadership of the new.” It has been a rewarding journey, members of the Bar’s committees who are our Executive Director Loretta Larsen who indeed. Thank you. working hard every day for you. In par- has been employed in that capacity for more ticular, I want to thank the Immediate Past than 20 years and who is recognized by President Richard Leefe for his guidance, her peers as being one of the best. It would for filling in whenever we have needed him, have been nearly impossible to effectively and for his friendship. He provided me with
Louisiana Bar Journal Vol. 62, No. 6 425 Interstate Discovery Simplified: Louisiana Passes the Uniform Interstate Depositions and Discovery Act
By Christopher D. Cazenave and Graham H. Ryan
426 April / May 2015 itigants often Understanding Louisiana’s poena is served, it contains the names, UIDDA Statute addresses and telephone numbers of all seek discovery counsel of record in the trial state and of 14 The Uniform Law Commission for- any party not represented by counsel. across state mulated UIDDA in 2007,1 following The attorney then submits the executed lines. In federal two previous attempts to achieve proce- trial-state subpoena and unexecuted dis- dural uniformity for interstate discovery: covery-state subpoena (i.e., Louisiana 15 court, Federal Rule of Civ- the Uniform Foreign Depositions Act subpoena) to the clerk of court. After L applicable filing and service fees are paid (UFDA) in 1920, and the Uniform Inter- il Procedure 45 authorizes state and International Procedure Act in by the requesting party, the clerk will 1962.2 The purpose of UIDDA is to “set then take steps necessary under any local an attorney to simply sign forth a procedure that can be easily and rules to issue the subpoena and arrange efficiently followed, that has a minimum for service in accordance with La. C.C.P. a subpoena to be served in 16 of judicial oversight and intervention, art. 1355. Once issued, the subpoena is that is cost-effective for the litigants, and subject to the same substantive law as the district where the wit- 17 is fair for the deponents.”3 The statute is any other Louisiana subpoena. ness or evidence is locat- modeled after current Federal Rule of The benefits to UIDDA are clear. The Procedure 45, which has been well ac- statute requires only ministerial action by ed. In state court, however, cepted by litigators seeking out-of-state the clerk, which is sufficient to subject each state has a particular evidence in federal cases.4 the deponent or third party in possession Louisiana is the latest of 33 states of documents to jurisdiction in Louisi- 18 procedure for issuing and to adopt a form of UIDDA.5 In Febru- ana. The trial-state attorney is required ary 2014, William R. Forrester, Jr., a to present less documentation to the Lou- enforcing subpoenas di- council member of the Louisiana State isiana clerk to have the subpoena issued Law Institute, presented UIDDA to the as compared to other available meth- 19 rected to a nonparty, out- Louisiana Legislature.6 UIDDA became ods. This cures the ambiguity surround- of-state witness. The trial House Bill 619, sponsored by Rep. Neil ing UFDA and letters rogatory as to the C. Abramson.7 The House of Representa- documentation sufficient for the issuance 20 and error associated with tives and Senate passed the bill with ease, of a Louisiana subpoena. Perhaps most and Gov. Jindal signed the bill into law importantly, the trial-state attorney’s sub- navigating these state- on June 29, 2014.8 UIDDA is now codi- mission of documents to the clerk does fied as La. R.S. 13:3825, effective Aug. not constitute an appearance, and, thus, court procedures are often 1, 2014.9 Compared to the model act, the out-of-state party does not need to ob- Louisiana’s version of UIDDA contains tain local counsel for issuance of the sub- vexing and, in some cases, 21 only minor changes to conform to Loui- poena. Also significant, UIDDA, unlike prohibitively expensive. siana procedure. UFDA, applies not only to depositions The comments to La. R.S. 13:3825 but also to document requests, inspec- On Aug. 1, 2014, Louisiana became provide a detailed practice guide for how tions and other methods for discovery set 22 the 33rd state to adopt the Uniform In- the statute functions. Under UIDDA, an forth in La. C.C.P. art. 1421. terstate Depositions and Discovery Act out-of-state attorney no longer needs to Note, however, that UIDDA’s passage (UIDDA). UIDDA significantly simpli- prepare letters rogatory, file an ancillary in Louisiana does not spell the end of fies the process for an out-of-state litigant action, or navigate any other convoluted UFDA (La. R.S. 13:3821) or letters roga- to obtain discovery from a state that has procedure before obtaining a subpoena tory (La. R.S. 3824(B)), both of which enacted UIDDA. Understanding Louisi- for Louisiana discovery.10 Instead, the at- are still operative and available to prac- ana’s UIDDA statute, La. R.S. 13:3825, torney of record in the out-of-state pro- titioners to compel evidence in Louisiana which is substantially similar to other ceeding first obtains a subpoena in the for an out-of-state action. But, compara- states’ UIDDA laws, will lessen the com- trial state in accordance with that state’s tively, UIDDA is certainly the simpler plexity and cost for Louisiana litigants procedure.11 Next, the attorney obtains a alternative. seeking out-of-state discovery in any of copy of the form subpoena from the clerk the 32 other states that have enacted the of court of the parish where the witness Applying UIDDA to Obtain statute. This article offers an introduction resides or the documents are located.12 Foreign-State Discovery to Louisiana’s UIDDA statute, guidelines The attorney from the trial state then pre- for applying UIDDA to obtain out-of- pares the Louisiana form to include the Louisiana’s adoption of UIDDA does state discovery, and, in summary, a sug- same terms as the trial-state subpoena.13 not affect the process for obtaining out- gested plan for out-of-state discovery. The statute requires that, when the sub- of-state discovery in a Louisiana state-
LouisianaLouisiana BarBar JournalJournal Vol.Vol. 62,62, No.No. 66 427427 court action. Rather, it simplifies an out- of-state litigant’s pursuit of discovery from a nonparty in Louisiana. Thus, the first step in obtaining foreign discovery for a case pending in Louisiana is simply to determine whether the discovery state has enacted UIDDA. The Uniform Law Commission’s website contains an “En- actment Status Map” that displays the 33 states that have enacted UIDDA or a variation thereof, as well as the states in which enactment is pending.23 If the foreign state has adopted UID- DA, a Louisiana lawyer seeking out-of- state discovery can utilize the foreign state’s version of UIDDA to seek out-of- state discovery. The Louisiana Legisla- ture amended La. R.S. 12:3823 in 2014 to inform Louisiana litigants of the po- tential availability of UIDDA in foreign states. La. R.S. 12:3823 now contains a reference to Article 1435 of the Louisi- ana Code of Civil Procedure, which per- mits a Louisiana lawyer (after notice to all parties in the Louisiana proceeding) to compel appearance and testimony in the foreign state by using the foreign state’s “compulsory process,”24 i.e., UIDDA. Employing UIDDA for out-of-state dis- ing a subpoena to an out-of-state witness. the discovery state has adopted UIDDA, covery is preferable for the same reasons Third, some states, such as Maine, still locate the act as codified in the discovery that out-of-state litigants are likely to in- expressly require the trial-state attorney state and review that statute along with voke it in Louisiana: UIDDA eliminates to hire local counsel and file a miscella- any comments that were adopted. The any need for judicial intervention or local neous action,27 which is likely to be the comments to the model act — adopted counsel and, as a result, is more efficient most expensive and inefficient option. by Louisiana and other states — are es- and less costly. Thus, if the foreign state sentially a step-by-step guide to issuing a has adopted UIDDA, a Louisiana litigant subpoena under UIDDA. should take advantage of that procedure Developing a Discovery Plan in Louisiana as authorized by La. R.S. 13:3823(A)(4) 3. Obtain a valid subpoena issued and La. C.C.P. art. 1435. Consider the following suggestions from the trial state by completing the If the foreign state has not adopted form required by the judicial district in UIDDA,25 the process for issuing a when developing a discovery plan for a case in Louisiana state court in which which the action is pending and submit- subpoena usually falls into one of three ting the completed subpoena form to groups, any of which may ultimately re- out-of-state nonparty discovery is re- quired. the clerk or judge for issuance. In Loui- quire the Louisiana lawyer to retain local siana, La. C.C.P. art. 1351 requires that counsel to navigate that foreign state’s the “clerk or judge of the court wherein procedure. First, under UFDA, which 1. Identify the foreign state(s) where nonparty discovery is sought — i.e., the the action is pending . . . shall issue sub- many states have adopted, a witness may poenas . . . under the seal of the court.”30 be compelled to provide testimony for an “discovery state(s)” per the terminology 28 Unlike some other jurisdictions, Loui- action pending in a foreign state “in the used by the Uniform Law Commission. The state where an action is pending — siana attorneys cannot issue a subpoena same manner and by the same process to a Louisiana witness as an officer of and proceedings as may be employed Louisiana — is referred to as the “trial state.” the court. Notably, while UIDDA sig- for the purpose of taking testimony in nificantly lessens trial-state counsel’s re- proceedings pending in the [witness’s] sponsibility to closely follow the rules of 26 2. Visit the Uniform Law Commis- state.” In the second category, some the discovery state, the statute does not states require a letter rogatory or com- sion’s website to determine whether the 29 reduce any requirements that trial-state mission from the forum state before issu- discovery state has adopted UIDDA. If
428 April / May 2015 counsel ensure that a subpoena is validly FOOTNOTES participation by Louisiana counsel. issued under the rules of the trial state. 22. Compare La. R.S. 13:3825(B)(5) with La. R.S. 13:3821 and La. R.S. 13:3824. 1. Uniform Interstate Depositions and Discovery 23. Enactment Status Map, Uniform Interstate Act (2007), available at: www.uniformlaws.org/ 4. Determine which form, if any, must Depositions and Discovery Act, available at: www. shared/docs/interstate%20depositions%20and%20 uniformlaws.org/Act.aspx?title=Interstate%20 accompany a subpoena to be issued in discovery/uidda_final_07.pdf (last visited Jan. 17, Depositions%20and%20Discovery%20Act (last the county of the discovery state where 2015). visited Jan. 17, 2015). 2. American Bar Association, Pretrial Practice the witness resides. The form may be 24. La. R.S. 13:3823(A)(2)(d); La. C.C.P. art. & Discovery, Winter 2012, Vol. 20, No. 2 at 13, found on the website for the particular 1435. available at: www.americanbar.org/content/dam/ 31 25. Many states have not adopted UIDDA. See discovery-state court. The discovery aba/uncategorized/litigation-pretrial-winter2012- infra note 23. state’s form should then be completed mo.authcheckdam.pdf (last visited Jan. 17, 2015). 26. See, e.g., La. R.S. 13:3821. 3. See supra note 1 at 1. with the same information included in 27. Maine R. Civ. P. 30(h). 4. See supra note 1 at 8. the trial-state subpoena. 28. Prefatory Notes, Uniform Interstate Deposi- 5. Legislative Fact Sheet, Interstate Depositions tions and Discovery Act, available at: www.uniform- and Discovery Act, available at: www.uniformlaws. laws.org/shared/docs/interstate%20depositions%20 5. Deliver the executed trial-state org/Act.aspx?title=Interstate%20Depositions%20 and%20discovery/uidda_final_07.pdf (last visited and%20Discovery%20Act (last visited Jan. 17, 2015). subpoena and the unexecuted discovery- Jan. 15, 2015). 6. Louisiana State Legislature, House Bill state subpoena to the appropriate clerk’s 29. See infra note 23. 619, available at: www.legis.la.gov/legis/BillInfo. 30. La. C.C.P. art. 1351 (2014). office in the discovery state. The clerk of aspx?s=14RS&b=HB619&sbi=y (last visited Jan. 31. For example, the form for Orleans Parish can court will then issue the identical sub- 30, 2015). UIDDA was first brought to the Louisiana be found on the court’s website at: www.orleanscdc. State Law Institute’s attention by Michael H. Rubin, poena from the discovery state once ap- com/forms/Subpoena.pdf. plicable fees are paid, and will have the an attorney in the Baton Rouge office of McGlinchey Stafford, P.L.L.C. Arkansas and Illinois are also Christopher D. Cazenave subpoena served in accordance with the considering passing UIDDA. See, www.uniformlaws. is an associate in the discovery state’s law and any applicable org/Act.aspx?title=Interstate%20Depositions%20 Business and Commercial and%20Discovery%20Act. local rules. Litigation Practice Group 7. See supra note 6. in the New Orleans office 8. See supra note 6. of Jones Walker, L.L.P. If the discovery state has not adopted 9. See La. R.S. 13:3825 (2015). He received a BS de- UIDDA, a discovery plan becomes more 10. See La. R.S. 13:3825 cmt. (c). gree, summa cum laude, 11. See La. R.S. 13:3825 cmt. (c). complicated. But the process in the non- in 2005 from Louisiana 12. See La. R.S. 13:3825 cmt. (c). UIDDA discovery state for issuing a sub- State University and his 13. See La. R.S. 13:3825 cmt. (c). JD degree in 2009 from poena likely permits one or more of the 14. See La. R.S. 13:3825 cmt. (c). George Mason Univer- three methods identified above — i.e., 15. See La. R.S. 13:3825 cmt. (c). The comments sity School of Law, where also recommend that the attorney include a cover UFDA, letters rogatory/commission, or he served as executive editor of the George Mason letter expressly stating that the subpoena is being initiating a miscellaneous action. Un- Law Review. He joined Jones Walker in 2009. He is issued pursuant to La. R.S. 13:3825. Id. currently a member of the Louisiana Bar Journal’s derstanding at the outset which other 16. See La. R.S. 13:3825 cmt. (c). Editorial Board. ([email protected]; processes may be available in the discov- 17. See La. R.S. 13:3825 cmt. (c). Ste. 5100, 201 St. Charles Ave., New Orleans, LA 18. See La. R.S. 13:3825 cmt. (c). ery state will at least allow an estimate 70170) for obtaining the foreign discovery and 19. See La. R.S. 13:3825 cmt. (c). 20. La. R.S. 13:3824 (pre-2014 amendment), Graham H. Ryan is an whether the cost is worth the anticipated for example, provided that “[a] court of this state associate in the Business benefit. may order” a Louisiana witness to give testimony and Commercial Litiga- or provide documents “upon the application of any The next time interstate discovery is tion Practice Group in interested person or in response to a letter rogatory.” required in a state-court proceeding, be the New Orleans office That language left a litigant in the dark as to which of Jones Walker, L.L.P. sure to consult UIDDA and, if applicable, documents must be contained in such an “applica- He received a BS degree, take advantage of its efficient and cost- tion.” Further, that language required a court order, summa cum laude, in fi- which leaves a lawyer questioning whether to initiate effective procedure for obtaining discov- nance in 2007 from Loui- an ancillary proceeding in the appropriate parish or ery across state lines. siana State University to seek an order through the clerk of court. The 2014 and his JD degree and amendment to La. R.S. 13:3824 removes the language The authors would like to credit Rep. Neil C. diploma in comparative requiring an order from a “court.” This statutory Abramson and William R. Forrester, Jr. for their law in 2011 from LSU ambiguity and inconsistency from parish to parish insights and contributions. They also would like to Paul M. Hebert Law Center, where he served as on- translates to wasted time and cost. acknowledge fellow Jones Walker, L.L.P., attorney line editor of the Louisiana Law Review. (gryan@ 21. See La. R.S. 13:3825(C)(1). Enforcement Tyler J. Rench for his assistance. joneswalker.com; Ste. 5100, 201 St. Charles Ave., proceedings, if necessary, must comply with all New Orleans, LA 70170) applicable Louisiana law and may well require
LouisianaLouisiana BarBar JournalJournal Vol.Vol. 62,62, No.No. 66 429429 Resurrection of a Real Right: Annuities with a Charge
By Tyler G. Storms
430 April / May 2015 hanks to the The charge on the “Rent of Lands” contract having to spend down countable assets.13 was removed via “redemption.”6 Regardless, immovable property that Louisiana State The revision at issue concerns the is subject to the annuity charge should be 1 replacement of something antiquated and deemed to have been alienated from the Law Institute, unused with a modern law that is the first beneficiary’s estate. Additionally, there we now have a of its kind in the entire civil law world.7 are no cumbersome federal regulations. The annuity contract secured by the annuity For example, there is no restriction that Tworkable and modern real charge provides a tool for the acquisition the immovable exchanged in an annuity right which is available of income inter vivos through periodic contract be a dwelling. The immovable payments. The very statutory scheme of the could be pasture land or a commercial to you as a practitioner. annuity contract itself provides for these building. The beauty of this revision is that types of rights. Parties have contractual it provides a workable body of suppletive Before analyzing this new freedom to obligate themselves to pay law for annuities in general, and it more right, we should, however, whatever sums they choose. One might importantly allows for an annuity charge imagine a situation where a party obligates over an immovable that functions as a first look back to what it himself to pay small amounts of money in real right.14 replaced. an annuity contract based on a relatively healthy and young person’s life; however, Real Rights Louisiana Civil Code an older person who exchanges a highly Articles 2778-2800 were, valuable house might be able to negotiate A “real right” is distinguishable from a a rather large periodic payment for the “personal right.” A “personal” right is the possibly, the section of the remainder of his life. legal power that an obligee has to demand The annuity contract considered with the from an obligor in terms of giving, doing Civil Code most direly in annuity charge can, furthermore, provide or not doing a thing.15 “Real” rights have need of revision. Prior to an alternative to the reverse mortgage. to do with ownership — rights that may be Louisiana is particularly well positioned 16 2 declared against the entire world. While it the revision of Book III, to benefit from this type of arrangement is beyond the scope of this article to provide Title X, very few lawyers because our homestead exemption has an analysis that perfectly distinguishes made home ownership status relatively “real” versus “personal” rights, “real” even contemplated, and easier for people to obtain. The annuity rights confer absolute authority over a contract, moreover, is much simpler and thing, such as the right of ownership. rarely if ever used, the more elegant than a reverse mortgage. The contract known as “Rent annuity contract can actually be combined Annuities with a retention of the usufruct over the of Lands.” The entire body thing exchanged. This would allow the Before discussing the annuity charge, of jurisprudence regarding previous homeowner to avoid the risk which is the true teeth of the revision, it associated with the possible loss of a home is important to look at the suppletive law “Rent of Lands” is scarce, in a reverse mortgage situation. regarding the annuity contract itself. “An Many reverse mortgages, furthermore, annuity contract is an agreement by which and there were no reported require that the owner actually live in the 8 a party delivers a thing to another who cases involving “Rent house. The annuity contract does not. binds himself to make periodic payment The annuity contract and annuity to a designated recipient.”17 of Lands” in the past 50 charge can possibly provide shelter in 9 The type of “thing” that may be years.3 a bankruptcy filing. A person filing a delivered is virtually anything. The only petition in bankruptcy may attempt to limitation on what could be exchanged rely on an exemption contained in state The concept of “Rent of Lands” made would be a restriction against things that are law.10 Annuity contracts may be claimed sense in a primarily agrarian society in that not privately owned — that is, “common as exempted property.11 a party would convey a tract of land but things,” such as air or the high seas.18 The The annuity contract and annuity charge reserve an annual rent to be paid in money annuity can be for the life of a natural person can, furthermore, provide protection or fruits. The charge for the annual payment or for a specified period of time.19 If no time in a medical estate recovery program of money or fruits was perpetual and is stated, an annuity in favor of a natural when dealing with Louisiana long-term remained with the land even after a sale.4 person is presumed to be for the life of that Medicaid eligibility.12 For someone in need What distinguished the “Rent of Lands” natural person, but an annuity in favor of of long-term nursing home care, the annuity contract from a lease was the nature of its a juridical person must be for a specified contract with its annuity charge could help perpetual charge on the land in question.5 period of time.20 An annuity in favor of a a potential Medicaid beneficiary from
LouisianaLouisiana BarBar JournalJournal Vol.Vol. 62,62, No.No. 66 431431 to put money down. The possibilities are limitless for the creative practitioner, and this new law stands as a tremendous improvement over the antiquated “Rent of Lands.”
FOOTNOTES
1. Particular recognition goes to A.N. Yiannopoulos, reporter and chair of the Rents and Annuities Committee, which was also the last committee to include the late Saúl Litvinoff. In the interest of full disclosure, the author of this article serves on the same committee. 2. La. Acts 2012, No. 258, eff. Jan. 1, 2013, authorized the revision of Book III, Title X, of the Louisiana Civil Code of 1870, “Of Rents and Annuities,” consisting of Articles 2778 to 2800. 3. Bradley Schwab, “The Birth of a Real Right: An Overview and Analysis of the Recent Revision of Book III, Title X of the Civil Code,” 73 La. L. Rev. juridical person will be ineffective without inferior to the annuity charge;”30 however, 821 (2013) (hereinafter, “Schwab”). 21 4. La. Civ.C. arts. 2780 and 2786 were articles a specified period of time. this adjudication does not extinguish the of the Louisiana Civil Code of 1870. Annuities may be in favor of several annuity charge for amounts thereafter 5. Id. natural persons in divided shares or in becoming due under the annuity contract.31 6. La. Civ.C. art. 2799 (1870). indivision.22 If the annuity is established in This means, in effect, that a buyer of the 7. Schwab at 847. 8. Id. at 846. indivision and is based on the lifetimes of immovable burdened with an annuity 9. Id. at 844-845. natural persons, the amount of the annuity charge will be responsible to continue 10. 11 U.S.C. § 522(b)(2); see also, Schwab at 845. does not change because it inures to the making future annuity payments after, for 11. La. R.S. 22:912 B(1); see also, Schwab at 845. benefit of the survivors.23 example, a sheriff’s sale. If the recipient is 12. Id. at 846-847. 13. Id. the one who buys the immovable subject 14. A.N. Yiannopoulos, 2 La. Civ. L. Treatise, The Annuity Charge to the annuity charge, though, the annuity Property, § 203 (4 ed. 2001). charge is of no further effect because of 15. Id. the principle of confusion.32 16. Id. It is important to remember that an 17. La. Civ.C. art. 2778. annuity may be set up simply by the delivery The annuity charge also can serve as 18. Schwab, fn. 9. of “a thing.”24 When the “thing” which has an estate planning tool, as an onerous 19. La. Civ.C. art. 2781. been transferred is an immovable, that donation. For example, an owner may 20. La. Civ.C. art. 2782. donate an immovable to a loved one. If 21. Id. immovable property may be transferred 22. La. Civ.C. art. 2785. subject to an “annuity charge” for the the immovable is worth $1 million, the 23. Id. periodic payment due under the annuity owner could retain an annuity charge 24. La. Civ.C. art. 2778. contract.25 This annuity charge must be worth $400,000, reducing the donation 25. La. Civ.C. art. 2787. 26 to $600,000. If properly performed and 26. Id. established expressly and in writing. 27. La. Civ.C. art. 2788. The annuity charge is without effect as to accounted for, the annuity charge could 28. La. Civ.C. art. 2790. third persons unless it is recorded in the be used to offset what could be subject to 29. La. Civ.C. art. 2791. conveyance records of the parish in which the unified gift tax credit. 30. Id. 27 31. Id. the immovable is located. An annuity 32. See, comment (c) to La. Civ.C. art. 2791. charge may not exceed 30 years, unless the Conclusion charge is for the life of a natural person.28 Tyler G. Storms, an If the recipient does not receive payment The revision of the law of annuities, attorney in Ruston, serves on the Louisiana of the amounts due under the annuity combined with the creation of the annuity Bar Journal’s Editorial contract subject to the annuity charge, charge, can serve the needs of those Board, in the Louisiana he or she may obtain a judgment for the planning for retirement. Ideally, the annuity State Bar Association’s amounts due, and execute that judgment charge would, for example, allow an elderly House of Delegates 29 and on committees of in accordance with law. This adjudication person to sell his home to his child and the Louisiana State Law extinguishes not only the annuity charge relocate to a more suitable venue with the Institute. He is a graduate for all amounts for which judgment was benefit of secure income. This contract also of Tulane University and its rendered, but also extinguishes “all charges provides shrewd investors with a simple Law School (BA and JD). ([email protected]; and encumbrances on the immovable way to acquire property without having 941 N. Trenton St., Ruston, LA 71270-3327)
432 April / May 2015 Procrastination, Inability to open mail Feelings of bafflement, file stagnation & or answer phones, confusion, loneliness, neglect, inability to “emotional paralysis” isolation, desolation meet professional or and being overwhelmed personal obligations or deadlines Drug or alcohol Persistent abuse Changes apathy or in energy, “empty” feeling eating or sleep habits Loss of interest or pleasure, dropping Trouble hobbies concentrating or remembering things Guilt, feelings of hopelessness, helplessness, worthlessness, or A Johns Hopkins study foundlow self-esteem that lawyers suffer from depression at a rate 3.6 times higher than the general employed population.
We Can Help. The signs of depression aren’t easy to read. No one is completely immune. If you or a colleague experiences signs of depression, please call.
Your call is absolutely confidential as a matter of law. Toll-free (866)354-9334 • Email: [email protected] • www.louisianalap.com
Louisiana Bar Journal Vol. 61, No. 5 433 Louisiana Bar Journal Vol. 62, No. 6 433 Are Medicare Set -Asides Legally Mandated in Personal Injury Settlements?
By Roger J. Larue
434 April / May 2015 re Medicare set-asides Rule of the MSP Act contains no statutory from Sally Stalcup, CMS’s MSP regional (MSAs) legally mandated time limits, procedures or regulations set- coordinator for Region 6, headquartered in when settling third-party li- ting forth the duration of that prohibition. Dallas.11 The email stated, in pertinent part: ability claims? In other words, unlike the “Conditional AIn my opinion — No, MSAs are Payment” section, the “General Rule” Section 1862(b)(2)(A)(ii) of the not legally mandated in third-party li- continues past the closure of the claim: Social Security Act [42 U.S.C. ability cases. While properly evaluated without any time limits on protecting § 1395y(b)(2)(A)(ii)] precludes MSAs are the method preferred by the Medicare’s interests, the parties are obli- Medicare payment for services to Centers for Medicare and Medicaid gated to protect Medicare’s interests as long the extent that payment has been Services (CMS),1 and the safest for as a primary plan exists. The MSP Act is made or can reasonably be expected protection of the parties and counsel, somewhat confusing because no person, to be made promptly under liability there is no authority that they are man- fund or entity is required to reimburse insurance. dated. To the contrary, the overwhelming Medicare until payment is made. There- evidence is that MSAs are not mandated. fore, if the defendant wins via summary This also governs Workers’ Compensa- judgment, directed verdict, etc., it has no tion. 42 CFR 411.50 defines liability insur- Observation and Reasons responsibility to repay Medicare because ance. Anytime a settlement, judgment or it didn’t ever become a “Primary Plan.” award provides funds for future medical The Medicare Act “is one of ‘the most Courts have taken notice of this. Indeed, services, it can reasonably be expected that completely impenetrable texts within hu- one court has noted: those funds are available to pay for future man experience.’”2 services related to what was claimed and/ The issue of MSAs arises out of the [§] 1395[y] is not a model of clar- or released in the settlement, judgment Medicare Secondary Payer (MSP) Act, 42 ity[,] [y]et it does clearly provide or award. Thus, Medicare should not be U.S.C. § 1395y(b)(2)(A) & (B). that, where there is some entity, other billed for future services until those funds Section A, the “General Rule,” pro- than Medicare, obligated to pay for are exhausted by payments to providers for hibits Medicare from paying for medical an item or service, that entity shall services that would otherwise be covered expenses related to third-party liability pay first and Medicare shall pay by Medicare . . . . claims as long as a “primary plan” exists.3 A the excess.7 “primary plan,” as defined by the MSP Act, There is no regulation that requires can be any one of a number of resources: The same reasoning applies to post-set- the establishment of a set-aside personal and/or group health coverage, tlement protection of Medicare. However, fund. The law does require that workers’ compensation, or a monetary neither the MSP Act nor the Code of Federal those funds be available to pay for personal injury settlement wherein the Regulations nor CMS have articulated how future otherwise Medicare covered claimant releases the defendant(s) from that obligation should be satisfied. services related to what was claimed payment of future medical expenses.4 In 2001, CMS published the “Patel and/or released in the settlement The only exception to this general Memorandum” which contained the first agreement. There is no formal CMS prohibition on payment of medical ex- mention of MSAs as a means of protect- review process in the liability arena penses is found in Section B of § 1395y(b) ing Medicare’s post-settlement interests.8 as there is for Workers’ Compensa- (2), “Conditional Payments.” Under that Since the publication of the Patel Memo- tion. (Emphasis added.) section, Medicare is authorized to make randum, CMS has issued many other payments for accident-related medical ex- memoranda and guidelines on this issue.9 A second basis for my opinion is a hand- penses under certain circumstances.5 These Over the same period that CMS out by Stalcup at a Medicare conference payments are considered “conditional” was publishing and expanding its MSA in May 2011.12 In that handout, she stated: because they must be repaid upon receipt guidelines, there were growing concerns of settlement funds by the claimant. The about whether set-asides of any sort were The law does not require a “set- procedures for repayment and the penalties mandated, particularly in liability cases. aside” in any situation. The law for failing to repay the “conditional pay- Additionally, the tide was changing as to requires that Medicare Trust Funds ments” are very specific, and the rights of whether MSAs were legally mandatory be protected from payment for future CMS to collect conditional payments are in liability cases in view of the fact that services whether it is a Workers’ spelled out in detail in the MSP Act and the language of the MSP Act says noth- Compensation or liability case. its implementing regulations.6 ing about MSAs. Likewise, the federal A glaring distinction exists between regulations are silent as to post-settlement In a CMS memorandum published Sections A and B. Although the General protection of Medicare.10 on May 11, 2011,13 CMS reiterated that Rule states that Medicare is prohibited The first note I personally received it had issued guidelines on Workers’ from paying for medical expenses related indicating that MSAs are not legally man- Compensation Medicare Set-Aside Agree- to third-party liability claims, the General dated is found in a November 2006 email ments (WCMSAs) which can be found
LouisianaLouisiana BarBar JournalJournal Vol.Vol. 62,62, No.No. 66 435435 on a “dedicated workers’ compensation” The purpose of that notice, as stated by 4. § 1395y(b)(2)(A)(ii). website. This memorandum effectively CMS, was: 5. Medicare normally makes “conditional payments” if the claimant has no source of medi- excluded all liability cases from CMS’s cal funding that should reasonably pay within 120 MSA guidelines. [To] solicit[] comment on standard- days of the injury. 42 U.S.C. §1395y(b)(2)(B)(i); 42 Also during this period, the 11th Circuit ized options that we are considering C.F.R. §411.21. decided Bradley v. Sebelius.14 With respect making available to beneficiaries 6. § 1395y(B)(2)(B)(i)-(iv); 42 C.F.R. § 411.21. 7. Bradley v. Sebelius, 621 F.3d 1330, 1339 to the methodology of handling matters and their representatives to clarify n.21 (11 Cir. 2010) (citing § 1395y(b)(2)(A), (b)(2) falling outside the MSP Act and the Code how they can meet their obligations (B)(ii)). of Federal Regulations, Bradley standsYour out to protect Medicare’s advocate. interest with 8. www.cms.gov/Medicare/Coordination-of- for the following statement: respect to Medicare Secondary Benefits-and-Recovery/Workers-Compensation- Medicare-Set-Aside-Arrangements/WCMSA-Mem- Payer (MSP) claims involving orandums/Downloads/July-23-2001-Memoran- At present, there is no vehicle or Yourautomobile and liabilitypartner. insurance dum.pdf. mechanism in the MSP statute or (including self-insurance), no-fault 9. www.cms.gov/Medicare/Coordination-of- its regulations that specifically pre- insurance, and workers’ compensa- Benefits-and-Recovery/Workers-Compensation- Medicare-Set-Aside-Arrangements/WCMSA-Mem- scribes how a lumpYour sum settlement LSBAtion when future medical Committee. care is orandums/Memorandums.html. will be prorated between multiple claimed or the settlement, judgment, 10. See generally, 42 C.F.R. §§ 411.01 through parties. Until better methods are award, or other payment releases (or 411.54. prescribed and followed, the one has the effect of releasing) claims for 11. Upon request, the entire email can be for- warded to you. Because Stalcup is a public servant, pursued here [i.e., a probate court’s future medical care. the emails are not confidential and can be reviewed equitable allocation of wrongful- by interested persons. death settlement proceeds between The ANPR then provided several 1 2.www.pmsionline.com/pdf/May- a beneficiary’s children for non- options as to how to protect Medicare’s 25-2011-CMS-Handout-Stalcup.pdf. 13. www.cms.gov/Medicare/Coordination-of- medical losses and Medicare for interests following conclusion of a liabil- Benefits-and-Recovery/Workers-Compensation- medical expenses paid] is reasonable ity case. Of the seven options that CMS Medicare-Set-Aside-Arrangements/WCMSA-Mem- and, indeed, the only one available.15 sought comment on, only one mentioned orandums/Downloads/May-11-2011-Memoran- set-asides (option 4). To date, however, no dum.pdf. 14. 621 F.3d 1330. Stated otherwise, in situations where proposed regulation has been published. 15. Id. at 1339 n. 21. the MSP statute or its regulations are si- 16. No. 10-cv-1110, 2013 WL 1702120 (W.D. lent asThe to how Legal a Medicare Malpractice issue should be Insurance CommitteeSummary Your LSBALa. CommitteeApril 17, 2013). serves you by ensuring: resolved, parties should exercise reason, 17. Id. at *5. 18. Medicare Program: Medicare Secondary due diligenceof the and Louisiana common sense inState regard Bar ForAssociation all these reasons, it is my opinion• A strong Payer policy and “Futureoffering Medicals,” essential Federal coverages.Register/ to Medicare’s interests. Indeed, this is how Vol. 77, No. 116, June 15, 2012, pgs. 35917-35920; holds the endorsed malpracticethat Medicare set-asides are not •legally An opportunity for coverage for the majority of courts have interpreted Bradley. required when settling third-party liability www.gpo.gov/fdsys/pkg/FR-2012-06-15/pdf/2012- 16 14678.pdf. Forinsurance instance, in Benoit carrier v. Neustrom to a, highclaims. standard However, usingof the rule ofLouisiana rea- attorneys. the district court clearly noted that MSAs accountability for the benefitson, the of parties all mustits protect Medicare’s• Continuous Roger oversightJ. Larue is tothe ensure adequate and fair are notmembers. mandatory. Citing the May 25, interests. The methods for protecting co-owner of Mediation 2011, CMS memorandum and Bradley Medicare’s post-settlement interestspremium are Arbitration rates for Professional a stable program. v. Sebelius, supra, the court stated in its Systems, Inc. (maps®) case-specific and are not addressed herein. and president/lead lien findings of fact: compliance officer of FOOTNOTES maps® Lien Resolution Medicare does not currently require Services, L.L.C. (LRS). He or approve Medicare set asides when divides his time between 1. CMS is a federal agency within the Depart- mediating and consulting personal injury lawsuits are settled. ment of Health and Human Services (DHHS) that on various lien issues. Medicare does not currently have administers the Medicare program and works in He is a lien resolution a policy or procedure in effect for partnership with state governments to administer consultant to members of the plaintiff and defense Medicaid, among other programs. reviewing or providing an opinion bars, corporate entities and insurance carriers. He gilsbarpro.com2. Parra v. PacifiCare of Arizona, 715 F.3d 800.906.9654 1146 is a member of the National Association of Medicare regarding the adequacy of the future (9 Cir. 4/19/13); Cooper University Hospital v. Se- Set-Aside Professionals. He has presented numerous medical aspect of a liability settle- belius, 636 F.3d 44, 45 (3 Cir. 2010). seminars on lien and reimbursement issues involving ment or recovery of future medical 3. The MSP Act is somewhat vague in the defi- traditional Medicare, Medicare Part C Plans, nition of a “Primary Plan” because, in reality, the expenses incurred in liability cases.17 Medicaid, ERISA and more. He graduated in 1970 defendant only becomes a “Primary Plan” when the from Loyola University and received his JD degree claim is concluded via a compromise or judgment, in 1972 from Loyola and his MBA in 1998 from Additional proof that CMS has not i.e., the claimant receives a sum of money for his/ Tulane University. ([email protected]; Ste. issued any guidance on liability MSAs her injuries. Before that point in time, the proper 400, 3850 N. Causeway Blvd., Metairie, LA 70002) term should be that the defendant is a potential Pri- is found in CMS’ Advanced Notice of mary Plan. If the defendant succeeds in winning Proposed Rulemaking (ANPR) published the case by whatever means, the defendant never in the Federal Register in June 2012.18 becomes a Primary Plan.
CNA is a registered trademark of CNA Financial Corporation. Copyright © 2014 CNA. All rights reserved. 436 April / May 2015 Your advocate. YourYour advocate. advocate. Your partner. YourYour partner. partner. Your LSBA Committee. YourYour LSBA LSBA Committee. Committee.
The Legal Malpractice Insurance Committee Your LSBA Committee serves you by ensuring: The Legal MalpracticeThe Legal MalpracticeInsurance Committee Insurance CommitteeYour LSBA CommitteeYour LSBA serves Committee you by servesensuring: you by ensuring: of the Louisiana State Bar Association • A strong policy offering essential coverages. of the Louisianaof the State Louisiana Bar Association State Bar Association • A strong policy• A offering strong policyessential offering coverages. essential coverages. holds the endorsed malpractice • An opportunity for coverage for the majority of holds the endorsedholds the malpractice endorsed malpractice • An opportunity• An for opportunity coverage for for the coverage majority for of the majority of insurance carrier to a high standard of Louisiana attorneys. insurance carrierinsurance to a carrierhigh standard to a high of standard Louisiana of attorneys.Louisiana attorneys. accountability for the benefit of all its • Continuous oversight to ensure adequate and fair accountabilityaccountability for the benefit for ofthe all benefit its of all• its Continuous oversight• Continuous to ensure oversight adequate to ensure and adequatefair and fair members. premium rates for a stable program. members. members. premium ratespremium for a stable rates program. for a stable program.
gilsbarpro.com 800.906.9654 gilsbarpro.comgilsbarpro.com 800.906.9654 800.906.9654
CNA is a registered trademark of CNA Financial Corporation. Copyright © 2014 CNA. All rights reserved. CNA is a registered trademarkCNA of isCNA a registered Financial trademarkCorporation. of CopyrightCNA Financial © 2014 Corporation. CNA. All rights Copyright reserved. © 2014 CNA. All rights reserved. Louisiana Bar Journal Vol. 62, No. 6 437 Book Review Acadie, Then and Now: A People’s History under the direction of Warren Perrin, Mary Broussard Perrin and Phil Comeau (published by Andrepont Publishing, L.L.C., Opelousas, La. 2014)
Reviewed by W. Thomas Angers
cadie, Then and Now: A Peo- a film director, writer and editor, was born As Mr. Perrin said, “I wanted to know ple’s History is a monumental in Nova Scotia and presently lives in Mon- why we have an Acadian flag and other event in publishing. Never has treal, Canada. remnants of Acadie, even though it ceased anyone sought to assemble The three compilers assembled the works to exist three centuries ago.” Mary Broussard Aall things Acadian in one place and one of authors from the United States, France and Perrin explained, “There is very little written volume, until now. Canada, from all regions settled by Acadians. about Louisiana — or any place. We had to This incomparable anthology of 470 They include professors, folklorists, histo- piece it together like a quilt.” pages, available in both French and English rians, broadcasters, lawyers, jurists, profes- Mr. Perrin discovered an Acadian com- editions, is a compilation of 65 scholarly sors of law, scientific advisers, musicians, munity near Montreal known as Lanaudiere essays written by 50 authors, all compiled producers, poets, playwrights, film directors that began about 1765 when his ancestor, by Warren A. and Mary Broussard Perrin and producers, Acadian museum directors, Joseph Broussard, arrived in Louisiana. “I and Phil Comeau. business persons, journalists, editors, com- thought I understood what Acadie meant, but Warren A. Perrin, a Lafayette lawyer munication educators, genealogists, policy I had no idea this region existed. It caused and current chair of the Louisiana State Bar analysts, Acadian and cultural activists, me to think, how many other places exist Association’s Francophone Section, has directors of Acadian associations, transla- and what does Acadie mean today?” So, long been active in the movement to pre- tors, and specialists from other disciplines. the seeds of this publishing journey were serve and promote Louisiana’s French and The compilers could never have assembled sown. The book addresses where the Aca- Acadian culture. He served as a long-time a more informed body of expertise on the dian people have gone, where they remain president of the Council for the Develop- subject. and their cultural and demographic history. ment of French in Louisiana and is a skills The word “Cajun” refers to persons Acadians today reside in the states of professor at Loyola University College of of Louisiana Acadian descent. The word Louisiana, Texas, Maine, Massachusetts Law. The author of six books dealing with “Acadian” was shortened to “Cadien” and and Michigan; in the Canadian provinces Louisiana culture and history, Perrin is also then to “Cajun.” But, Acadians have lived of New Brunswick, Nova Scotia, Prince well-known for filing a petition for an apol- and settled worldwide. Edward Island, Newfoundland and Quebec; ogy for the Acadian deportation, resulting The goals of the book, according to Mr. in the Caribbean; in South America and the in the famous Queen’s Proclamation signed Perrin, include identifying Acadian commu- Falkland Islands; and in the French regions on Dec. 9, 2003, wherein the British Crown nities existing today throughout the world, of Nantes, Poitou, Belle-Ile-en-Mer, Saint formally acknowledged tragic consequences identifying places where the Acadian exiles Pierre and Miquelon. The book reveals of the deportation, including deaths of the moved after the British expelled them from that the Acadian experience is truly a three- Acadian people and their trials and suffering the Canadian Maritime Provinces in 1755, continent phenomenon, but ultimately is from the expulsion from present-day Nova and identifying all things Acadian, com- worldwide in scope. Scotia, then known as Acadie. mencing with the settlement of Acadia in Like the Huguenot experience, also His wife, Mary Broussard Perrin, is a 1605 by French immigrants and continuing originating in repression, expulsion and mixed media artist and author. Phil Comeau, up to the present date. deportation, the Acadian experience has
438 April / May 2015 been characterized by cohesion and remark- designing the Acadian flag and Judge Allen able continued identity. To this day, certain Babineaux was a lifetime leader of the Loui- specific French names can be identified as siana Acadians and the French Renaissance Acadian or Huguenot after several centuries. movement who studied and made known The book also touches on historical and the history of the Acadian people. legal issues of ethnic cleansing, genocide and The first use of the Acadian flag ina systematic violation of human rights, which business and in print was by this author’s show that the Acadians are another element father, the late Robert J. (Bob) Angers, Jr., in the matrix of world citizens fleeing denial who founded Acadiana Profile Magazine of personal and political freedom and seek- in 1968, using the image of the Acadian ing escape from repressive governmental flag on the cover. Artist Al Esteve reduced conduct. the image to print with the first rendering The book is divided into five sections of it on paper. titled “World Acadie,” “Cultures of Acadie,” In the book’s epilogue, Mr. Perrin relates “Remarkable Acadie,” “Dignity of a People” extensive details of his personal journey in and “Acadian Regional Histories.” exploring the physical and cultural Aca- The “World Acadie” section includes dian world, which underscores his motive essays on the Acadian demographic his- in producing the book. He emerges as a tory, contemporary effects of the Acadian freedom fighter personality, fighting for the Diaspora, and the French language and the rights, liberties, dignity and vindication of Acadians in North America. The “Cultures the Western Hemisphere and Europe, even his beloved Acadian people so the world of Acadie” section covers the topics of including certain verified historical migra- will know the pain, struggles, progress and Acadian and Cajun cultural tourism, Cajun tions of Acadians returning from France to continued viability of the Acadians. music, Acadian cinema in Canada, Cajuns the Western world. In the end, Acadie, Then and Now is a in film, Cajun cuisine, and the Métis of Illustrating the “Visual Arts of the Cajuns journal of the lives of Warren and Mary Mi’kmaq Indians and their connections of South Louisiana” essay by Mary Brous- Perrin over many decades, as they attempt with Acadians. The “Remarkable Acadie” sard Perrin are images of George Rodrigue’s to discover and redeem the Acadian people. section includes essays on “The Landscape “The Aioli Dinner” and a photograph of The Perrins seek the ultimate redemption, of Grand Pre” and “Evangeline: The Icon Rodrigue in his studio with a canvas depict- vindication, dignity and promotion of the Who Just Won’t Die.” In the “Dignity of a ing the iconic Blue Dog; photography by Acadian people, and, in a superb way, they People” section, articles discuss John Win- Debbie Fleming Caffery, a Louisiana artist have succeeded magnificently with this slow, the British officer who masterminded with works published by The Smithsonian; volume. the deportation, “The Protection of Minority and works by artists Elemore Morgan, Jr., The book is available for purchase online Rights in Canada” and “Acadian Refugees Troy Dugas, Mary Beyt, Lou Blackwell, via Amazon, www.amazon.com, or online at or Prisoners in Acadie: 1755-1765.” The Megan Barra and Camille Comeaux. the Acadian Museum (Erath, La.) boutique, “Acadian Regional Histories” section con- Illustrating the essay “The Acadian Aboi- www.acadianmuseum.com/boutique.html. tains essays on Acadians living in more than teau: A Cultural and Economic Keystone” W. Thomas Angers, a La- 15 places in the world. by Dr. Whitney P. Broussard III are images Through this extraordinary assortment fayette attorney, practices in depicting marsh reclamation started in Port the areas of personal injury, of articles and images, the authors carefully Royal, Acadia’s first permanent settlement, environmental damages and weave a volume which fully explores the marsh reclamation at the village of Grand BP claims. He serves on the board of the Louisiana physical, cultural, multi-ethnic, culinary, Pre and a portrait of an Acadian community legal and political history of the Acadian Center for Law and Civic repairing an aboiteau, a dike-and-sluice Education. He is a member people, and provides much imagery confirm- structure that made agriculture possible in of the Louisiana State Bar ing their journey. the marshland environment. Association’s Francophone Section. He is a former In addition to many fascinating and It is noteworthy from an economic his- well-written essays, the book also appeals member of the Lafayette tory point of view that the Acadians dealt Bar Association’s board of to the visual-minded with superior maps, with marsh reclamation and farming in a directors. He is an author and president of Beau Bayou illustrations and photographs. marsh environment, both in Acadie and in Publishing Co., a book publisher. He is co-author of My Wars: Nazis, Mobsters, Gambling and Corrup- The map indexing is divided into “then” south Louisiana. maps and “now” maps. In the “now” maps tion, Colonel Francis C. Grevemberg Remembers, The essay titled “The Cajuns in Louisi- the biography of former Louisiana Superintendent section, locations of Acadians in Atlantic ana” by Warren Perrin includes photographs of State Police, Francis C. Grevemberg, who fought Canada, Louisiana, Texas, Quebec, Maine of iconic Louisiana Cajuns, among them, mob-controlled illegal gambling, public corruption and vice, and who signed an affidavit before Angers and France are identified. One two-page map Dr. Thomas Arceneaux, former Louisiana (pages 16-17) titled “Acadian Migrations confirming specific details of a cover-up, public corrup- State Comptroller Roy Theriot, Sr. and Judge tion and obstruction of justice relating to the killing of 1758 to 1816” shows the migrations, sub- Allen Babineaux, with the official Acadian Huey Long. ([email protected] ; 131 South migrations and cross-migrations throughout flag in 1974. Dr. Arceneaux is credited with Audubon Blvd., Lafayette, LA 70503)
Louisiana Bar Journal Vol. 62, No. 6 439 Association Actions Midyear Meeting
LSBA Recognizes 50- and 60-Year Members at Midyear Meeting
ouisiana State Bar Association reception, the honorees were recognized (LSBA) members who have for their years of service with certificates reached half a century and and they posed for photographs with LSBA beyond in their professional President-Elect Mark A. Cunningham Lcareers were honored during the LSBA’s and Louisiana Supreme Court Associate Midyear Meeting in January. At the Jan. 16 Justice Jefferson D. Hughes III. LSBA President-Elect Mark A. Cunningham ad- dresses the attendees at the reception. Photo by Matthew Hinton Photography. 60-Year Honorees Neilson S. Jacobs...... Shreveport Basilio Santiago-Romero...... New Orleans These LSBA members were admitted Henry C. Keene, Jr...... New Orleans Harold L. Savoie...... Lafayette to the Bar in 1955. John R. Kluchin...... New Orleans Hon. H. Dan Sawyer...... Shreveport Lewis R. Krieg...... Baton Rouge Robert S. Schultis...... Metairie Ralph Brewer...... Baton Rouge Walter R. Krousel, Jr...... Baton Rouge Jack Sisk...... New Orleans Hon. Marcus A. Broussard, Jr..... Abbeville H. Lee Leonard...... Lafayette Guy W. Smith...... New Orleans Joseph E. Brown, Jr...... New Orleans Roy M. Lilly, Jr...... Gibsland James P. Thompson, Jr...... New Orleans Prof. William E. Crawford...... Baton Rouge William E. Logan, Jr...... Lafayette Frank J. Varela...... New Orleans Clarence D. Ellington...... Atlanta, GA Ronald C. Martin...... Natchitoches Kazuo Watanabe...... Bellevue, WA Samuel R. Exnicios...... Harahan Miriam M. Miller...... Arlington, VA Geraldine Bullock Weaver...... Baton Rouge Norman C. Francis...... New Orleans Cas Boone Moss...... Winnfield Lawrence D. Wiedemann...... Metairie Shirley C. Friend, Jr...... Metairie John L. Olivier...... Sunset H.L. Dufour Woolfley...... Cassville, WI Hon. Marvin F. Gahagan...... Natchitoches Robert E. Palmer...... Ponchatoula Maurie D. Yager...... New Orleans John D. Gasquet...... Baton Rouge Jean W. Pucheu...... Ville Platte Charles M. Gremillion...... Bunkie Albert Regenbogen...... Metairie
Among the 60-year Louisiana State Bar Association members attending the reception were, from left, Charles M. Gremillion; Frank J. Varela; Shirley C. Friend, Jr.; Hon. Marvin F. Gahagan; Walter R. Krousel, Jr.; Geraldine B. Weaver; H.L. Dufour Woolfley; and Robert E. Palmer. Photo by Matthew Hinton Photography.
440 April / May 2015 Among the 50-year Louisiana State Bar Association members attending the reception were, front row from left, Patrick E. Jones; Giles J. Duplechin; John Myrle Coman, Jr.; George A. Hamilton; W. Brian Babin; Louis V. delaVergne; Leonard J. Sullivan; Philip L. Kitchen; Darryl W. Bubrig, Sr.; and Joseph A. Taranto. Sec- ond row, seated, from left, James S. Holliday, Jr.; Burgess E. McCranie, Jr.; Richard D. Chappuis, Jr.; Charles M. Gremillion; Hon. H. Ward Fontenot; Stanford O. Bardwell, Jr.; Hon. Plauche F. Villere, Jr.; William D. Norman, Jr.; Hon. J. Wendel Fusilier; Byron R. Kantrow, Jr.; and Ann L. Kerr. Standing, back row, from left, Louis M. Kiefer, Jr.; Hon. Richard J. Ganucheau; John C. Combe, Jr.; John Michael Cumberland; Louis Y. Fishman; Thomas O. Lind; Rene A. Curry, Jr.; Charles B. Johnson; Robert E. Redmann; Hon. Nancy Amato Konrad; Stephen L. Huber; Jeff Bratton; and Sidney L. Shushan. Photo by Matthew Hinton Photography.
50-Year Honorees Daniel A. DeVun...... Metairie John M. King...... Willis, TX These LSBA members were admitted Giles J. Duplechin...... Gretna Philip L. Kitchen...... New Orleans to the Bar in 1965. Lawrence A. Emboulas...... Metairie Gordon K. Konrad...... River Ridge Hon. Robert B. Evans, Jr...... Metairie Hon. Nancy Amato Konrad...... Metairie Joseph Accardo, Jr...... LaPlace Steven K. Faulkner, Jr...... Harahan Henry M. Lambert...... New Orleans Douglas J. Authement...... Houma. Louis Y. Fishman...... New Orleans Jacob D. Landry...... Austin, TX W. Brian Babin...... Baton Rouge Hon. H. Ward Fontenot...... Lake Charles F. Henri Lapeyre, Jr...... New Orleans Hon. Sidney M. Bach...... Asheville, NC Charles C. Foti, Jr...... New Orleans J. Thomas Lewis...... New Orleans John R. Ballard...... Shreveport Robert L. Freeman...... Plaquemine Thomas O. Lind...... New Orleans Daniel F. Balsinger...... Spring, TX David L. French...... Baton Rouge Wendell G. Lindsay, Jr...... Baton Rouge Stanford O. Bardwell, Jr...... Baton Rouge Hon. J. Wendel Fusilier...... Ville Platte Floyd J. Logan...... Gulfport, MS Donald L. Beckner...... Baton Rouge Hon. Richard J. Ganucheau...... Metairie Hon. Morris A. Lottinger, Jr...... Houma Wayne J. Bienvenu...... Covington Thomas A. Grant III...... Monroe J. David Malone III...... Harahan James A. Bolen, Jr...... Alexandria Gordon L. Hackman...... New Orleans Roberto J. Matos...... San Juan, PR William E. Borah...... New Orleans Stanley A. Halpin, Jr...... Lafayette H. Sloan McCloskey...... Morgan City Jeff Bratton...... Covington George A. Hamilton...... Shreveport Burgess E. McCranie, Jr...... New Orleans Darryl W. Bubrig, Sr...... Belle Chasse G. Patrick Hand, Jr...... Gretna Ralph C. McCullough II...... Charleston, SC I. Jackson Burson, Jr...... Eunice W. Paul Hawley II...... Lafayette Tom L. McKenzie...... Corpus Christi, TX Mildred Byrd...... Birmingham, AL James S. Holliday, Jr...... Baton Rouge Roland V. McKneely, Jr...... Bossier City Charles P. Carriere III...... New Orleans Stephen L. Huber...... River Ridge Gillis T. Melancon, Jr...... Mandeville Hon. James D. Carriere...... Covington Lois Jett...... Conroe, TX Louis Bernard Merhige...... Metairie Richard D. Chappuis, Jr...... Lafayette Charles B. Johnson...... New Orleans R. King Milling...... New Orleans Paul B. Clemenceau...... Houston, TX Patrick E. Jones...... Metairie David L. Morgan, Jr...... Mandeville John Myrle Coman, Jr...... Metairie John Powell Jordan...... Destin, FL L. Linton Morgan...... Covington John C. Combe, Jr...... New Orleans Patrick A. Juneau, Jr...... Lafayette August W. Mysing, Jr...... Covington Richard B. Crowell...... Alexandria Warren B. Jung II...... Metairie Craig R. Nelson...... Metairie John Michael Cumberland...... Metairie Byron R. Kantrow, Jr...... Baton Rouge Autley B. Newton II...... Abbeville Rene A. Curry, Jr...... New Orleans William Q. Kendall III...... New Orleans William D. Norman, Jr...... New Orleans Thomas W. Davenport, Jr...... Calhoun Richard R. Kennedy...... Lafayette Ellis Jay Pailet...... Metairie Harold G. Daves...... Baton Rouge Ann L. Kerr...... Clearwater, FL Richard X. Patin...... New Orleans Kenneth C. DeJean...... Baton Rouge Louis M. Kiefer, Jr...... New Orleans Hon. Charles B. Peatross...... Shreveport Louis V. delaVergne...... Covington George A. Kimball, Jr...... Oconomowoc, WI Continued next page
Louisiana Bar Journal Vol. 62, No. 6 441 50-Year continued from page 441
Daniel A. Post...... Mandeville Robert E. Redmann...... Metairie Edward J. Rice, Jr...... New Orleans Hon. J. Pargen Robertson...... Atlanta, GA Malcolm B. Robinson, Jr...... Metairie Robert Henry Sarpy, Jr...... New Orleans Michael D. Shepard...... Englewood, CO Sidney L. Shushan...... New Orleans William C. Siegel...... River Ridge Ralph E. Smith...... Metairie Leonard J. Sullivan...... Houston, TX Charles A. Tammetta...... New Orleans Joseph A. Taranto...... Metairie Earl B. Taylor...... Opelousas Michael F. Thompson...... Lafayette Dr. Katherine Connell Thouez...... Hallandale, FL John J. Tiedemann III...... Lafayette Alicia Fergerson, second from left, head of the Social Studies Department at Central Private School in Bruce K. Turner...... Baton Rouge Central, La., is the 2015 recipient of the President’s Award of Excellence for Outstanding Law-Related Hon. Plauche Education, jointly presented by the Louisiana Center for Law and Civic Education (LCLCE) and the Louisiana State Bar Association (LSBA). Fergerson, a teacher for 17 years, was recognized during the F. Villere, Jr...... Sacramento, CA LSBA’s Midyear Meeting in January. The award recognizes an outstanding Louisiana elementary, Justice Elizabeth Ann middle or high school teacher who imparts knowledge and understanding of the law and civic education Weaver...... Traverse City, MI and who demonstrates the use of interactive learning techniques. The recipient receives a plaque and J. Hugh Willey, Jr...... Houston, TX funds to purchase law-related education materials for the classroom. From left, Louisiana Supreme Court Associate Justice Jefferson D. Hughes III, Fergerson, LSBA President-Elect Mark A. Cunningham and L. Hallman Woods, Jr...... New Iberia LCLCE President Barbara Turner Windhorst. Photo by Matthew Hinton Photography. Michael D. Zelden...... Baton Rouge LBLS Accepting Requests for Bankruptcy Law Certification he Louisiana Board of Legal Spe- the specialty field. cialization (LBLS) is accepting In addition to the above, applicants application requests for January must meet a minimum CLE requirement 2016 certification in business for the year in which application is made Shorten Tbankruptcy law and consumer bankruptcy and the examination is administered. For the distance law through Sept. 30, 2015. bankruptcy law, the CLE is regulated by ! In accordance with the Plan of Legal the American Board of Certification, the Easily join LSBA meetings Specialization, a Louisiana State Bar As- testing agency. without leaving the room. Use sociation member in good standing who Although the written test(s) is adminis- your office computer, iPad, has been engaged in the practice of law on a tered by the American Board of Certifica- iPhone, or Android device to full-time basis for a minimum of five years tion, attorneys should apply for approval of connect with others who may be may apply for certification. Further require- the Louisiana Board of Legal Specialization on a wide range of video systems ments are that each year a minimum of 35 simultaneously with the testing agency in throughout the state. There’s no percent of the attorney’s practice must be order to avoid delay of board certification new equipment to purchase. devoted to the area of certification sought, by the LBLS. Information concerning the passing a written examination applied American Board of Certification will be Now available in Lafayette, uniformly to all applicants to demonstrate provided with the application form(s). Baton Rouge and Shreveport sufficient knowledge, skills and proficiency Anyone interested in applying for bar associations! in the area for which certification is sought, certification should contact LBLS Ex- Another benefit of membership and five favorable references. Peer review ecutive Director Barbara M. Shafranski, from the Louisiana State Bar Association shall be used to determine that an appli- email [email protected] or call cant has achieved recognition as having a (504)619-0128. For more information, go level of competence indicating proficient to the LBLS website at: www.lascmcle.org/ performance handling the usual matters in specialization.
442 April / May 2015 LSBA Announces Electronic Billing for FY 2015-16 Dues, Assessment Collections he Louisiana State Bar seminars and to access Fastcase. If an to those who fail to meet the deadlines. Association (LSBA) will attorney has not yet set up a member ac- Members who elect to pay by elec- once again utilize electronic count, one can easily be created at: www. tronic check will continue to pay the billing for the collection of lsba.org/Members/memberaccts.aspx. following fees: TLSBA dues and Louisiana Attorney This webpage also allows members to edit ► LSBA dues (practicing more than Disciplinary Board (LADB) assessments. their existing accounts and to reset a lost three years): $200; The collection method will continue to or forgotten account password. ► LSBA dues (practicing three allow payment of fees either by an ACH After member data is confirmed but years or less): $80; electronic check or credit card, and will also before the payment/filing process be- ► LADB assessment (practicing more than three years): $235; and include a component whereby members gins, members will be advised that they ► LADB assessment (practicing will be able to download their Attorney also need to go to www.LADB.org to three years or less): $170. Registration Statements and mail checks complete the Louisiana Supreme Court Those who are planning to pay for the payment of fees. Members are still Trust Account Disclosure and Overdraft by electronic check should contact encouraged to pay and file electronically, Notification Authorization Form and will their financial institutions to confirm as this access will be available 24/7, be asked to confirm that they understand that their accounts allow payment by including times when the Bar Center is this requirement. this method. closed or if mail service is disrupted due The collection schedule will be the As was the case last year, processing to inclement weather. Further, electronic same as in prior years. In lieu of mailing fees of 3 percent plus a .20 transaction payment gives members more control a statement to each member, in mid-May, fee will be passed along to those over their information in the database and the LSBA will mail to each member a 4x6 choosing to pay by credit card. Total amounts including credit card allows for more timely updates to their postcard, which will provide instructions processing fees are as follows: member records. to go online to www.LSBA.org to complete ► LSBA dues (practicing more than “There were some growing pains with the registration process and also to go three years): $206.20; last year’s transition to electronic billing online to www.LADB.org to complete ► LSBA dues (practicing three and we have modified our procedures the Trust Account Form. This is the only years or less): $82.60; which we hope will make the entire process mailing members will receive prior to ► LADB assessment (practicing more user friendly,” said LSBA President the July 1, 2015, due date; attorney more than three years): $242.25; and Joseph L. (Larry) Shea, Jr. “We encourage registration statements will NOT be ► LADB assessment (practicing members to pay and file electronically if mailed. three years or less): $175.30. at all possible, but are incorporating op- Once they have electronically filed tions which will allow payment by check their Attorney Registration Statements Bar staff members will be available to answer questions and provide assistance for those who are more comfortable with (including any necessary changes and/or to members. All questions and concerns that approach.” updates) and made the required payments, should be directed to: Filing electronically should be a quick members will receive email confirma- ► Email — [email protected] and simple process, utilizing the online tions. The filing and payment deadline will ► Telephone — (504)566-1600 member accounts that participants have remain July 1. The LSBA will continue to or (800)421-LSBA; ask for Payment relied on for years to register for CLE mail delinquency and ineligibility notices Processing. LSBA Member Services The mission of the Louisiana State Bar Association (LSBA) is to assist and serve its members in the practice of law. The LSBA offers many worthwhile programs and services designed to complement your career, the legal profession and the community. In the past several years, the legal profession has experienced many changes. The LSBA has kept up with those changes by maturing in structure and stature and becoming more diverse and competitive. For more information, visit www.lsba.org
Louisiana Bar Journal Vol. 62, No. 6 443 LOUISIANA Rising Lessons in Leadership, Innovation, and Balance LSBA Annual Meeting & LJC/LSBA Summer School June 7-12, 2015 Preliminary Annual Meeting Highlights* Destin, Fla. S, undJ ay une 7 Wednesday, June 10
3 p.m. – 6:30 p.m. CLE Programming 8 a.m. – 12:30 p.m. CLE Programming
10 a.m. – 11 a.m. Corporate and Business Law Section Meeting 6:30 p.m. – 7:30 p.m. Opening Reception in Exhibit Hall (open to section members) (open to all registrants) Presiding: Maureen Brennan Gershanik, Chair
12:30 p.m. – 1:30 p.m. Unauthorized Practice of Law Committee Meeting (open to committee members) ,Mond J ay une 8 Presiding: John E. McAuliffe, Jr., Chair 8 a.m. – 12:30 p.m. CLE Programming 4 p.m. – 5:30 p.m. Friends of Bill W. Meeting 11 a.m. – 1 p.m. 2014/2015 Young Lawyers Division Council Meeting (open to 2014/2015 Council members) 5:30 p.m. – 6:30 p.m. Louisiana Center for Law and Civic Education Reception (open to all registrants) Presiding: John L. “Lee” Hoffoss, Jr., 2014/2015 Chair 6:30 p.m. – 8:30 p.m. Beach Bash - Sponsored by Gilsbar 1 p.m. – 3 p.m. 2014/2015 LSBA Board of Governors Meeting Family event featuring food, libations and entertainment (open to 2014/2015 Board members) Presiding: Joseph L. “Larry” Shea, Jr., 2014/2015 President
2 p.m. - 3 p.m. Senior Lawyers Division Meeting T, hJursday une 11 (open to all registrants) Presiding: Edward J. Walters, Jr., Chair 7:45 a.m. – 12:30 p.m. CLE Programming- Second Level 9 a.m. General Assembly and House of Delegates Meeting 6 p.m. – 7:30 p.m. Young Lawyers Division Awards Reception Featuring reports and presentation of awards Presiding: John L. “Lee” Hoffoss, Jr., 2014/2015 Chair (open to all registrants) Presiding: Joseph L. “Larry” Shea, Jr., 2014/2015 President
10 a.m. – 11:30 a.m. Legal Malpractice Insurance Committee Meeting (open to committee members) Tuesd, J ay une 9 Presiding: Kevin C. O’ Bryon, Chair 8 a.m. – 12:30 p.m. CLE Programming 11 a.m. – noon Labor and Employment Law Section Meeting (open to section members) 9:30 a.m.–11:30 a.m. 2015/2016 Young Lawyers Division Council Meeting Presiding: Ross M. Molina, Chair (open to 2015/2016 Council members) Presiding: Erin O. Braud, 2015/2016 Chair 11:30 a.m. – noon Louisiana Supreme Court Reception (open to all registrants) 11:30 a.m. – 12:30 p.m. Section Council Meeting (open to Section officers) Noon – 1:30 p.m. Installation Luncheon Presiding: Val P. Exnicios, Chair 1 p.m. – 2 p.m. Civil Law and Litigation Section Meeting 12:30 p.m. – 1:30 p.m. Class Action, Mass Tort & Complex Litigation (open to section members) Section Meeting Presiding: Lynn Luker, Chair (open to section members) 6 p.m. – 7 p.m. First-Time Attendees Networking Reception Presiding: Val P. Exnicios, Chair Hosts: Leadership LSBA 2014/2015 Class
1 p.m. Golf Tournament 7 p.m. – 9 p.m. Family Poolside Party - Sponsored by LexisNexis
1 p.m. Tennis Tournament
1:30 p.m. Conference of Court of Appeal Judges Meeting F, riJ day une 12 (open to conference members) 8:30 a.m. – noon CLE Breakfast and Programming Presiding: Hon. James E. Stewart, Sr., Luncheon Chair 9 a.m. – 10:15 a.m. Insurance, Tort, Workers’ Compensation & Admiralty Law CLE
6 p.m. – 10 p.m. Law School Alumni Parties 11 a.m. – 12:30 p.m. 2015/2016 LSBA Board of Governors Meeting (open to 2015/2016 Board Members) Presiding: Mark A. Cunningham, 2015/16 President
*Preliminary schedule subject to change. Please check website at www.lsba.org/AnnualMeeting for up-to-date schedule of events or to register.
444444 AprilApril / May/ May 2015 2015 LOUISIANA Rising Preliminary SUMMER SCHOOL Schedule* LSBA/LJC Summer School Highlights and Schedule as of 4/7/15 For the most up-to-date complete schedule, visit www.lsba.org/annualmeeeting ultiple racks of rogramming Multiple tracks of substantiveM law programmingT have been designedP to suit many different areas of the law. CRIMINAL LAW & PROCEDURE FOR LAWYERS & JUDGES PUBLIC HEALTH, THE ENVIRONMENT AND THE LAW ► Addressing Vulnerable Populations — Children, People with Disabilities or ► Balancing Public Health and Human Rights Trauma and Confronting Race and Poverty This session will provide an overview of international human rights law and in particular Bryan Stevenson • Founder, Equal Justice Initiative and author, “Just Mercy” the right to health. Facilitator: Emily Maw, Director, New Orleans Innocence Project Dabney P. Evans, Ph.D., MPH • Rollins School of Public Health, Emory University • Atlanta, Ga. Active Voices: Hon. Scott J. Crichton • Louisiana Supreme Court • New Orleans ► The ABCs of Public Health: ACA to Zoonosis Hon. Brady D. O’Callaghan • 1st Judicial District Court • Shreveport Ever wonder what you’d do if a health care worker in your area returned form an Ebola affected Donna R. Andrieu • Orleans Parish District Attorney’s Office • New Orleans Kerry P. Cuccia • SE Louisiana Capital Defense Project • New Orleans country? Or what if a parent sought a vaccine exemption for measles? How public health may ► Atkins, Miller and Beyond impact your decision making. Facilitator: Emily Maw • Director, New Orleans Innocence Project • New Orleans Dabney P. Evans, Ph.D., MPH • Rollins School of Public Health, Emory University • Atlanta, Ga. Active Voices: Hon. Scott J. Crichton • Louisiana Supreme Court • New Orleans ► Nurse Geneva: A Tale of Public Health in Rural Louisiana and Beyond Hon. Brady D. O’Callaghan • 1st Judicial District Court • Shreveport What does the life of a public health nurse in rural Louisiana have to do with global public Donna R. Andrieu • Orleans Parish District Attorney’s Office • New Orleans health? As the recent Ebola and Measles crises showed, your public health issues may not Kerry P. Cuccia • SE Louisiana Capital Defense Project • New Orleans be so different than those faced by others in our increasingly globalized world. ► United States Supreme Court: Constitutional Criminal Cases 2015 Dabney P. Evans, Ph.D., MPH • Rollins School of Public Health, Emory University • Atlanta, Ga. Hon. Brady G. O’Callaghan • 1st Judicial District Court • Shreveport ► Fracking: Erupting Areas in the Law ► Louisiana Public Defender Funding: The Good, The Bad, and the Ugly Moderator: Hon. Charles B. Adams • 42nd Judicial District Court • Mansfield Cloyce C. Clark III • Caddo Parish District Attorney’s Office • Shreveport Panelists: Katherine S. Baker • Bradley Murchison Kelly & Shea • Shreveport Dwight M. Doskey • Capital Defense Project of Southeast LA • Covington Carl T. Conrad • Blue Williams • Mandeville John W. Lindner II • 22nd Judicial District Public Defender • Covington Gary L. Kinsland • School of Geosciences, University of La. at Lafayette ► Medical and Mental Health Issues in the Pre Adjudicated Jail Population Hon. Karen K. Herman • Orleans Parish Criminal Court • New Orleans LESSONS IN COMMERCIAL, BUSINESS AND TAX TOPICS Rob J. Reardon • Lafayette Parish Sheriff’s Office • Lafayette John Thompson, M.D. • Tulane University Medical School • New Orleans These sessions were produced in partnership with the LSBA Corporate and Business Law Section, Taxation Section, and Loyola Law School. ► Ethics in Organizational Representation – ETHICS THE INTERFACE OF MENTAL HEALTH AND CRIMINAL JUSTICE James A. Brown • Liskow & Lewis • New Orleans This interactive training is designed for those involved in criminal cases. This program was ► Zoning and Land Use: Recent Developments created by judges and psychiatrists working in partnership with the American Psychiatric Randy P. Roussel • Phelps Dunbar • Baton Rouge Foundation and the Counsel of State Governments Justice Center. ► Tax Year in Review ► Factors Contributing to Over-Representation & What You Can Do (This session was produced in partnership with the LSBA Taxation Section) Hon. Stephen Gross B. Trevor Wilson • Jones Walker • Baton Rouge ► Louisiana Mental Health and substance Abuse Services ► Financial and Tax Ramifications of Divorce Hon. Karen K. Herman • Orleans Parish Criminal Court • New Orleans Mitchell J. Hoffman • Lowe, Stein, Hoffman, Allweiss & Hauver • New Orleans Rob J. Reardon • Lafayette Parish Sheriff’s Office • Lafayette Mark S. Stein • Lowe, Stein, Hoffman, Allweiss & Hauver • New Orleans John Thompson, M.D. • Tulane University Medical School • New Orleans ► ERISA: What’s Popping ► Video Case Studies: Improving Interactions in the Courtroom State Randye C. Snyder • Liskow & Lewis • New Orleans RICO Cases: How to Handle Them ► Expropriation: An Update Hon. Camille G. Buras • Orleans Parish Criminal District Court • New Orleans Randall A. Smith • Smith & Fawer • New Orleans Alexander Calenda III • Orleans Parish District Attorney Office • New Orleans ► The New Remedy for Shareholder Oppression under the Maurice E. Landrieu, Jr. • Assistant US Attorney • New Orleans M. Richard Schroeder • Jones Walker • New Orleans Louisiana Business Corporation Act This session was produced in partnership with the LSBA Corporate and Business Law Section Professor Lloyd Drury III • Loyola University, College of Law • New Orleans THE BUSINESS OF THE LEGAL PROFESSION ► Current Insurance Types and Forms — It’s a Moving Target ► Ethics and the Professional Hiring Process - ETHICS Marie A. Moore • Sher Garner Cahill Richter Klein & Hilbert • New Orleans Yolanda Bounchand • HR Consultant, LA Supreme Court • New Orleans Veronica Cheneau • Deputy Judicial Administration, HR, LA Supreme Court • New Orleans ► Collegiality vs. Efficiency – Are We a Family, a Business, or ALL of the Above? A PRIMER IN SPECIFIC SPECIALTIES FOR NON SPECIALISTS Facilitator: Lottie L. Bash • Gold, Weems, Bruser, Sues & Rundell • Alexandria ► Louisiana Estate Planning & Successions “For Dummies” (or What Every Panelists: Hon. Dee D. Drell • US District Court, Western Dist. of La. • Alexandria Non-Specialist Should Know) Richard J. Arsenault • Neblett Beard & Arsenault • Alexandria Carole Cukell Neff • Sessions, Fishman, Nathan & Israel • New Orleans Joseph H. Perez-Montes • Gold, Weems, Bruser, Sues & Rundell • Alexandria ► Worker’s Comp for Appellate Judges and Non Comp Lawyers ► Professionalism and Office Management — PROFESSIONALISM Hon. Patrick F. Robinson • Workers Compensation • Shreveport Lottie L. Bash • Gold, Weems, Bruser, Sues & Rundell • Alexandria ► Grammar for Judges and Lawyers ► Entrepreneurialism and Rainmaking in a Rapidly Evolving Legal World Hon. Florence Rae Swent (Ret.) • Alexandria David H. Freeman • David Freeman Consulting Group • Laguna Beach, Calif. ► Bankruptcy for Non Bankruptcy Lawyer Jan M. Hayden • Baker, Donelson, Bearman, Caldwell & Berkowitz • New Orleans CRIMINAL LAW AND PROCEDURE ► Gwen’s Law Hon. Scott C. Gardner • 22nd Judicial District Court • Covington Brian J. Capitelli • Capitelli and Wicker • New Orleans Gary V. Evans • Attorney at Law • Mansfield Hon. Jonathan P. Friedman • Magistrate Commissioner, Silbert, Garon, Pitre & Friedman • New Orleans SeeYouInDestin John W. Lindner II • 22nd Judicial District Public Defender • Covington # ► Purposeful Sentencing: How to Make Probation a Success Hon. Patricia E. Koch • 9th Judicial District Court • Alexandria Register today at Tammy Bordelon • LA Dept. of Public Safety & Corrections, Div. of Probation & Parole • Alexandria Nicole A. Mitchell • LA Dept. of Public Safety & Corrections, Div. of Probation & Parole • Alexandria www.lsba.org/annualmeeting
LouisianaLouisiana Bar Bar Journal Journal Vol. Vol. 62, 62, No. No. 6 6 445445 LOUISIANA Rising Preliminary SUMMER SCHOOL Schedule* Highlights LSBA/LJC Summer School Highlights and Schedule as of 4/7/15 For the most up-to-date complete schedule, visit www.lsba.org/annualmeeeting chedule ighlights ► How We Rise: The Neuroscience of Leadership, InnovationS and Balance in the LawH ► Default Judgments — Potholes and Pitfalls Kimberly Papillon, Esq., Judicial Professor • THEBETTERMIND.COM Hon. Hans J. Liljeberg • 5th Circuit Court of Appeal • Gretna Hon. Lee V. Faulkner, Jr. • 24th Judicial District Court • Gretna ► Understanding Our Biases to Effectuate Positive Behaviors Resulting in Becoming More Innovative and Better Leaders ► Louisiana Criminal Law and Criminal Procedure: Recent Updates Paulette Brown • ABA President Elect; Locke Lord, LLP • Morristown, NJ Brian J. Capitelli • Capitelli & Wicker • New Orleans Hon. Jonathan P. Friedman • Magistrate Commissioner, Silbert, Garon, Pitre & Friedman • New Orleans ► Lessons in Leadership in a VUCA (Volatile, Uncertain and Complex) World George W. Casey, Jr., US Army (Ret.) • President and CEO, Minot Group LLC • Arlington, VA ► LUTPA — Louisiana Unfair Trade Practices Act: How to Try Your Case Robert A. Kutcher • Chopin, Wagar, Richard & Kutcher • Metairie ► “Mindfulness in Law” - An overview of mindfulness, the science of mindfulness, and its Kyle D. Schonekas • Schonekas, Evans, McGoey & McEachin • New Orleans application to the practice of law. This discussion will establishes a foundation for the mindfulness workshops offered over the course of Summer School. ► Mindfulness, Procedural Fairness, and Effective Decision Making - Litigants and Professor Scott Rogers • University of Miami, School of Law • Coral Gables, FL their lawyers care deeply about procedural fairness, that is, how they are treated by courts. In this session we will focus on open-minded attention to people and events. ► Arbitration: The Pitfalls, Problems and Shortcomings: When Can/Should a Court Step In Hon. Chris McAliley • U.S. District Court, Southern District of Florida • Miami, FL James M. Garner • Sher Garner Cahill Richter Klein & Hilbert • New Orleans Professor Scott Rogers • University of Miami, School of Law • Coral Gables, FL Thomas J. Madigan • Sher Garner Cahill Richter Klein & Hilbert • New Orleans ► Summary Judgments: Yesterday, Today and Tomorrow ► Fairness in an Era of Mass Incarceration Hon. Guy P. Holdridge • 1st Circuit Court of Appeal • Gonzales Bryan Stevenson • Founder, Equal Justice Initiative and author, “Just Mercy” Hon. Madeleine M. Landrieu • 4th Circuit Court of Appeal • New Orleans Introduction: Emily Maw • Director, New Orleans Innocence Project • New Orleans ► Leadership: Strategies for Success in the Ever Changing Competitive Legal Market ► Domestic Relations Law — Recent Legislative and Jurisprudential Updates Arturo Menefee • Auburn University • Auburn, Ala. Hon. David A. Blanchet • 15th Judicial District Court • Lafayette Hon. Charles G. Fitzgerald • 15th Judicial District Court • Lafayette ► Legacy Litigation and Downhole Claims for Lost Royalties Robert B. McNeal • Liskow & Lewis • New Orleans ► Introduction to Mindfulness: Enhancing Focus and Stress Reduction - An exploration J. Michael Veron • Veron, Bice, Palermo & Wilson • Lake Charles of mindfulness insights and experiential practices centering on the cultivation of greater focus and wellbeing. (This session is limited to 20 people) ► How Do I Get My Money and What’s OK — The Money Side of the Practice of Law Hon. Chris McAliley • U.S. District Court, Southern District of Florida • Miami, FL Thomas M. Flanagan • Flanagan Partners • New Orleans Professor Scott Rogers • University of Miami, School of Law • Coral Gables, FL ► Ethical Issues in Multi-Client Representation ► Changes in the Delivery of Legal Services: The Impact on Lawyers & the Judiciary Moderator: Val P. Exnicios • Liska, Exnicios & Nungesser • New Orleans Judy Perry Martinez • Chair, ABA Commission on the Future of Legal Services • New Orleans Panelists: Mark P. Glago • Glago Law Firm • New Orleans Stephen J. Herman • Herman, Herman & Katz • New Orleans ► Mindfulness Techniques for Dealing with Difficult Clients and Colleagues — Charles B. Plattsmier • LA Attorney Disciplinary Board • Baton Rouge Mindfulness practices can be of benefit in relating more effectively to challenging situations and people. Richard C. Stanley • Stanley, Reuter, Ross, Thornton & Alford • New Orleans This session explores mindfulness insights and exercises that can be helpful. Attendance in the “Introduction Phillip A. Wittmann • Stone Pigman Walther Wittmann • New Orleans to Mindfulness” session is not necessary to benefit from this session. Hon. Chris McAliley • U.S. District Court, Southern District of Florida • Miami, FL ► Federal Substance and Procedure — The Cases of Note This year Professor Scott Rogers • University of Miami, School of Law • Coral Gables, FL Hon. Mark L. Hornsby • US Magistrate • Shreveport Darrel J. Papillion • Walters, Papillion, Thomas, Cullens • Baton Rouge ► Distinguish Yourself from the Crowd: Creating and Implementing Innovative Business Strategies (eight 30 minute time slots) – Take advantage of the opportunity to meet one- ► Attacks on the Judiciary on-one with Mr. Freeman in the afternoon following his program “Entrepreneurialism and Rainmaking Moderator: Val P. Exnicios • Liska, Exnicios & Nungesser • New Orleans in a Rapidly Evolving Legal World.” Mr. Freeman will be available to speak with attendees about their Panelists: Mark P. Glago • Glago Law Firm • New Orleans business development ideas and strategies. SPACE IS LIMITED!! Stephen J. Herman • Herman, Herman & Katz • New Orleans Charles B. Plattsmier • LA Attorney Disciplinary Board • Baton Rouge ► Louisiana Civil Procedure: Recent Updates Richard C. Stanley • Stanley, Reuter, Ross, Thornton & Alford • New Orleans Hon. Guy P. Holdridge • 1st Circuit Court of Appeal • Gonzales Phillip A. Wittmann • Stone Pigman Walther Wittmann • New Orleans
► Negotiating: Does Gender, Race, or Age Affect the Process ► The Implications of Immigration Status for Custody and Other Domestic Relations Issues Hon. Carolyn Gill-Jefferson (Ret.) • Attorney at Law • New Orleans (These session was produced in partnership with the LSBA Immigration Law Section) Lynn Luker • Law Office of Lynn Luker • New Orleans David A. Ware • Ware Gasparian • Metairie
► Medical Malpractice: Particular and Thorny Issues ► Tom on Torts Moderator: Hon. Nakisha Ervin-Knott • Orleans Parish Civil District Court • New Orleans Professor Thomas Galligan, Jr. • Colby-Sawyer College • New London, New Hampshire Panelists: Nairda T. Colón (Lesa) • Frilot • New Orleans Kara Hadican Samuels • Kara Hadican Samuels and Associates • New Orleans ► Use of Exhibits and Demonstrative Aids in the Age of Technology: Blending the Old and the New ► Lying in Wait with a Deadly Motion: Winning (or losing) Your Case before Shayna L. Beevers • Beevers & Beevers • Gretna Trial – Current Strategies for Handling Motions for Summary Judgment, Motions J. Lee Hoffoss, Jr. • Hoffoss Devall • Lake Charles in Limine and Other Dispositive Motions Edward J. Walters, Jr. • Walters, Papillion, Thomas, Cullens • Baton Rouge ► The Federal Practice Blues — The Hot Seat! Federal practitioners question federal judges regarding the pitfalls and difficulties of federal practice ► Ethics in the Clouds: Ethics Issues in the Realm of eDiscovery Moderators: Robert A. Kutcher • Chopin, Wagar, Richard & Kutcher • Metairie Kent A. Lambert • Baker, Donelson, Bearman, Caldwell & Berkowitz • New Orleans H. Minor Pipes III • Barrasso, Usdin, Kupperman, Freeman & Sarver • New Orleans William M. Ross • Stanley, Reuter, Ross, Thornton & Alford • New Orleans Panelists: Hon. Dee D. Drell • US Dist. Court, Western District of LA • Alexandria Hon. Jane M. Triche-Milazzo • US Dist. Court, Eastern District of LA • New Orleans
446 April / May 2015 446 April / May 2015 LOUISIANA Rising Preliminary SUMMER SCHOOL Schedule* Highlights LSBA/LJC Summer School Highlights and Schedule as of 4/7/15 For the most up-to-date complete schedule, visit www.lsba.org/annualmeeeting chedule ighlights ► More and Advanced Federal Civil Procedure andS Substance H► Consumer Protection Hot Topics (in collaboration with the ABA Antitrust Section) Hon. Mark L. Hornsby • US Magistrate • Shreveport Richard Lawson • Florida Office of the Attorney General • Tallahassee, FL Darrel J. Papillion • Walters, Papillion, Thomas, Cullens • Baton Rouge Lydia Parnes • Wilson Sonsini Goodrich & Rosati • Washington, DC
► Important Maritime and Tort Law Developments (…With Practical Observations ► The Influence of French Law and History in Louisiana – Then and Now From the Bench) An Insurance, Tort, Workers’ Compensation and Admiralty CLE Warren A. Perrin • Perrin, Landry & deLaunay • Lafayette Richard J. Arsenault, Chair • Neblett, Beard & Arsenault • Alexandria Hon James J. Brady • USDC, Middle District of LA • Baton Rouge ► Hot State and Local Tax Issues Hon Richard T. Haik • USDC, Western District of LA • Lafayette Antonio C. Ferachi • LA Department of Revenue • Baton Rouge Hon. Jay C. Zainey • USDC, Eastern District of LA • New Orleans Professor Thomas C. Galligan, Jr. • Colby-Sawyer College • New Hampshire ► Avoiding Bad Faith Claims Jay Christopher Zainery, Jr. • Williams Law Group • New Orleans Nancy J. Marshall • Deutsch, Kerrigan & Stiles • New Orleans Peggy Giglio • USDC, Western District of LA • Lafayette ► The Great Debate: Gay Marriage ► Ethics for Lawyers: Lawyers Assistance Program ► Meet the Gubernatorial Candidates J.E. “Buddy” Stockwell III • Lawyers Assistance Program • Mandeville Judges Only sESSIONS A HOLISTIC LOOK AT BALANCED RETIREMENT OTHER JUDGES ONLY TOPICS ► Achieving Balance in Retirement: Judicial Retirement and Attendant Issues ► Office and Court Management: Ethical Implications and Randy Certoma • Judicial Admin. Office; Louisiana Supreme Court • New Orleans Practical Considerations - ETHICS ► Group Benefits: The Interesting Nuances for Judges Hon. Ulysses Gene Thibodeaux • 3rd Circuit Court of Appeal • Lake Charles Dean Moberley • Office of Group Benefits, Agency Services Director • Baton Rouge ► Keeping Those Synapses Firing: Ad Hoc Judging Post Retirement ► Steamy Discipline: The Ethics of Sexual Relations with Clients - ETHICS Hon. Marion F. Edwards (Ret.) • Attorney at Law • Gretna Hon. Dee D. Drell • US District Court, Western District of LA • Alexandria ► Living the Good Life after Retirement - PROFESSIONALISM Dr. David Schjott • Northwest Florida State College • Niceville, FL ► HR — Your Court: Are We a Family or Are We a Business? Hon. Marion F. Edwards (Ret.) • Attorney at Law • Gretna Inquisitor: Cheryl Q. Landrieu • 5th Circuit Court of Appeal • Gretna Hon. Robert M. Murphy • 5th Circuit Court of Appeal • Gretna Debaters: Hon. Susan M. Chehardy • 5th Circuit Court of Appeal • Gretna Hon. Marion F. Edwards (Ret.) • Gretna BACK TO BASICS: IT’S ALL ABOUT NEW JUDGES Hon. Harry F. Randow • 9th Judicial District Court • Alexandria ► Getting It Right for Families: Family Law Discourse Hon. David A. Blanchet • 15th Judicial District Court • Lafayette ► City Judges Best Practices: OMV and Other Traffic Reporting Issues Hon. Pamela J. Baker • East Baton Rouge Family Court • Baton Rouge Hon. Lilynn A. Cutrer • 14th Judicial District Court • Lake Charles ► The Protective Order Registry — Updates (Judges Only Session) Hon. Mary L. Doggett • 9th Judicial District Court • Alexandria Ramona Harris • Louisiana Protective Order Registry • New Orleans Hon. M. Lauren Lemmon • 29th Judicial District Court • Hahnville ► Pre-Trial and Trial Practice: Criminal Law Confab ► City Judges Best Practices: Selected Problems in the City Court Civil Docket Hon. Marilyn C. Castle • 15th Judicial District Court • Lafayette Moderator: Hon. John B. Slattery, Jr. • Springhill City Court • Springhill Hon. Lori A. Landry • 16th Judicial District Court • St. Martinville Panelists: Hon. James M. Cunningham • Rayne City Court • Rayne Hon. Michael A. Pitman • 1st Judicial District Court • Shreveport Hon. Danny W. Tatum • Ruston City Court • Ruston ► Exceptions, Motions, and Trials: Civil Law Dialogue Moderator: Hon. Guy P. Holdridge • 1st Circuit Court of Appeal • Gonzales ► HR — The Big No-No’s for Judges (Judges Only Session) - ETHICS Panelists: Hon. Tiffany G. Chase • Orleans Parish Civil District Court • New Orleans Yolanda Bounchand • HR Consultant, LA Supreme Court • New Orleans Hon. Stephen C. Grefer • 24th Judicial District Court • Gretna Veronica Cheneau • Deputy Judicial Administration, HR, LA Supreme Court • New Orleans Hon. Robin M. Giarrusso • Orleans Parish Civil District Court • New Orleans ► Lawyers to Judges: Being the Best Judge You Can Be from the ► Legal Education in Louisiana: The Expanding Role of Externships and Lawyers’ Perspective —PROFESSIONALISM the Ethical Issues Related to Field Placements - ETHICS Robert A. Kutcher • Chopin, Wagar, Richard & Kutcher • Metairie Christine Cerniglia Brown • Coord. Skills & Experiential Learning, Loyola College of Law • New Orleans H. Minor Pipes III • Barrasso, Usdin, Kupperman, Freeman & Sarver • New Orleans Jeff Brooks • Preis & Roy; Director Advocacy & Prof. Practice, LSU Law Center • Baton Rouge Jane Johnson • Director of Experiential Education • Tulane University School of Law • New Orleans WOMEN IN LEADERSHIP: WORK/LIFE BALANCE James B. Letten • Asst. Dean for Experiential Education • Tulane University School of Law • New Orleans Virginia Listach • Director, Clinical Education • Southern University Law Center • Baton Rouge ► Understanding the Need for Balance — PROFESSIONALISM Hon. M. Lauren Lemmon • 29th Judicial District Court • Hahnville Susie Drell LCSW • Licensed Clinical Social Worker • Alexandria ► Rural Courts Roundtable I & II: Problems Particular to Rural Courts Hon. Terry A. Doughty • 5th Judicial District Court • Rayville ► Developing Strategies for Balance (Judges Only Session) Hon. Sharon I. Marchman • 4th Judicial District Court • Monroe Susie Drell LCSW • Licensed Clinical Social Worker • Alexandria ► Juvenile Law Updates Hon. Shonda D. Stone • Juvenile Court • Shreveport ► Renewing the Passion for Work-Life (Judges Only Session) Marie Anders • Program Attorney, Louisiana Judicial College • New Orleans Hon. Robin M. Giarrusso • Orleans Parish Civil District Court • New Orleans Susie Drell LCSW • Licensed Clinical Social Worker • Alexandria TOPICS FOR JUDGES WHO PRESIDE OVER CASES IN WHICH CHILDREN ARE INVOLVED ► Adverse Childhood Experiences (ACE’s) Study (Judges Only Session) Hon. Patricia E. Koch • 9th Judicial District Court • Alexandria Hon. Madeleine M. Landrieu • 4th Circuit Court of Appeal • New Orleans Revonda A. Kirby • louisianachildren.org • Baton Rouge
For more information and the most up-to-date schedule, visit www.lsba.org/AnnualMeeting Louisiana Bar Journal Vol. 62, No. 6 447 Louisiana Bar Journal Vol. 62, No. 6 447 Registration Form Or register online today at www.lsba.org/AnnualMeeting □ Judge Bar Roll Number ______First Name for Badge ______□ Ms. □ Mr. Name ______Firm Name______Address ______City/State/Zip ______Office Phone ______Fax______□ I am a local bar association president. □ I am a local bar association officer. □ I am a first-time attendee. □ Please register my spouse/guest for social events at no additional charge. (Spouse/guest must be registered to receive tickets.) Spouse/Guest Name______First Name for Badge______Registration Options by April 24 by May 29 On-Site Subtotal Lawyers...... $795...... $850...... $895 ______Judges...... $875...... $725...... $775 ______Legal Services/Gov’t/Academia/New Lawyer...... $875...... $725...... $775 ______Special Pricing applies to judges, lawyers employed full-time by local, state, or federal government, and lawyers employed full-time by legal aid agencies or indigent defense agencies or those lawyers admitted to practice on or after June 1, 2011.
*Important Note: A link to the seminar materials will be emailed to you prior to the event; we suggest you print the materials in advance and bring them with you. The link will be sent to the email address of record you provided to the LSBA. If you choose to review the materials from your laptop, we strongly suggest you charge your laptop battery, as electrical outlets may be limited. Internet access will not be available in the meeting room. PLEASE NOTE: Printed materials will not be available. Golf Tournament Subtotal Golf Tournament Registration form should be returned with your Annual Meeting Registration. Include the entry fee with your total payment. Use the form to register your- self for the tournament, or to request players for foursome. If no other players are requested, LSBA staff will assign foursomes based on handicap. □ Player #1 Name: ______Handicap______.$150 ______Email (for foursome confirmation): ______□ Player #2 Name: ______Handicap______.$150 ______Email (for foursome confirmation): ______□ Player #3 Name: ______Handicap______.$150 ______Email (for foursome confirmation): ______□ Player #4 Name: ______Handicap______.$150 ______Email (for foursome confirmation): ______Tennis Singles Tournament Subtotal Tennis Tournament Registration form should be returned with your Annual Meeting Registration. Include the entry fee with your total payment. Use the form to register yourself for the singles tennis tournament, or to register you and your guest for the singles tennis tournament. The USTA rating is only for the tennis pro to assign matches, leave blank if non- applicable. In registering to play in this tennis activity, I do hereby release the Louisiana Judicial College and the Louisiana State Bar Association of any injuries that are incurred as a result of participating in the event in any way. Non-alcoholic drinks, beer and light refreshments will be served. □ Name: ______USTA rating*______.$40 ______Email (for confirmation): ______Cell Phone : ______□ Name: ______USTA rating*______.$40 ______Email (for confirmation): ______Cell Phone: ______□ Pay by Check: Make checks payable to the Louisiana State Bar Association. Amount Enclosed $______□ Pay by Credit Card: The LSBA accepts MC, Visa & Discover. Please visit www.lsba.org/AnnualMeeting to pay by credit card. □ Please check here or contact the LSBA if you have a disability which may require special accommodations at this conference. The LSBA is committed to ensuring full accessibility for all registrants. Please return this form with your remittance to: Seminar Registration – Louisiana State Bar Association 601 St. Charles Ave. • New Orleans, LA 70130-3404 (504)619-0137 • (800)421-5722 • fax (504)598-6753 448 April / May 2015 Registration Options By April 24 By May 29 On-Site Lawyers ...... $795 ...... $850...... $895 Judges...... $675 ...... $725...... $775 Gov’t/Legal Services/ Academia1/New Lawyer2...... $675 ...... $725...... $775 Registration is for LSBA member and spouse/guest when indicated on Registration Form.
► includes seminar registration, programs, business meetings and admission to Lawyers’ Expo; ► electronic version of the seminar materials for attendees to download; ► daily continental breakfast/coffee/refreshment breaks; ► up to two adult tickets to the Opening Reception on Sunday, June 7, 2015; ► up to two adult tickets to the YLD Reception* on Monday, June 8, 2015; ► up to two adult tickets to the LCLCE Recption and Beach Bash* on Wednesday, June 10, 2015; ► up to two adult tickets to the Supreme Court Reception & Installation Dinner* on Thursday, June 11, 2015; ► up to two adult tickets to the Family Poolside Party Dinner Dance* on Thursday, June 11, 2015.
* Spouse/guest name must be indicated on the Registration Form to receive tickets included in registration. Additional tickets for children and guests are available for purchase for the social functions. *To purchase additional tickets for events, please contact: Kaya Koban, Program Coordinator / Meeting & Events, Louisiana State Bar Association, kaya. [email protected] or call (504)619-0116 or call tollfree (800)421-LSBA, ext. 116. 1Special Pricing applies to judges, law professors, lawyers employed full-time by local, state, or federal government, and lawyers employed full-time by legal aid agencies or indigent defense agencies. 2Special Pricing applies to those lawyers admitted to practice on or after June 1, 2011. Cancellations, Refunds & Course Materials Cancellation of registration must be received in writing by the LSBA no later than Friday, May 22, 2015. Cancellations will receive a full refund, less a $30 administrative charge. Absolutely no refunds will be made after Friday, May 22, 2015. Requests should be mailed to the Louisiana State Bar Association, 601 St. Charles Ave., New Orleans, LA 70130-3404; faxed to (504) 598-6753; or emailed to [email protected].
Important Note: A link to the seminar materials will be emailed to you prior to the Combined LSBA Annual Meeting and LSBA/ LJC Joint Summer School; we suggest you print the materials in advance and bring them with you. The link will be sent to the email address of record you provided to the LSBA. If you choose to review the materials from your laptop, we strongly suggest you charge your laptop battery, as electrical outlets may be limited. Internet access will not be available in the meeting rooms.
Many exciting substantial CLE sessions, including: Lessons in Leadership in a VUCA (Volatile, Uncertain and Complex) World - George W. Casey, Jr., US Army (Ret.) • President and CEO, Minot Group LLC • Arlington, VA
Back by popular demand, The Great Debates - this year’s topics include: The Great Debate: Gubernatorial Candidates and The Great Debate: Gay Marriage Multiple tracks of specialized programming, including topics specifically formulated for the busy practitioner. Yoga Breaks and Mindfulness Sessions with Christina Sava of the Institute for Mindfulness Studies And so much more in a family friendly atmosphere! #SeeYouInDestin
Louisiana Bar Journal Vol. 62, No. 6 449 PracManagementtice By Elizabeth LeBlanc Voss State rules on “Federal-Only” Practices
ilsbar, L.L.C., has received believe that an immigration lawyer with several telephone calls from here is a common misper- a practice in Louisiana can handle any immigration attorneys, licensed ception among many legal matter here. If these attorneys open in other jurisdictions, who have attorneys with a “federal- up a practice and clearly, repeatedly opened offices for practice in Louisiana. The T and openly communicate a disclaimer, G only” practice that they do not calls have been from experienced, competent require licensure in a state to both orally and in writing — “I ONLY attorneys who are doing the responsible practice law...In Louisiana and PRACTICE IMMIGRATION LAW AND thing and seeking malpractice coverage. many other states, the state bar as- I AM NOT LICENSED TO PRACTICE They all claim to not need a Louisiana LAW IN LOUISIANA” — on all forms sociations prohibit a non-admitted license to practice here because they have a of communication, then a lawyer, who is lawyer from establishing an office “multijurisdictional, federal-only” practice properly licensed in another jurisdiction, and are admitted to practice by the federal or other regular presence in the though not admitted in Louisiana, may courts. state for the practice of law. provide legal services in Louisiana that are Ordinarily, attorney calls seeking services the lawyer is authorized to provide professional liability coverage do not In Louisiana, La. R.S. 37:212 and by federal law, in keeping with Rule 5.5(d) necessitate the involvement of loss 37:213 make it a felony to hold oneself out (2) of the Louisiana Rules of Professional prevention counsel. Luckily, however, as a Louisiana lawyer and to advertise as a Conduct. But, according to Lemmler, Ethics Gilsbar underwriters concerned about the Louisiana lawyer when one is not actually Counsel, rarely – if ever – see anyone who impact of placing policies for these attorneys admitted to the bar in Louisiana. These laws, knows the importance of, and chooses to requested input from loss prevention counsel as well as Louisiana Rule of Professional make, this required disclaimer. regarding the propriety of placing coverage Conduct 5.5, do not allow attorneys to Before opening an office to practice law, for non-admitted attorneys who were already practice any non-federal law in this state regardless of the area of practice, attorneys practicing in the state. without proper licensing. should always consult the state rules that There is a common misperception Because Louisiana does not provide apply to the opening of that office. For among many attorneys with a “federal-only” reciprocity for out-of-state attorneys, there any non-admitted federal lawyers who practice that they do not require licensure in are only two traditional ways that out-of- have opened a practice in Louisiana, it is a state to practice law. There is some truth to state attorneys can practice in Louisiana. highly recommended that they either begin the idea that a federal license is sufficient. Out-of-state attorneys must either pass the using the appropriate disclaimer or make But, in Louisiana and many other states, the Louisiana Bar exam or arrange for temporary immediate plans to get licensed in the state. state bar associations prohibit a non-admitted permission to appear in Louisiana courts lawyer from establishing an office or other through pro hac vice admission. See La. Sup. Elizabeth LeBlanc Voss regular presence in the state for the practice Ct. R. XVII § 11; La. Sup. Ct. R. XVII § 13. serves as loss prevention su- pervisor and loss prevention of law. Even when the nature of the law While these attorneys perhaps intend not counsel for the Louisiana practice is strictly federal, state law will apply to practice in any other state matters, the State Bar Association under to anyone choosing to open a law office in question becomes how do these “federal the employment of Gilsbar, the state of Louisiana. immigration” lawyers get their clients? L.L.C., in Covington. Before joining Gilsbar, she was The confusion surrounding this is Are they advertising or holding themselves in-house counsel and regu- understandable because federal laws allow out as Louisiana attorneys? How do these latory compliance officer attorneys approved by one federal district immigration clients find out about them? for a Louisiana community court to practice in the federal courts in What happens if an immigration client asks bank, worked as a civil liti- gator in New Orleans, served with the Harris County any state. These attorneys are, therefore, the non-admitted attorney for help with a District Attorney’s Office in Houston, Texas, and was entitled to practice immigration law in any non-federal matter, such as a divorce or a tax examiner for the U.S. Department of Treasury in state. There are innumerable articles touting property purchase? Atlanta, Ga. She received her BA degree in political the merits of a multijurisdictional practice. According to Louisiana State Bar science from Louisiana State University and her JD degree from South Texas College of Law (Texas A&M However, these attorneys must consider the Association (LSBA) Ethics Counsel University). She presents ethics and professionalism various state laws that also apply to them Richard P. Lemmler, Jr., it is the natural CLE programs on behalf of the LSBA. She can be when they open a practice. expectation of an immigration client to emailed at [email protected].
450 April / May 2015 lawyersAssistance By J.E. (Buddy) Stockwell Happy Lawyering
n article titled “Advice for find happiness in that. a Young Lawyer” recently Lawyers Assistance caught my eye. Written by Program, Inc. (LAP) 9. Avoid sharp objects. Judge Lawrence Primeaux of Your call is absolutely confidential People who juggle sharp knives usu- Meridian,A MS,1 the article offers 10 pieces as a matter of law. ally get cut. People who associate with of sage advice. Here is a sampling: negative, demanding, hurtful, self-cen- Toll-free (866)354-9334 tered, boastful, spiteful, selfish, unfaithful, 1. Your own story. Email: [email protected] vengeful, dishonest, envious, greedy, abu- Most of what happens in your life is a sive, conniving, bitter, crafty, controlling, 5. Keep fears in perspective. product of the choices you make. You get self-entitled, passive-aggressive, manipu- Mark Twain said, “I am an old man and to write your own story. You get to define lative, lazy, bigoted, crazy, cynical, gos- have known a great many troubles, but the main character, and you decide the plot, sipy, angry, narrow-minded or shallow in- most of them have never happened.” The the supporting cast and the style of the sto- dividuals are like people who juggle sharp fact is that most of our worries and fears ry. From time to time, read back over your knives. Eschew those kinds of people like never come to be. The sooner you take that story. Do some parts need to be rewritten or you would dangerous objects because their to heart and live by it, the sooner you will the plot revised to move in a more satisfy- friendship or involvement in your life is, be free of the shackles. ing direction? indeed, fraught with danger. 6. Difficulties are opportunities. 2. More than a paycheck. 10. Appearances. Losing a case, disappointing a client, Choose to do work that will add value You will find that there are lawyers who making a mistake, angering a judge — all to your clients and yourself — work that will look down on you because you don’t are part and parcel of practicing law. Get makes your clients’ lives better and makes wear the right suits or shoes, or don’t drive over them, set them aright, and move on to you a better person. When all you work for the right car, or don’t belong to the right the next thing. The difficulties and strug- is a paycheck, the only thing in your work firm, or don’t handle the right kind of cas- gles of the practice of law are the forces that you have to look forward to is payday. es. Those poor people see only what is on that sculpt you into the kind of lawyer that the surface, when the real value is what is you will grow to be. How you react to those 3. Balance. in your mind and soul. Pay them no mind. You may have to work 70 hours a week forces will determine whether you become when you first start practicing, simply be- a polished work of art or a pile of dust. If you are not a happy lawyer and need cause, as you will find, law school merely confidential help for alcoholism, addiction 7. Seek enduring happiness. introduced you to the law and taught you or depression, call LAP at (985)778-0571, Material goods can make us happy. The how to think like a lawyer. And that takes email [email protected], or visit the happiness that material goods bring us, an investment of time. But as you grow website at: www.Louisianalap.com. however, is like cotton candy. Soon after into lawyerhood and become more effi- the pleasurable flavor and sugar high dissi- cient, you need to pare down the hours you FOOTNOTE pate, we are left with nothing of substance. work to make room in your life for some Seek happiness that will endure. Seek rich- living. Balance out your law time with fam- 1. Judge Lawrence Primeaux is a Chancery ness in mind and spirit. Court judge in Meridian, MS. The full article is ily, church, friends, exercise and quiet time. available online at: https://chancery12.wordpress. 8. Grow where planted. com/?s=advice+for+a+young+lawyer. 4. Avoid hatred and resentment. Ambition is a professional hazard of It’s easy for lawyers to become cynical lawyers. You will see that some lawyers J.E. (Buddy) Stockwell is and distrustful, to question others’ motives, are never satisfied with the small stage they the executive director of the and to harbor hatred and resentments. The Lawyers Assistance Pro- are on and the role they have to play. They more we let the darkness into our lives, the gram, Inc. (LAP) and can are always anxious and fretful that they are be reached at (866)354- more the light is driven out. Try to focus on missing out on the bigger show. When you 9334 or via email at LAP@ the positive. Take note of the negatives, the decide to grow where you are planted, you louisianalap.com. hurts, the slights and outrageous conduct will find yourself content to make your of others, and learn from them. And then little world a better, more fulfilling place. let them go. You will have made a difference. You will
Louisiana Bar Journal Vol. 62, No. 6 451 FocusDiversity on 2015 Diversity CONCLAVE
Thanks to Conclave Sponsors and Co-Hosts
The March 6 Louisiana State Bar Association’s (LSBA) eighth annual Conclave on Diversity in the Legal Profession, with the theme, “Celebrating 50 Years of Civil Rights: Moving the Pendulum Forward,” was co-hosted by the Louisiana Supreme Court and local and specialty bar associations from across Louisiana. The organizers would like to recognize the sponsors and co-hosts.
Platinum Plus Sponsor Jones Walker, L.L.P.
Platinum Sponsors Forman Watkins Krutz & Tardy, L.L.P. Freedom Rider Henry (Hank) James Thomas, right, was a speaker and special guest during the March 6 Louisiana State Bar Association’s (LSBA) eighth annual Conclave on Diversity in the Legal Profession, Proskauer Rose, L.L.P. with the theme “Celebrating 50 Years of Civil Rights: Moving the Pendulum Forward.” Thomas is best known as an American civil rights activist and one of the original 13 Freedom Riders, men and women Gold Sponsors who bravely boarded the first Greyhound bus that traveled South in 1961 to protest the segregation Adams and Reese, L.L.P. of buses and trains. He was eventually jailed in Mississippi’s notorious Parchman State Prison Farm Barrasso Usdin Kupperman Freeman for his activities. Also speaking at the Conclave was LSBA President Joseph L. (Larry) Shea, Jr., left. Shea said the Conclave brought together “a truly diverse group of registrants who were provided with Sarver, L.L.C. information and insight into the numerous issues we face in Louisiana with an increasingly diverse Blue Williams, L.L.P. population of lawyers.” More information and photos of the Conclave will be published in the June/ Curry & Friend, P.L.C. July 2015 Louisiana Bar Journal. Photo by Matthew Hinton Photography. Deutsch, Kerrigan & Stiles, L.L.P. Irwin Fritchie Urquhart & Moore, L.L.C. Bronze Sponsors Bar Association; Baton Rouge Louis Kelly Hart & Pitre, L.L.P. Chopin Wagar Richard & Kutcher, L.L.P. A. Martinet Legal Society; Federal Bar Kuchler Polk Schell Weiner Christovich & Kearney, L.L.P. Association, New Orleans Chapter; Greater & Richeson, L.L.C. Committee to Re-Elect Attorney General New Orleans Louis A. Martinet Legal Louisiana District Attorneys Association Buddy Caldwell Society; Hispanic Lawyers Association LSBA Civil Law and Litigation Section Gordon Arata McCollam Duplantis of Louisiana; Lafayette Bar Association; Montgomery Barnett, L.L.P. & Eagan, L.L.C. Louis A. Martinet Legal Society, Greater Ogletree Deakins Nash Smoak McGlinchey Stafford, P.L.L.C. Lafayette Chapter; Louisiana Asian & Stewart, P.C. Pacific American Bar Association; Phelps Dunbar, L.L.P. Conclave Coffee Service Sponsors Louisiana Association of Black Women Stone Pigman Walther Wittmann, L.L.C. Association of Corporate Attorneys; Louisiana Association for Counsel America Justice; Louisiana Association of Defense Silver Sponsors Whitehead Law Firm Counsel; Louisiana District Attorneys Blanchard, Walker, O’Quin Association; Louisiana District Judges & Roberts, A.P.L.C. Conclave Co-Hosts Association; Louisiana Employment Liskow & Lewis, A.P.L.C. Louisiana Supreme Court; 22nd JDC Lawyers Association; New Orleans Bar Louisiana Association of Defense Counsel Bar Association; American Board of Association; Southwest Louisiana Bar Louisiana District Judges Association Trial Advocates; Bar Association of Association; and Vietnamese American the Fifth Federal Circuit; Baton Rouge Bar Association of Louisiana.
452 April / May 2015 Crossword Puzzle In Honor of Judge William Norris III “Where We Used to Eat” By Hal Odom, Jr.
1 2 3 4 5 6 7 ACROSS DOWN
1 Part of Apollo 11 that actually 1 Might be floating on a pond’s touched the moon (3) surface (4, 4) 8 9 10 3 Former cafeteria chain, based in 2 Bayou that runs behind Poverty Alabama, absorbed by Point (5) Piccadilly (8’1) 4 Buttons in bowling alleys (6) 8 Finds (7) 5 Kind of Acts passed by Parliament 11 10 Lone Ranger’s sidekick (5) after the Boston Tea Party (11) 11 Kind of alimony, back in 6 How a person suffering a heart 12 the day (8, 4) attack should be (2, 5) 13 14 15 13 Cruel thing to do to the paws 7 Word inside a red octagon (4) of a cat (6) 9 What you tell a person who’s about 16 15 Anatomical ring (6) to lose (3, 4, 2, 2) 17 Noisy story from the Book of 12 Upper portions of stable or barn (8) 17 18 Genesis (5, 2, 5) 14 Stereotypical burglar tool (7) 20 Cafeteria chain based in Texas, 16 Dwarf Chinese tree (6) 19 no longer in Louisiana (4’1) 18 Regal or LeSabre (5) 21 “I Shot the ___,” Bob Marley 19 Delta 88 or Cutlass (4) 20 21 ballad (7) 22 Where to take freshly cut sugarcane (5, 4) 23 Major R. R. line crisscrossing 22 23 Louisiana (3)
Answers on page 494.
Alcohol and Drug Abuse Hotline Director J.E. (Buddy) Stockwell III, 1(866)354-9334 1405 W. Causeway Approach, Mandeville, LA 70471-3045 • email [email protected]
Alexandria Steven Cook...... (318)448-0082 Lake Charles Thomas M. Bergstedt...... (337)558-5032
Baton Rouge Steven Adams...... (225)921-6690 Monroe Robert A. Lee.....(318)387-3872, (318)388-4472 . (225)926-4333 David E. Cooley...... (225)753-3407 New Orleans Deborah Faust...... (504)304-1500 John A. Gutierrez...... (225)715-5438 Donald Massey...... (504)585-0290 .(225)744-3555 Dian Tooley...... (504)861-5682 . (504)831-1838 Lafayette Alfred “Smitty” Landry...... (337)364-5408 . (337)364-7626 Shreveport Michelle AndrePont ...... (318)347-8532 Thomas E. Guilbeau...... (337)232-7240 Nancy Carol Snow...... (318)272-7547 James Lambert...... (337)233-8695 William Kendig, Jr...... (318)222-2772 .(337)235-1825 .(318)572-8260 (cell) Steve Thomas...... (318)872-6250
The Lawyers Assistance Program, Inc. provides confidential assistance with problems such as alcoholism, substance abuse, mental health issues, gambling and all other addictions.
Louisiana Bar Journal Vol. 62, No. 6 453 Discipline Reports REPORTING DATEs 2/4/15 & 2/5/15
REPORT BY DISCIPLINARY COUNSEL
Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date Feb. 4, 2015.
Decisions Robert N. Clarke, Metairie, (2014- able to “cash” and allowing the account B-2005) Six-month suspension, fully to become overdrawn. Jarrett P. Ambeau, Baton Rouge, deferred, subject to one-year supervised David Jack Dowell, Gretna, (2014- (2014-B-2386) Suspended for one year, probation, ordered by the court as consent B-2038) Permanent disbarment or- fully deferred, subject to two years’ discipline on Nov. 26, 2014. JUDGMENT dered by the court on Nov. 21, 2014. unsupervised probation, ordered by the FINAL and EFFECTIVE on Nov. 26, 2014. JUDGMENT FINAL and EFFECTIVE court as consent discipline on Dec. 8, 2014. Gist: Mishandled his client trust account JUDGMENT FINAL and EFFECTIVE by issuing checks from the account pay- Continued next page on Dec. 8, 2014. Gist: Failed to fulfill his obligations of safekeeping client property; and failed to take reasonably practicable Callihan Law Firm, LLC steps to surrender property to his former Representation in lawyer disciplinary complaints and proceedings client within a reasonable time frame. Madro Bandaries, New Orleans, (2014-B-1435) Public reprimand ordered Damon S. Manning by the court on Dec. 9, 2014. JUDGMENT Former Investigator, Prosecutor & 1st Assistant Disciplinary Counsel FINAL and EFFECTIVE on Dec. 23, 15 years experience with ODC (1998–2014) 2014. Gist: Violated Rules 3.1 and 4.4(a) of the Rules of Professional Conduct; 14465 Wax Road, Suite A and engaged in conduct prejudicial to the Baton Rouge, LA 70818 administration of justice, in violation of (225)261-6929 Rules 8.4(a) and (d). [email protected] MEMBERS ALPHABETICALLYMEMBERS Advice and counsel concerning legal and judicial ethics
Defense of lawyer and judicial discipline matters
Representation in bar admissions proceedings
www.sswethicslaw.comPRACTICE OF FIELDS — Advice and counselLESLIE concerning J. S CHIFFlegal and judicialS TEVENethics — SCHECKMAN JULIE BROWN WHITE Over 25 Years’ Experience Former Special Counsel, Former Prosecutor, — Defense of lawyer and judicial discipline matters — Disciplinary Defense Counsel Judiciary Commission (1994-2008) Offi ce of Disciplinary Counsel (1998-2006) — Representation117 in W.bar Landry admissions Street proceedings — 829 Baronne Street 11715 Bricksome Avenue, Suite A-3 Opelousas, Louisiana 70570 New Orleans, Louisana 70113 Baton Rouge, Louisiana 70816 Phone (337)942-9771 • Fax (337)942-2821 Phone (504)581-9322 • Fax (504)581-7651 Phone (225)293-4774 • Fax (225)292-6579 [email protected] [email protected] [email protected]
LESLIE J. SCHIFF 20 Years’ Experience, Disciplinary Defense Counsel
454 April117 / W.May Landry 2015 Street SERVICES & EXPERT Opelousas, Louisiana 70570 Phone 337.942.9771 • Fax 337.942.2821 [email protected]
STEVEN SCHECKMAN Former Special Counsel, Judiciary Commission (1994-2008) 829 Baronne Street New Orleans, Louisana 70113 Phone 504.581.9322 • Fax 504.581.7651 [email protected]
JULIE BROWN WHITE Former Prosecutor, Office of Disciplinary Counsel (1998-2006) 11404 N. Lake Sherwood Ave., Suite A Baton Rouge, Louisiana 70816 Phone 225-293-4774 • Fax 225.293.6332 [email protected] DISCIPLINARY REPORT: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA The following is a verbatim report of the matters acted upon by the United States District Court for the Eastern District of Louisiana, pursuant to its Disciplinary Rules. This information is published at the request of that court, which is solely responsible for the accuracy of its content. This report is as of Feb. 5, 2015. Respondent Disposition Date Filed Docket No.
Daniel G. Abel (Reciprocal) Interim suspension. 2/4/15 13-6542
William Harrell Arata (Reciprocal) Deferred suspension. 1/13/15 14-2733
Christopher Luke Edwards (Reciprocal) Disability inactive status. 1/13/15 14-2675
Cory Scott Morton (Reciprocal) Disbarment. 1/13/15 14-1863
Elizabeth Spurgeon (Reciprocal) Disability inactive status. 12/8/14 14-2274
Daniel James Stanford (Reciprocal) Interim suspension. 12/8/14 14-2275
Discipline continued from page 454 late the Rules of Professional Conduct; one day, with all but three months de- and failure to cooperate with the Office ferred, followed by one year of unsu- on Dec. 5, 2014. Gist: Conduct involving of Disciplinary Counsel. pervised probation, ordered by the court dishonesty, fraud, deceit and misrepre- Gregory S. Duhy, Chalmette, (2014- on Nov. 21, 2014. JUDGMENT FINAL sentation; violating or attempting to vio- B-2052) Suspended for one year and and EFFECTIVE on Dec. 5, 2014. Gist: Failure to respond to a lawful demand for
Continued next page
KKayay E. DDonnellyonnelly & AssociateAssociatess
CertifiedCertified Court ReportersReporters FullFull ServiceService CourtCourt Reporting FirmFirm CompleteComplete Litigation Support Support 2424 HOUR HOUR SERVICE SERVICE
VideoVideo Depositions Depositions VideoVideo Conferenc Conferencinging RealReal Time Time Transcription Transcription CompleteComplete Computerized Computerized Services ConferenceConference Room
KKnowledgeable EEfficient Dedicated
SuiteSuite 2025 2025 Energy Energy CentreCentre Phone: 504.229.8220504.299.8220 11001100 Poydras Poydras Street Street TollFree:Toll Free: 866.301.8220 NewNew Orleans, Orleans, LA 7016370163 Fax: 504.229.8219504.299.8219 email:email: [email protected]
Louisiana Bar Journal Vol. 62, No. 6 455 LAJ_TakeABite_Feb15_Layout 1 2/20/2015 7:39 AM Page 1
Discipline continued from page 455 Commingled and converted client funds; Kevin Michael Steel, Gretna, (2014-B- failed to promptly provide an accounting 2367) Suspended for three months, fully to her client; and made dubious entries deferred, ordered by the court as consent information from a disciplinary author- on the belated accounting to justify the discipline on Jan. 16, 2015. JUDGMENT ity; and failure to cooperate with the Of- retention of the client’s funds. FINAL and EFFECTIVE on Jan. 16, 2015. fice of Disciplinary Counsel. Steven L. Rushing, Longview, Texas, Gist: Neglect of a legal matter; and failure Randy J. Fuerst, Lake Charles, (2014- (2014-B-2053) Permanent disbarment to communicate with a client. B-0647) Suspension of six months, with ordered by the court on Nov. 21, 2014. Nicholas J. Trenticosta, New Orleans, all but three months deferred, ordered by JUDGMENT FINAL and EFFECTIVE (2014-B-2557) Public reprimand ordered the court on Dec. 9, 2014. JUDGMENT on Dec. 5, 2014. Gist: Conduct involving by the court as consent discipline on Jan. FINAL and EFFECTIVE on Dec. 23, 2014. dishonesty, fraud, deceit or misrepresenta- 23, 2015. JUDGMENT FINAL and EF- Gist: Conflict of interest by maintaining tion and the commission of a criminal act. FECTIVE on Jan. 23, 2015. Gist: Failed a consensual, intimate relationship with a James Spruel, Jr., Lake Charles, to provide competent representation to a current domestic relations client in 2004. (2014-B-2117) One-year suspension, client in a succession matter; and engaged Samuel O. Henry IV, West Monroe, with six months fully deferred, followed in conduct prejudicial to the administra- (2014-B-2485) Public reprimand ordered by one year of unsupervised probation, tion of justice. by the court as consent discipline on Jan. 23, ordered by the court as consent discipline Jermaine D. Williams, Lafayette, 2015. JUDGMENT FINAL and EFFEC- on Dec. 15, 2014. JUDGMENT FINAL (2014-OB-2561) Permanent resignation TIVE on Jan. 23, 2015. Gist: Advertised as and EFFECTIVE on Dec. 15, 2014. Gist: from the practice of law ordered by the Take a Bite board-certified bankruptcy specialist after Neglect of a client matter resulting in court on Jan. 23, 2015. JUDGMENT FI- certification had lapsed and been revoked. dismissal for lack of prosecution; failure NAL and EFFECTIVE on Jan. 23, 2015. out of your CLE requirements Vivica D. Smith Pierre, Boston, MA, to respond to client’s inquiries about the Gist: Commingling and conversion of (2014-B-2427) Three-year suspension with these continuing legal education programs from status of her case following its dismissal; client and third-party funds. ordered by the court as consent discipline Louisiana Association for Justice. and failure to return the client’s file as on Jan. 23, 2015. JUDGMENT FINAL requested. No admonitions reported for this issue. and EFFECTIVE on Jan. 23, 2015. Gist: Your CLE credit source. 2015-2016 Dues Pick an apple ... or two ... or three. A Fresh Perspective and Assessment On Your Case May 15, 2015 December 10-11, 2015 Payments – Auto Torts / Last Chance Postcard Products Liability Hyatt Regency New Orleans New Orleans. 7.o CLE credits Dual-track CLE program featuring Mailing in May! Topics include EDR and FARO national and top Louisiana speakers. laser scanner technology, GM recall, Includes ethics and professionalism. trucking litigation, airbags Watch your mail for and motorcycle wrecks. December 29-30, 2015 a postcard from the Mediation | Jury Focus Groups | Special Master www.tomfoutzadr.com CLE à la Carte Louisiana State Bar August 14, 2015 Renaissance Baton Rouge Hotel Association in May High Stakes Windsor Court Hotel, New Orleans on the High Seas Squeeze in those last few CLE requirements regarding payment of chrIstovIch & KearneY, llp Windsor Court Hotel, New Orleans for 2015 or get ahead for 2016. 2015-2016 LSBA Dues and attorneYs at law Maritime CLE conference. Includes ethics and professionalism. the LADB Assessment. DEFENSE OF ETHICS COMPLAINTS AND CHARGES This is the only notice LAJ members enjoy discounted registration fees for most LAJ conferences. you will receive. e. phelps GaY KevIn r. tullY Visit www.la.org or call 225-383-5554 for details, registration elIzaBeth s. cordes and to learn about other upcoming events. Registration Statements will not be mailed. (504)561-5700 See page 443 for more 601 poYdras street, suIte 2300 new orleans, la 70130 information. 442 Europe Street • Baton Rouge, Louisiana 70802-6406 225-383-5554 • www.la.org • info@la.org
456 April / May 2015 LAJ_TakeABite_Feb15_Layout 1 2/20/2015 7:39 AM Page 1
Take a Bite out of your CLE requirements with these continuing legal education programs from Louisiana Association for Justice. Your CLE credit source. Pick an apple ... or two ... or three.
May 15, 2015 December 10-11, 2015 Auto Torts / Last Chance Products Liability Hyatt Regency New Orleans New Orleans. 7.o CLE credits Dual-track CLE program featuring Topics include EDR and FARO national and top Louisiana speakers. laser scanner technology, GM recall, Includes ethics and professionalism. trucking litigation, airbags and motorcycle wrecks. December 29-30, 2015 CLE à la Carte August 14, 2015 Renaissance Baton Rouge Hotel High Stakes Windsor Court Hotel, New Orleans on the High Seas Squeeze in those last few CLE requirements Windsor Court Hotel, New Orleans for 2015 or get ahead for 2016. Maritime CLE conference. Includes ethics and professionalism.
LAJ members enjoy discounted registration fees for most LAJ conferences. Visit www.la.org or call 225-383-5554 for details, registration and to learn about other upcoming events.
442 Europe Street • Baton Rouge, Louisiana 70802-6406 225-383-5554 • www.la.org • info@la.org
Louisiana Bar Journal Vol. 62, No. 6 457 Recent Developments ADR to Trusts
promotes the use of mediation by provid- In Procaps S.A. v. Patheon, Inc., 12-24356 ing parties with certainty that they will (S.D. Dist. Fla. 10/22/14), the plaintiff, Alternative be able to earnestly discuss settlement Procaps, filed a motion to compel return to Dispute without the risk of valuable information mediation, which the defendant, Patheon, being disclosed to anyone not privy to opposed. In its opposition, Patheon alluded Resolution the mediation. See Michael P. Carbone, to several aspects of the parties’ previous “Confidentiality Revisited,” mediate.com confidential mediation by stating: (June 2014), www.mediate.com/articles/ ► there was a “monumental gap” at Importance of CarboneMbl20140613.cfm. mediation; Several recent cases across the United ► Procaps refused to “close the gap” Confidentiality for States have indicated that confidentiality during or after mediation; Vitality of Mediation rules are effectively ensuring that me- ► Procaps made “over the top” settle- diation will remain the preferred form of ment offers; In recent years, mediation has grown in alternative dispute resolution, but some ► Patheon made a counteroffer to popularity as a form of alternative dispute cases suggest otherwise. Procaps’s settlement offer; resolution. The mediation process has A ruling by a Florida federal district ► Procaps refused to disclose a “rule many benefits, one of which is confiden- court suggests that violations of media- of reason theory” to Patheon; and tiality. The expectation of confidentiality tion confidentiality rules lack a remedy. ► Procaps’s counsel made no good-
40 Hour Family & Divorce Mediation Training New Orleans - May 6-9, 2015 | July 8-11, 2015 Baton Rouge - June 10-13, 2015
40 Hour Civil, Commercial & Employment Mediation Training Baton Rouge - August 5-8, 2015 New Orleans - April 22-25, 2015 | July 29-August 1, 2015
Our Courses: Are led by James Stovall, an experienced professional mediator who has conducted training for thousands of individuals, including judges, attorneys, executives and mental health professionals. Meet ALL training requirements for licensed professionals to be placed on the approved registry of mediators. (Other statutory requirements apply.) Call or Register Online Today! Are approved by the LSBA MCLE Committee for 40 MCLE hours (including 1.5 hours of Ethics and www.mediationinstitute.net 1.0 hour of Professionalism). (888) 607-8914 (toll free) Family and Divorce mediation training is approved for 40 hours of (Family) specialization credit (405) 607-8914 and includes all required co-mediation training. Combine lecture, discussion groups, case studies, role-play, demonstrations, and provide marketing Tuition: $1075.00 strategies for launching a successful mediation practice. (Early Registration, Group & Multiple Course Both courses are comprehensive and “stand-alone.” See Web site for detailed agenda. Discounts Available)
458 April / May 2015 faith effort to settle. mediation but declined to do so. At the tion; and Based on these statements, Procaps filed final mediation, Fremont and Miller settled ► its claims were compromised at the a motion to strike defendant’s opposition, their dispute. AEG subsequently filed suit mediation. alleging that Patheon breached Florida’s against Miller and issued subpoenas duces Ruling that none of these arguments mediation confidentiality rules. See S.D. tecum to Fremont seeking documents from qualified as a valid exception to Ohio’s Fla. L.R. 16.2(g)(2). Procaps argued that the Fremont-Miller mediation. Miller filed Uniform Mediation Act, the court held the court should strike Patheon’s opposition a motion to quash subpoenas, or, in the that requiring disclosure was improper. or, alternatively, that Procaps should also alternative, a motion for a protective order Furthermore, the trial court’s solution to be able to disclose confidential information against AEG, alleging that the documents limit disclosure to only AEG’s counsel and from the mediation. were confidential mediation communica- to have the defendants “claw back” the The court first held that the statements tions, which are privileged under Ohio’s confidential documents violated Ohio’s referring to the monumental gap, Procaps’s Uniform Mediation Act. See Ohio Rev. Uniform Mediation Act. refusal to close the gap, and Procaps’s lack Code §§ 2710.01-2710.10. The court specifically noted the impor- of good faith were “relatively harmless” The trial court denied Miller’s motion tance of mediation’s confidentiality, stating because they were responsive to the mo- to quash and the motion for protective that it is “critical to the success of media- tion to compel return to mediation and order, stating that the issue was “not yet tion.” The court opined that disregarding “sufficiently generic to not constitute a justiciable” and that the documents must confidentiality rules “threatens the vitality violation of the confidentiality rule.” It be disclosed. The disclosure was strictly of mediation” and held that, when there are noted that a party should, “at least to some limited to AEG’s counsel, and, once the confidential mediation communications, a limited degree,” be able to mention that the documents were received, the defendants trial court should not order their release. previous mediation did not succeed due to could then “file another motion for a protec- These cases illustrate that while the considerable differences. tive order to prevent plaintiff from using degree of disclosure may impact a court’s Next, Patheon revealed in its opposi- privileged mediation communications in enforcement of the confidential nature of tion that Procaps’s settlement demand discovery or at trial and to ‘claw back’ mediation conferences, overall, confidenti- was based on an expert’s opinion that the any such communications.” On appeal, ality rules are an effective way to promote venture would have generated billions of the Ohio Court of Appeals reversed the the continued vitality of mediation. dollars in revenues and that Procaps “has trial court’s ruling, stating that “the trial no rule of reason theory, as evidenced by court abused its discretion in ordering the —Alexander J. Baynham and its refusal to disclose one to Patheon.” The release of all the requested documents, Kristin Farquharson court found that these statements “did, in including those that fall within the ambit Law Students, fact, go a tad too far” and that the statements of a mediation communication.” LSU Paul M. Hebert Law Center were in violation of Florida’s mediation The court first found that there was Civil Mediation Clinic confidentiality rules; however, the court evidence in the record that the documents Under the Supervision of opined that allowing the disclosures in were protected under Ohio’s Uniform Paul W. Breaux this case would not be significant enough Mediation Act. AEG took the position that LSU Adjunct Clinical Professor to chill mediation. The court further stated it was entitled to view the documents for Immediate Past Chair, LSBA Alternative that the severity of Procaps’s suggested three reasons: Dispute Resolution Section remedies — to strike Patheon’s opposition ► it was a party to the mediation 16643 S. Fulwar Skipwith Rd. or to allow Procaps to also disclose con- through Miller; Baton Rouge, LA 70810 fidential information — were dispropor- ► it was invited to attend the media- tionate to Patheon’s technical violations. Ultimately, the court denied Procaps’s motion to strike defendant’s opposition. ANGELA S. WILLIS, CPA On the other hand, in American En- vironmental Group, Ltd. v. H.M. Miller Trust Accountant Over 20 Years Experience Construction Co., 2014-Ohio-4681 (Ohio Ct. App. Oct. 23, 2014), a recent case from Effective April 1, 2015, Rule 1.15(f) will be amended to state: Ohio, the court demonstrated that confi- “A lawyer shall subject all client trust accounts to a reconciliation process at least dentiality rules are successful in protecting quarterly. (1) and shall maintain records of the reconciliation as mandated by this rule.” mediation materials from disclosure. The city of Fremont, Ohio, and H.M. Miller A reconciliation must balance to client ledgers to count. Construction Co. (Miller) participated in a series of mediations to settle claims based (225) 250-7450 on a construction project. Another party to the litigation, American Environmental [email protected] Group (AEG), was invited to attend the
Louisiana Bar Journal Vol. 62, No. 6 459 2010 were excepted from his bankruptcy the 1998 to 2004 tax liabilities. discharge under 11 U.S.C. § 523. The dis- On appeal, the 5th Circuit discussed the trict court found the following taxes were three-pronged test used to determine will- Bankruptcy excepted from discharge and reduced them fulness in the tax-evasion context. This test Law to judgment: (1) the 2009 and 2010 taxes considers whether the debtor (1) had a duty because they accrued after the bankruptcy to pay taxes under the law; (2) knew he had filing; and (2) the 2005-2008 taxes because that duty; and (3) voluntarily and intention- they were assessed in the three years imme- ally violated that duty. See, United States v. Federal Income diately before the bankruptcy filing.See , 11 Coney, 689 F.3d 365, 374-76 (5 Cir. 2012). U.S.C. §§ 507(a)(8)(A)(i) and 523(a)(1)(A). Under this standard, the debtor does not have Taxes Exempted from With respect to the 1998 to 2004 tax li- to specifically intend to defraud the IRS. The Discharge abilities, in order for those tax liabilities to third prong will be considered satisfied by be excepted from discharge, the government either an affirmative act or culpable omis- United States v. Stanley, No. 13-60704, had to demonstrate that “the debtor made a sion. Reasoning that simple “non-payment” 2014 WL 6997518 (5 Cir. Dec. 12, 2014), fraudulent return or willfully attempted in or an “ability to pay” are not alone sufficient ____ Fed Appx. ____. any manner to evade or defeat such tax” evidence of intent, the 5th Circuit looked Dr. Markus B. Stanley failed to pay his pursuant to 11 U.S.C. § 523(a)(1)(C). At to the totality of circumstances surrounding tax liabilities to the United States from 1998 the trial, the government had the burden Stanley’s actions. through 2010. In 2009, Stanley filed for of proving the “willful attempt” standard, Between 1998 and 2004, Stanley en- Chapter 7 bankruptcy relief and, in 2011, i.e., the debtor’s conduct was an attempt to tered into many complicated real-estate was granted a discharge from his debts, “evade or defeat [a] tax” and that he had a transactions, purchased a number of luxury including the tax liabilities. The government “willful” mental state in doing so. Stanley items (including a motorcycle, a number of did not appeal the discharge. In 2011, the did not contest the conduct requirement cars and expensive jewelry for his wife), government brought a civil action against but argued that he suffered from bipolar established a wholly owned corporation Stanley to reduce his tax liabilities to judg- disorder, which rendered him incapable of and generally made timely payments on ment. The government sought summary forming the requisite willful mental state. his other debts. Stanley also entered into an judgment from the district court to determine LaPorte LSJB Ad'14_Layout 1 10/27/14 9:16 AMThe Page district 1 court ruled in favor of the installment agreement with the IRS to pay whether Stanley’s tax liabilities for 1998 to government and denied the discharge of his back taxes, but breached the agreement
Strong Credentials in Litigation Services, Forensic Accounting, Business Valuations, and Law Firm Management
LaPorte’s team has extensive experience dealing with complex litigation and business valuation issues. Stephen Romig, CPA, CFP Holly Sharp, CPA, CFE, CFF Michele Avery, CPA/ABV, CVA, CFFA Jennifer Bernard-Allen, CPA Ginger Liu, CPA Thomas Horne, MS Kevin Hand, CPA Jeanne Driscoll, CPA
NEW ORLEANS HOUSTON BATON ROUGE COVINGTON LaPorte.com 504.835.5522
© 2014, LaPorte, APAC
460 April / May 2015 shortly thereafter. The 5th Circuit found ► the amount or kind of shares or other these actions clearly indicated Stanley’s securities; eligible interests; obligations; willfulness in evading his taxes. In response, rights to acquire shares or other securities Stanley asserted that because of his mental Corporate and or eligible interests; or cash or other health, he was unable to control his ac- Business Law property to be received under the plan tions. The 5th Circuit held, however, that by the shareholders or owners of eligible a debtor’s ability to successfully carry out interests in any party to the merger; duties in a demanding profession, such as ► the articles of incorporation or the practice of medicine, is evidence of a Louisiana Business organic documents of any unincorporated corresponding ability to form a willfulness entity that will survive or be created by mindset to evade tax obligations. Therefore, Corporation Act the merger; or because Stanley demonstrated an ability Modifies Merger ► any of the other terms or conditions to continue his medical practice, tended to Process of the plan if the change would adversely other financial obligations and participated affect the shareholders in any material in complex financial transactions during the The Louisiana Business Corporation respect. period in question, the 5th Circuit found Act (effective on Jan. 1, 2015) contains The plan must then be submitted to Stanley willfully attempted to evade his slight, but significant, modifications shareholders for approval, together with federal income taxes and exempted the 1998 to the merger process of one or more a recommendation of approval from to 2004 taxes from discharge. corporations or entities. La. R.S. 12:1- the directors. If the board of directors 1101 through 1108. The process remains determines it should not recommend —Cherie D. Nobles and consistent with prior Louisiana law, but approval because of a conflict of interest Alida C. Wientjes this update describes several changes that or some other special circumstance, the Members, LSBA Bankruptcy Law Section practitioners should keep in mind. board must provide a statement explaining Heller, Draper, Patrick, Horn such conflict or circumstance. & Dabney, L.L.C. Adoption of Plan of Merger If, pursuant to La. R.S. 12:1-1104(8), Ste. 2500, 650 Poydras St. The board of directors of each party to the corporation will survive the merger; its New Orleans, LA 70130 a merger must adopt a plan of merger that articles will not be changed by the merger; LA Bar Journal Ad 9/21/11 3:44 PM Page contains: (1) the name of each business each shareholder of the corporation whose corporation or “eligible entity” that will Bar 101 merge, and the name of the surviving entity; (2) the terms and conditions of online video series SCHAFER GROUP LTD the merger; (3) the manner and basis Certified Public Accountants of converting shares of each merging corporation and/or entity into shares When you need a forensic accountant, or other securities; eligible interests; call on a professional. obligations; rights to acquire shares or other securities or eligible interests; or into “Knowledge of business, finance cash, other property or any combination and accounting may be needed To see Bar 101 videos, visit of the foregoing; (4) the articles of at any stage of the litigation www.lsba.org/Members/bar101.aspx incorporation or “organic documents” process. Therefore, we can be of any domestic or foreign entity to be an important member of any created by the merger, or any amendments successful litigation team. The Bar 101 Video Series offers a to the survivor’s articles of incorporation From contemplation of action to quick look inside different aspects or organic documents; and (5) any other expert testimony, we can complement attorneys in of the LSBA. Learn about new and provisions required by the law of the ways that increase the likelihood of a desired outcome. noteworthy LSBA projects, free state where any party is organized or by professional services offered by which it is governed, or by the articles We can support your litigation efforts to save you time the Bar, and how the Association of incorporation or organic document of and strengthen your case.” can aid in everyday practice such party. La. R.S. 12:1-1102. —Kernion T. Schafer, CPA management. Everyone can learn The plan may allow for its amendment something new from this series, after approval, but prior to filing articles of S OUTH S HORE AND N ORTH S HORE O FFICES from the newest LSBA members to merger. However, if the shareholders of a METAIRIE MANDEVILLE 701 Aurora Avenue • Suite A 435 Girod Street • Suite B the most seasoned attorneys. corporation that is a party to the merger are Metairie, Louisiana 70005 Mandeville, LA 70448 permitted or required to vote on the plan, 504.837.6573 985.626.4066 Forensic Accounting • Emerging Issues • Financial Services the plan may not be amended to change: Litigation Services • Legal Services • Emerging Business
Louisiana Bar Journal Vol. 62, No. 6 461 shares were outstanding immediately Approval of the merger requires a shareholder approval was not required; before the effective date of the merger majority of the votes entitled to be cast and a statement that participation in the will hold the same number of shares, in favor of the plan of merger, and if any merger by a foreign corporation or entity with identical preferences, limitations, class or series of shares is entitled to was authorized pursuant to the organic and relative rights immediately after vote as a separate group on the plan, the law of the foreign corporation or entity. the effective date of the merger; and approval of each such separate voting Within 30 days of the articles of the issuance in the merger of shares or group by at least a majority of the votes merger taking effect, a duplicate original other securities convertible into or rights entitled to be cast by that voting group is or certified copy of the articles must be exercisable for shares does not require required, unless a greater vote is required filed in the conveyance records of any a shareholder vote, the approval of the by the organic documents of any entity parish in the state where a party to the shareholders of such corporation is not or the board of directors. This threshold merger owns immovable property. The required. If the merger is between a requirement is a change from previous requirement to file in the parish where corporation or entity that owns at least Louisiana law, which required approval any party to the merger has its registered 90 percent of the voting power of each of two-thirds of the voting power present. office has been eliminated. class or series of outstanding shares of another corporation or entity that has Filing of Articles of Merger —Joshua A. DeCuir voting power, the approval of either Articles of merger must be filed with Reporter, LSBA Corporate and the board of directors or shareholders the Secretary of State after approval of Business Law Section of the subsidiary is not required unless the plan identifying the parties to the Counsel, Chicago Bridge & Iron the articles of any corporations provide merger; any amendments to existing 4171 Essen Lane otherwise. La. R.S. 12:1-1105. articles of incorporation, or new articles Baton Rouge, LA 70809 Written notice of a meeting to of incorporation of any entity formed approve the plan of merger must be sent by the merger; if shareholder approval to each shareholder, whether or not the was required, that the plan of merger shareholder is entitled to vote for the was approved under law and the articles merger. of incorporation, or a statement that
462 April / May 2015 tion” at Angola, and other forms of solitary by the U.S. Supreme Court, which estab- confinement, noting that prisoners in each lished that a prisoner’s liberty interest (for system endure 23 hours of solitary confine- purposes of a due-process review) “will be Criminal ment each day in addition to restrictions on generally limited to freedom from restraint Law access to legal resources, visitation, personal which . . . imposes atypical and significant property and religious services. hardship on the inmate in relation to the The State likewise failed to prove ordinary incidents of prison life.” Sandin v. that Woodfox’s due-process rights were Conner, 115 S.Ct. 2293, 2300 (1995). 5th Circuit Denies protected by “sham” reviews held before The court then noted that, generally Qualified Immunity for a board of prison officials every 90 days, speaking, prisoners have neither property whose written decisions in “rote repetition” nor liberty interests that are protectable in Prison Officials Accused state “the Plaintiffs’ placement in CCR was a prison-classification procedure, and that of Due Process Violations and remains indefinite,” which creates a courts have repeatedly given the widest situation with “no hope of release other possible deference to prison officials in order Wilkerson v. Goodwin, 774 F.3d 845 (5 than by death or release from prison.” Id. to maintain the necessary level of security Cir. 2014). at 856 (emphasis added). (The due-process and internal order. However, constitutional The U.S. 5th Circuit Court of Appeals claims of co-plaintiff Herman Wallace were requirements do not fall by the wayside, recently upheld the decision of Senior originally part of these proceedings, but have and a review of recent U.S. Supreme Court Judge James J. Brady of the Middle District since been settled with the family after Wal- jurisprudence holds that, when a prisoner of Louisiana denying qualified immunity lace died. He spent more than 40 years in demonstrates such an “atypical and signifi- for prison officials at the Louisiana State solitary confinement in the same facilities.) cant hardship,” he will be able to maintain Penitentiary at Angola and the David Wade The original plaintiffs brought near a due-process challenge to his custodial Correctional Facility. Plaintiff-appellee identical arguments in 2000 regarding their classification. Albert Woodfox is the last of the “Angola extended solitary confinement at Angola. The court compared several cases from 3” who is still incarcerated. Woodfox, along The State likewise brought a claim of quali- around the country and found that there was with Robert King and Herman Wallace, fied immunity, which was denied, and sought no reason to dwell on whether Woodfox’s were charged with the 1972 murder of an summary judgment, which was denied. confinement was “atypical and significant,” Angola prison guard. Wilkerson v. Stalder, 329 F.3d 431, 436 (5 given that his 39 years in solitary is almost The trio have been repeatedly tried and Cir. 2003). In March 2005, the protracted five times as long as what other courts convicted only to be exonerated on appeal litigation came to an end with the issuance have found sufficient to establish a liberty due to numerous revelations including the of an order declaring that “the extraordinary interest. Arguments from the State included loss of potentially exculpatory DNA evi- duration of the solitary confinement gave rise assertions that Woodfox’s conditions were dence, special favors (including a pardon to a protected liberty interest.” 745 F.3d at not extreme because he was able to take recommendation) which were given to the 850 (internal citations omitted). correspondence courses and his placement State’s serial rapist star witness in exchange After the 5th Circuit’s decision, the in the new CCR at Wade Correctional was for testimony, and various other forms of plaintiffs were moved intermittently to a a different term of confinement that began prosecutorial misconduct. Advocates for maximum-security dormitory between stints in November 2010 and should be analyzed their release and reparation include Amnesty in solitary confinement until November 2010 without regard to the fact that he has been International, the United Nations High Com- when Woodfox was transferred to Wade in near-continuous solitary confinement missioner for Human Rights, and even the Correctional and “immediately placed in since 1972. widow of the slain prison guard who has a newly-created CCR unit, where he has Rebuffing these arguments, the 5th Cir- attended rallies demanding their release and remained ever since.” Woodfox was given cuit held that “no reasonable prison official stated, “If I were on that jury, I don’t think I leave to amend his petition to include of- could conclude that continuing four decades would have convicted them.” ficials at the new prison, who immediately of indefinite solitary confinement would not Woodfox filed suit against prison officials sought summary judgment asserting quali- implicate a liberty interest protected by due alleging a procedural-due-process claim fied immunity because “they made an initial process,” and, therefore, affirmed the denial arising out of his 39 years of continuous independent decision that Woodfox should of summary judgment based on qualified incarceration in solitary confinement. be housed in CCR.” This argument was immunity of state officials. Wilkerson v. Prison officials sought summary judg- undercut by evidence showing that “there Goodwin, 774 F.3d at 858. ment on the basis of qualified immunity, was no CCR tier at Wade prior to Woodfox’s stating that the placement of prisoners into transfer, and that, at the time of transfer, no —Chase J. Edwards separate security classifications did not official had ever had any intention to house Conflict Counsel, 15th JDC implicate a due-process right. The court first Woodfox anywhere other than at CCR.” Indigent Defender’s Office dismissed the semantic distinctions made by Wilkerson v. Stalder, No. 00-304-JJB, 2013 415 South Pierce St. the State regarding “extended lockdown” WL 6665452, at *7 (M.D. La. 12/17/13). Lafayette, LA 70501 at Wade Correctional, “closed-cell restric- The court applied the Sandin test set forth
Louisiana Bar Journal Vol. 62, No. 6 463 product was a cause of his mesothelioma. has been given.” The judge accordingly barred the plaintiff’s Although no public-comment pe- proposed expert witness from giving any riod was held for this permit, the LDEQ Environmental testimony based on the every-exposure contended that the plaintiffs could have Law theory. The case settled and was dismissed requested notice of permit application in shortly thereafter. Plaquemines Parish, perused the LDEQ’s website to see the application under review District Court Lacks or submitted their concerns with the RAM Federal Judge Rejects Terminals facility at any point during the Jurisdiction to Review Asbestos Plaintiffs’ permit-application-review process. Because Air Permit Issued plaintiffs took none of those steps, they did “Every Exposure” not get direct notice from the LDEQ about Without Public- Causation Expert the final issuance of the permit. Comment Period The court did not speculate on whether In Comardelle v. Pennsylvania General it was realistic for community members Ins. Co., No. 13-6555 (E.D. La. Jan. 5, The Louisiana Department of Environ- to constantly review the LDEQ’s website 2015), 2015 WL 64279, ____ F.Supp.3d mental Quality (LDEQ) approved an air to look for local permit applications in the ____, plaintiff was allegedly exposed to permit on behalf of RAM Terminals for absence of public notice. Instead the court a variety of asbestos products that were a proposed coal terminal to be located in simply noted that “[t]he statutes and law do asserted to be the cause of his cancer and Ironton, La. A coalition of environmental not envision an unlimited amount of time mesothelioma. Plaintiff’s proposed expert groups filed a petition for judicial review, in which to appeal the grant of a permit.” witness planned to use an “every exposure” arguing that the LDEQ breached its duty Thus, because the petition for judicial review theory, arguing that every asbestos fiber in- by failing to perform an environmental was not filed within 30 days of the LDEQ’s haled by an individual that reached the target assessment prior to issuing the permit. The notice to others of the issuance of the permit, organ contributed to causing mesothelioma. LDEQ filed a motion to dismiss, arguing that the district court had no jurisdiction over Judge Africk granted a defense motion a petition for review must be filed with the the petition. to exclude this expert testimony, noting that court within 30 days of notice of the action. although there may be no known safe level The district court agreed with the agency, No Insurance Coverage of asbestos exposure, this does not support and the 1st Circuit affirmed. Christian the proposed expert’s leap to the conclusion Ministers Missionary Baptist Ass’ns v. La. After Well Blowout that every single asbestos exposure must Dep’t of Envtl. Quality, 14-0421 (La. App. Under Property Damage 1 Cir. 12/10/14), 2014 WL 7003903. have been a substantial contributing cause and Pollution Exclusions of the plaintiff’s mesothelioma: “The Court The court focused on the question of its own jurisdiction. District courts have subject is not persuaded that such a one-size-fits-all An oil-and-gas exploration company, approach is reliable expert testimony.” The matter jurisdiction over administrative deci- sions only as provided by the Legislature or Pioneer Exploration, L.L.C., was sued judge pointed out the “impermissible gap and fined following a blowout of a well in in [the expert’s] reasoning” from the more Constitution. La. R.S. 30:2050.21 provides that “[a] petition for review must be filed Cameron Parish. The blowout contaminated general causation principle that exposure to more than 12 acres of land, including neigh- asbestos increases the risk of mesothelioma, in the district court within thirty days after notice of the action or ruling being appealed boring property. Pioneer requested coverage to the specific causation opinion that, in this from its insurer, Steadfast, for costs associ- case, the plaintiff’s exposure to a specific ated with the cleanup, suits and fines under a commercial general-liability policy and an umbrella policy. Steadfast denied coverage, and Pioneer sued but lost in district court. Pioneer then appealed, pursuing claims under its umbrella policy. The 5th Circuit, is pleased to announce the addition of in Pioneer Exploration, L.L.C. v. Steadfast Ins. Co., 767 F.3d 503 (5 Cir. 2014), upheld Jeffrey M. Cole the decision to dismiss the suit. to its mediation and arbitration panel The court looked at the “Blended Pollu- tion” exclusion and the “Property Damage” exclusion. Specifically, the Blended Pollu- Phone 225-389-9899 or 866-389-9899 for Scheduling tion exclusion excludes or limits coverage 721 Government Street, Suite 102 Baton Rouge, LA 70802 of damages arising from actual, alleged or www. perrydampf.com threatened pollution — specifically, the
464 April / May 2015 policy did not cover the costs of cleanup, reason, “including prevention of injury to removal or containment of pollution on a person or damage to another’s property.” any location “owned, rented or occupied Based on the “owned, rented or occu- by any insured.” pied” language in the Blended Pollution Family Pioneer argued that the owned, rented exclusion and the “another’s property” Law or occupied language was inapplicable language in the Property Damage exclu- here because it did not own, rent or occupy sion, the 5th Circuit concluded that the the surface property; rather, it had only a costs of containment were excluded. Thus, mineral lease. The 5th Circuit disagreed, the damage resulting from the blowout and Custody noting that Pioneer had “broad rights to subsequent contamination — and subse- the land” under the standard mineral-lease quent regulatory fines and lawsuits — were Steele v. Ashworth, 14-0527 (La. App. 3 provisions that give the lessee the right to not covered by the umbrella policy. Cir. 11/12/14), 151 So.3d 177. enter and use the surface of the property for The father filed a petition for change of exploration and drilling purposes. Pioneer —Lauren E. Godshall custody, alleging that the child had lived argued that it actually used only a small Member, LSBA Environmental with him for the last year, although the prior limestone pad on the property, but the court Law Section considered decree had designated the mother noted that Pioneer had the right to use all Curry & Friend, P.L.C. as the domiciliary parent. The child’s letter of the property, regardless of how large a Ste. 1200, 228 St. Charles Ave. to the court stating that he was “hit” by the section it had actually used. New Orleans, LA 70130 mother appeared to have been considered by Pioneer also argued that its containment the court, although the court appeared not costs were not to enhance or repair the to give it much weight. His allegation that owned, rented or occupied property but he did not have to meet Bergeron because rather to prevent the spread of contamina- the parties had already changed custody by tion onto neighboring property. The court agreeing that the child would reside with disagreed on language in the Property Dam- him was rejected, as that was a temporary age exclusion that specifically excluded arrangement for the child to attend school coverage for the repair of property for any for one year. Moreover, the court of appeal
The best thing for your resume since spellcheck.
An online LL.M. concentration in Taxation or Business Transactions from The University of Alabama School of Law allows you to earn an advanced degree while working full-time. Enrolling in this program demonstrates that you understand the value of live classes made available in a collaborative, online environment and accessible from anywhere in the world. Earning this degree proves that you received skills-based training from respected professors and practitioners throughout the country, and that you are prepared to be a leader in your field. Visit AlabamaLLM.ua.edu/la to learn more.
. LL..M . ALABAMA Online LL.M. degree programs . The University of Alabama Tax and Business Law Concentrations . . School of Law . AlabamaLLM.ua.edu/la
Louisiana Bar Journal Vol. 62, No. 6 465 stated: “We will not allow the domiciliary properly denied. The trial court did not err Procedure parent’s decision to allow the child to have in modifying the parties’ joint custody re- more liberal access to his non-domiciliary gime to sole custody in favor of the mother Mahfouz v. Davenport, 14-0358 (La. App. parent to serve as the basis for a change of because she met Bergeron, showing that the 3 Cir. 10/1/14), 149 So.3d 845. custody.” The court of appeal also stated: father’s instability was detrimentally affect- Following custody and child-support “However, a slightly lower reading grade, ing the child. Although she did not expressly proceedings, Mr. Mahfouz sued the child’s a minor injury to his eye, mildly inappropri- plead for sole custody, because she sought mother, her attorney, her attorney’s law ate comments, and physical restraint of the “any and all just and equitable relief” and firm and her attorney’s insurance company child during a physical altercation between because La. C.C.P. art. 862 allows the court seeking damages for malicious prosecu- the parents, which caused no injury to the to award “any relief warranted by the facts,” tion, abuse of process, wrongful collection/ child, are not such harmful circumstances the trial court could award sole custody as seizure regarding a judgment for attorney’s as to justify a modification of the custody it was merited under the facts. fees, defamation, false/light invasion of decree.” Finally, Mr. Steele’s own testimony privacy, intentional infliction of emotional indicated that he was not attempting to McCartney v. McCartney, 14-0396 (La. distress and violation of the Rules of Profes- change custody, as much as he simply desired App. 3 Cir. 10/1/14), 149 So.3d 894. sional Conduct. The trial court did not err in a greater part in his child’s life. The trial court did not err in changing the striking Mr. Mahfouz’s “global statement of parties’ joint-custody regime to sole custody facts,” because, on defendant’s exception of Sole Custody in favor of the mother after the father was no cause of action, the court could consider sentenced to 10 years in prison because only the facts in the petition. Defendant’s Barlow v. Barlow, 14-0361 (La. App. 3 Cir. visitation was impractical, particularly as exceptions of no cause of action regarding 10/1/14), 149 So.3d 856. he had little relationship with the children claims related to Mr. Davenport’s representa- Even though Mr. Barlow did not receive prior to his incarceration, and because it tion of his client were maintained because written notice from the clerk of court 10 was impractical for her to attempt to confer his claims did not establish sufficient facts days in advance of the trial date, because with him regarding decision making. The showing malice or an intent to harm Mr. he had actual notice of the trial date, having trial court also did not err in continuing his Mahfouz. However, his claims against Mr. discussed it with his attorney more than 10 child-support obligation, but in allowing the Davenport separate from his representa- days before the date, his motion for new child-support arrears to accrue. tion of his client were sufficient to state a trial, after he failed to appear at trial, was cause of action for defamation, although the
Lane Ewing Former Asst. U.S. Attorney
Stan Lemelle Former Criminal Chief, U.S. Attorney Don Cazayoux Former U.S. Attorney
White Collar Criminal Defense | Whistleblower Claims | Personal Injury
257 Maximilian Street, Baton Rouge 143 E. Main Street, New Roads 225.650.7400 | cazayouxewing.com
466 April / May 2015 comments were not defamatory per se. Mr. court could not “retroactively resurrect the court sustained the objection, Mr. Schwartz’s Mahfouz failed to state a cause of action for defective marriage agreement.” Moreover, attorney failed to proffer the testimony. The invasion of privacy and intentional infliction there was no testimony that she believed court of appeal affirmed the judgment of of emotional distress. The trial court did not she had a moral obligation, nor was there divorce because the failure to proffer the err in ordering Mr. Mahfouz to pay costs, any testimony that she had performed or testimony did not preserve the matter for the since the court can assess the costs in any promised to perform any obligation pursu- court’s review. The court of appeal discussed equitable manner. ant to the agreement. Because she had never that regardless of whether the defense of expressed an intent to bind herself to perform reconciliation is raised as an affirmative Adoption the agreement, neither a moral nor a natural defense, by testimony, by a peremptory obligation existed. exception, by a motion to dismiss or by some In Re JDH, 14-0621 (La. App. 3 Cir. other procedural vehicle, the party asserting 11/5/14), 150 So.3d 651. Divorce the defense bears the burden of proof. Ad- The father consented to an intrafamily ditionally, regardless of the method of raising adoption by the mother and the mother’s Hightower v. Schwartz, 14-0431 (La. App. the defense, once Ms. Hightower testified new husband, including a provision that he that they lived separate and apart “without would have visitation with the minor child 4 Cir. 10/15/14), 151 So.3d 903. During Ms. Hightower’s testimony reconciliation,” she became subject to cross- three full 24-hour days per month, but that examination on that issue and, further, the his visitation was conditioned on his making on the rule to show cause under article 102, Mr. Schwartz’s attorney attempted to trial court is required to find that the parties payments toward child-support arrearages did not reconcile. he owed the mother. He subsequently filed cross-examine her regarding reconciliation. a rule to enforce the agreement because the Ms. Hightower’s counsel objected that Mr. Schwartz had not filed any pleading raising —David M. Prados mother and stepfather were not allowing Member, LSBA Family Law Section him visitation. The trial court found, and the an affirmative defense of reconciliation, to which Mr. Schwartz’s attorney argued that, Lowe, Stein, Hoffman, Allweiss court of appeal affirmed, that the provision & Hauver, L.L.P. tying his visitation to his payment of the as a summary proceeding, no answer or affirmative defense was required. After the Ste. 3600, 701 Poydras St. arrearages was against public policy “in this New Orleans, LA 70139-7735 case.” Further, the trial court did not err in revising the visitation provision to provide, specifically, that his visitation would be the second weekend of each month from Friday at 5 p.m. to Sunday at 5 p.m. The mother’s failure to act in good faith and the resulting unfairness to the father supported the court’s finding that the agreement was against public policy.
Community Property/ Prenuptial Contract
Deshotels v. Deshotels, 13-1406 (La. App. 3 Cir. 11/5/14), 150 So.3d 541. Although the parties’ prenuptial matri- monial agreement for a separate-property regime was executed neither as authentic act nor as an act under private signature duly acknowledged, the trial court found that because Ms. Deshotels admitted in court that she had signed the document and that she had knowledge of its purpose, her acknowledgment created a “natural obliga- tion” of the parties to be separate in property, and that the agreement was enforceable. The court of appeal reversed, finding that she had not acknowledged the contract prior to the parties’ marriage and that her admission in
Louisiana Bar Journal Vol. 62, No. 6 467 improved coordination of care. The State managed. Doctors and other medical provid- (not the plan) ultimately processed and paid ers can sign contracts with as many plans as provider claims. In the new contract period, they wish and may remain Medicaid fee-for- Health all Bayou Health Plans participate under service providers to treat any patients who Law the prepaid-payment model, in which the are not included in Bayou Health. plan is paid a monthly flat fee for manag- ing the care of Medicaid recipients and will RAC Program process claims and pay providers directly Bayou Health for services. Improvements The five Bayou Health Plans chosen for On Feb. 1, 2015, the new contract pe- the new contract period are Aetna Better On Dec. 30, 2014, the Centers for riod began for Louisiana’s Bayou Health Health of Louisiana; Amerigroup Louisi- Medicare and Medicaid Services (CMS) Plans, which are the health plans chosen ana, Inc.; AmeriHealth Caritas Louisiana, published an updated list of Recovery Audit by the Louisiana Department of Health and Inc.; Louisiana Healthcare Connections; Program improvements intended to reduce Hospitals to coordinate health-care services and UnitedHealthcare Community Plan. provider burden and increase transpar- and payment for most Medicaid recipients, Aetna Better Health is a new entrant; the ency in the program. Under the Recovery including adults with disabilities who do not other plans participated in the prior Bayou Audit Program, recovery audit contractors receive Medicare, children under age 19, Health contract. All of the health plans will (RACs) audit Medicare claims submitted by their parents and pregnant women. operate statewide. hospitals, physicians and other health-care The most significant change in the new Medicaid recipients not covered through providers. RACs are paid a commission on contract period is the elimination of the Bayou Health include nursing home resi- each claim they deny. shared-savings payment model option that dents, Medicare dual eligibles and recipients Notably, CMS will limit the look-back existed under the prior contract. Under enrolled for some specialty-service Medic- period for patient status reviews to six the shared-savings model, the health plan aid programs. Individuals not enrolled in months after the date of service if the hospital received a monthly fee for each enrolled Bayou Health will continue receiving care has submitted its claim within three months member to provide care-management ser- through the legacy fee-for-service system. of the date of service. CMS believes this vices, with the opportunity to share in any Additionally, dental care and specialized addresses concerns regarding its policy that savings to the State that resulted from the behavioral-health services remain separately limits a hospital’s ability to resubmit certain THESE EYES HAVE IT
Both plaintiff and defense lawyers respect Dr. Darrell L. Henderson and Dr. Jeffrey S. Williams. With more than 45 years of experience in reconstructive and plastic surgery, these surgeons have the skill and expertise to consistently deliver positive clinical outcomes and expert legal advice. All of this adds up to PLASTIC SURGERY ASSOCIATES give your client the legal edge. 1101 S. College Rd. I Suite 400 While legal expertise is important, patients can rest assured they are getting Lafayette LA I 337.233.5025 highly advanced medical expertise as well. Combining the knowledge to heal with the compassion to comfort, patients know their future is a genuine concern and always at the forefront. [email protected]
468 April / May 2015 denied Medicare Part A claims under Part B three years and to adopt an implementa- time), asserting claims under the Jones to one year after the date of service. tion strategy to meet the needs identified Act and general maritime law, including Additionally, RACs will have a limit through the assessment; (2) to establish a a claim for maintenance and cure against on the number of document requests they written financial-assistance policy and a both defendants. The defendants denied that can make to a provider, depending on pro- written policy relating to emergency medi- the incident ever happened and argued that vider type and practice setting. To address cal care; (3) to not use gross charges and Meche forfeited his right to maintenance and concerns about providers unfamiliar with to limit amounts charged for emergency or cure by lying about his preexisting spinal the program becoming overwhelmed by other medically necessary care provided to injuries on his employment application and document requests, CMS is now instructing individuals eligible for assistance under the medical questionnaire. The district court RACs to let these providers transition into organization’s financial-assistance policy to found Meche’s testimony regarding being the program by not requesting the maxi- not more than the amounts generally billed washed over the railing by a wave incredible, mum number of documents immediately, to individuals who have insurance cover- as it conflicted with his contemporaneous but by reaching document limits through ing such care; and (4) to make reasonable account of straining his back lifting a hatch incremental requests. efforts to determine whether an individual cover and expert testimony that the seas Other changes include a reduction in is eligible for the financial-assistance policy were calm at the time. The court did find the time period RACs have to complete before engaging in extraordinary collection that Meche aggravated his preexisting spinal complex reviews from 60 days to 30. To actions. The hospital organization must meet injury by lifting the hatch cover and thus address concerns regarding accuracy of each requirement separately with respect to was entitled to recover maintenance and automated reviews, RACs will be required each hospital facility it operates. cure from Key and Doucet, and that they to maintain an accuracy rate of 95 percent. had acted in bad faith in wrongfully refusing Failure to maintain this rate will result in a —Erica Brown Barousse such relief, thus entitling Meche to punitive progressive reduction in document limits for Member, LSBA Health Law Section damages, attorney fees, interest and costs RACs. In response to concerns that RACs Ochsner Health System from both defendants. Meche appealed, and focus too much of their efforts on inpatient Ste. 500, Building B Key and Doucet cross-appealed. claims, CMS will require RACs to broaden 1201 S. Clearview Pkwy. On appeal, Meche argued that the ves- their review to topics that include all claims/ Jefferson, LA 70121 sel was unseaworthy in several respects, provider types. including that it was poorly lighted and that The improvements will be effective with lifting the hatch was a two-man operation each new RAC contract awarded after Dec. that he was ordered to perform alone. These 30, 2014, beginning first with a new contract Insurance, Tort, arguments were rejected outright as being awarded to identify improper Medicare Workers’ false or irrelevant. He further contended that payments nationwide made to suppliers of Compensation & the vessel was unseaworthy because it was durable medical equipment, prosthetics and Admiralty Law leaking oil, requiring him to perform the orthotics and to home health and hospice task leading to his injury. The district court providers. properly rejected this but-for argument as Negligence, not bearing directly on the injury. IRS Requirements for Unseaworthiness and The standards for maintenance and cure McCorpen Rule were established in the seminal case of Mc- Charitable Hospital Corpen v. Central Gulf Steamship Corp., Organizations Meche v. Doucet, 777 F.3d 237 (5 Cir. 396 F.2d 547 (5 Cir. 1968), and its progeny. 2015). Maintenance and cure is a contractual On Dec. 29, 2014, the Treasury Depart- Willie Meche was employed by Key form of compensation afforded by ment and the IRS released final regulations Marine Services, L.L.C., under supervi- the general maritime law to seamen under Internal Revenue Code Section sion of Alex Doucet, as captain of the crew who fall ill or are injured while in the 501(r), added by the Patient Protection and boat MISS CATHERINE, owned by Key service of a vessel. . . . Maintenance Affordable Care Act in 2010, which im- and serving a drilling rig off the coast of is a daily stipend for living expenses, pose additional requirements on charitable Louisiana. While the vessel was tied to the (whereas) cure is the payment of hospital organizations. Section 501(r)(1) rig, which was under tow to a new location, medical expenses. provides that a hospital organization will Meche allegedly injured his back lifting a not be treated as a Section 501(c)(3) tax- hatch cover to check the oil on the vessel. The vessel owner’s obligation to exempt organization unless the organization Meche claimed that stormy conditions provide this compensation does not meets the requirements of Sections 501(r)(3) caused a five-foot wave to hit the vessel and depend on any determination of fault, through 501(r)(6), which require a hospital throw him over a railing. but rather is treated as an implied term organization (1) to conduct a community- Meche filed suit against Key and Doucet of any contract for maritime employ- health-needs assessment at least once every (toolpusher on the rig under tow at the ment. A seaman may recover main-
Louisiana Bar Journal Vol. 62, No. 6 469 tenance and cure even for injuries or the preexisting injuries and lacked requisite illnesses pre-existing the seaman’s literacy skills to comprehend and respond employment unless that seaman to the written employment questionnaire Intellectual knowingly or fraudulently concealed disingenuous. The “intervening asset sale” Property his condition from the vessel owner of Meche’s employment contract made all Law at the time he was employed. of Moncla’s defenses against such claims available to Key. The court limited its deci- Meche, 777 F.3d at 244 (footnotes sion, however, with the following language: omitted). Recent Legislative The 5th Circuit summarily vacated the The rule we announce today only ap- maintenance and cure, punitive damages, plies when a company purchases the Changes to attorney fees, interest and costs award against division and keeps the predecessor’s U.S. Patent Law Doucet, as the duty extends only to the seaman in its employ. It would not, seaman’s employer, which Doucet clearly for example, punish a seaman who The Leahy‑Smith America Invents was not. Key raised a McCorpen defense, leaves his or her employer for an Act (AIA) and more recent legislation claiming that Meche had intentionally entirely unrelated company. have changed U.S. patent law both in failed to disclose his preexisting condition practice and procedure. Perhaps the best to a prior employer, Moncla Marine, from Therefore, an intervening asset sale known and most significant change is the whom Key purchased its marine division does not automatically relieve a sea- conversion from a first-inventor patent and thereby “acquired all of its assets and man from the consequences of his or system to a first‑inventor‑to‑file patent all of its liabilities,” including Meche’s her prior intentional concealment of system, which results in the U.S. system employment contract. material medical information. aligning with the global patent standard. The district court found that Meche AIA Sec. 3; 35 U.S.C. §§ 100, 102, 103 sustained three prior work-related low back The district court’s judgment rejecting (effective March 16, 2013). Generally and neck injuries between 1984 and 1994, Meche’s Jones Act negligence and unsea- the filing date of a patent application before he applied to work for Moncla. Meche worthiness claims against Key and Doucet is considered to be the invention date received disability payments and sued his was affirmed. The awards against Doucet for prior art. This change results in yet former employers for damages, settling two and Key were vacated, and judgment was another reason to file a patent application lawsuits for a total of $170,000. The 5th rendered in their favor. as soon as possible. Failure to do so may Circuit held that Meche was aware of his result in the loss of all patent rights, and prior spinal injuries at the time he applied to —John Zachary Blanchard, Jr. possibly the granting of a U.S. patent to a work for Moncla and concealed information Past Chair, LSBA Insurance, Tort, later inventor (which could then prevent about those injuries from Moncla, and by Workers’ Compensation and the earlier inventor from practicing the extension, from Key. Admiralty Law Section invention). The 5th Circuit found Meche’s argu- 90 Westerfield St. All patent practitioners should be ment that he had made oral disclosure of Bossier City, LA 71111 aware of a number of other significant changes. A version of the Act can be found Pro Bono Heroes: Providing Justice for All at: www.uspto.gov/aia_implementation/ bills-112hr1249enr.pdf. The inability to hire an attorney can sometimes keep people A summary of the effective dates of from improving their situations. They can’t get custody of different provisions of the Act can be found at: www.uspto.gov/sites/default/ their children or end destructive marriages, for files/aia_implementation/aia-effective- example. It’s rewarding to help them resolve dates.pdf.
their legal issues so they can move AIA Highlights ahead with their lives. Below are highlights of some of the other important changes resulting from the AIA: – Elizabeth A. Dugal Attorney at Law and volunteer with Lafayette Volunteer Lawyers ► There is a prioritized-examination Lafayette, LA option for a fee with no difficult requirements (unlike prior provisions), ustice F Providing J or A which allows an inventor to get a final Access to Justice ll disposition of the patent application www.lsba.org/ATJ Louisiana State Bar Association within about 12 months. AIA Sec. 11; 37
470 April / May 2015 C.F.R. § 1.102(e). § 376). ► A new class of entity — micro ► There are significant changes entity — is established. Under the prior to the patent-marking statute. Among International scheme, government fees were assessed these, virtual marking (i.e., marking a Law between large entities and small entities. reference to a web page on a product) Large entities are for‑profit companies is now possible. AIA Sec. 16; 35 U.S.C. with more than 500 employees, whereas §§ 287, 292. small entities are nonprofits or companies having fewer than 500 employees. Small Other Changes Office of the U.S. Trade entities pay most fees at one-half the rate In addition to the AIA, other changes paid by large entities. Now, micro entities to U.S. patent legislation are worth noting. Representative will pay most government fees at one- First, in general, the 12‑month period On Feb. 13, 2015, the Office of the U.S. half the rate paid by small entities. Many to file a U.S. patent application claiming Trade Representative (USTR) announced independent inventors will qualify for priority of another patent application may that it was pursuing dispute-settlement this micro-entity status, as will nonprofit be extended by up to an additional two consultations with the Government of universities. AIA Sec. 10; 35 U.S.C. § 123. months if the delay in filing the application China at the World Trade Organization ► The inventor’s oath or declaration in this country within the 12‑month period (WTO) regarding a purported massive can be included in an assignment or was unintentional. 35 U.S.C. § 119. export-contingent subsidies program replaced with a substitute statement by Second, a new provision allows for the providing support to several industries, someone else, such as an assignee. The delayed payment of a maintenance fee including textiles, agriculture, medical oath or declaration may now be submitted at any time if the delay is unintentional products, light industry, special chemical any time prior to paying the issue fee. AIA (there is no longer a two‑year deadline engineering, new materials, and hard- Sec. 4; 35 U.S.C. §§ 115, 118 (effective to file after patent expiration). 35 U.S.C. ware and building materials. A total of Sept. 16, 2012). § 41. The previous “unavoidable” delay 179 industrial clusters are at issue, with ► A patent claim can no longer be standard has been eliminated in favor some sectors receiving at least $635,000 found to be invalid or unenforceable in of a single standard of “unintentional” worth of annual benefits. Exports from litigation due to a failure to disclose the delay. Abandoned patent applications also sectors receiving export subsidies are best mode contemplated by an inventor may be revived solely on the basis of the significant, including the textiles sector, for carrying out the invention. AIA Sec. “unintentional” standard. 35 U.S.C. § 27. which accounts for 14 percent of China’s 15; 35 U.S.C. §§ 112, 282. Finally, a nonprovisional application textile exports, and the seafood industry, ► Derivation proceedings are (other than a design application) may accounting for 20 percent of China’s established and limited to allegations now be filed without claims and still be seafood exports. that one alleged inventor derived the granted a filing date (a claim has never Consultations are the first step in the invention from another alleged inventor. been required for a provisional application WTO dispute-settlement process. If the AIA Sec. 3; 35 U.S.C. §§ 134, 135, 146, to be entitled to a filing date). 35 U.S.C. United States and China are unable to 291 (effective March 16, 2013). § 111. A nonprovisional application also reach a satisfactory resolution, the United ► Supplemental examination may be filed “by reference” to a previously States may request the establishment of post‑issuance proceedings are established, filed patent application in place of filing a dispute-settlement panel to resolve the which allow one to cure apparent the specification and drawings. 37 CFR § dispute. This announcement comes as the inequitable conduct that might otherwise 1.57(a). However, the patent application President seeks approval of his broader render a patent unenforceable. AIA Sec. will not be placed on a Patent Examiner’s international trade agenda, including 12; 35 U.S.C. § 257 (effective Sept. 16, docket until the patent application Trade Promotion Authority and the Trans- 2012). includes a specification including at least Pacific Partnership Agreement. ► A party’s failure to obtain the advice one claim. of counsel with respect to any alleged patent infringement may not be used in —Vanessa M. D’Souza and U.S. Senate court to prove that the accused infringer Seth M. Nehrbass Leveling the Playing Field Act, S. 2994 willfully infringed the patent or that the Past Chairs, LSBA Intellectual (113th Congress, 2d Session). infringer intended to induce infringement Property Law Section Sen. Sherrod Brown (D-OH) intro- of the patent. AIA Sec. 17; 35 U.S.C. § 298. Garvey, Smith, Nehrbass duced the Leveling the Playing Field ► Tax strategies are deemed within & North, L.L.C. Act to implement certain changes and the prior art — applicable to any pending Ste. 3290, 3838 N. Causeway Blvd. clarifications to existing U.S. trade rem- patent applications or future patent Metairie, LA 70002‑1767 edy Antidumping and Countervailing applications, but not prior-issued patents. Duty laws. Many of the changes seek AIA Sec. 14 (Uncodified Law, present in to promote administrative efficiency at the USPTO copy of 35 U.S.C. following the Department of Commerce, the U.S.
Louisiana Bar Journal Vol. 62, No. 6 471 agency charged with administering the in the terms and conditions of employment decision is most notable in its discussion U.S. trade remedy laws. The bill also because of” having engaged in certain of the damages available under SOX. delineates additional factors the Interna- protected whistleblowing activity. When Citing 18 U.S.C. § 1514A(c), the court tional Trade Commission should consider an employee prevails in an anti-retaliation noted that the forms of relief specifically when assessing injury to the U.S. domestic action, SOX provides that the employee listed in the statute — reinstatement, industry. In short, the bill makes the fol- “shall be entitled to all relief necessary back pay and certain “special damages” lowing changes/clarifications to U.S. An- to make [him] whole,” including — are not exhaustive, as indicated by tidumping and Countervailing Duty law: reinstatement, back pay (with interest) and the phrase “[r]elief for any action . . . ► maintains Commerce’s discretion “compensation for any special damages shall include.” 18 U.S.C. § 1514A(c) to use adverse facts available when a sustained as a result of the discrimination (2) (emphasis provided). As the court mandatory foreign respondent fails to . . . .” 18 U.S.C. § 1514A(c). explained, “We read the entitlement to cooperate with an investigation; In Halliburton, Inc. v. Administrative ‘all relief necessary to make the employee ► increases the number of factors and Review Board, United States Department whole’ in § 1514A(c)(1) to have a broader the length of time the International Trade of Labor, 771 F.3d 254 (5 Cir. 2014), the scope than the three enumerated forms Commission should use to evaluate the 5th Circuit considered for the first time of relief in § 1514A(c)(2).” Id. at 264. In injury or threat of injury to U.S. producers; ► closes the “new shipper” loophole whether noneconomic compensatory other words, the court found that reading used by many foreign companies to evade damages, such as damages for emotional these two provisions together indicates or circumvent antidumping or counter- distress and reputational harm, are that “shall include” must also mean “but vailing duties; available under SOX. There, an employee is not limited to.” ► increases the penalties for failure of Halliburton lodged a complaint with The 5th Circuit supported its to provide, or for falsifying, a country of management, in accordance with company conclusion with Lockheed Martin Corp. origin certificate for merchandise covered procedures, about what he perceived as v. Administrative Review Board, 717 F.3d under an antidumping or countervailing questionable accounting practices. He 1121 (10 Cir. 2013), noting that the 10th duty order; also filed a confidential complaint with the Circuit is the only other circuit court ► clarifies that Commerce has the SEC. When the SEC provided notification that has confronted the issue of whether statutory authority to determine whether of its investigation into the company’s SOX affords noneconomic compensatory to include voluntary respondents in an investigation; and accounting practices, the company’s damages. The court also examined near- ► clarifies Commerce’s statutory general counsel surmised that claimant/ identical language in the anti-retaliation authority to assess whether a country’s employee was the source of the complaint provision of the False Claims Act and non-market economy status should be to the SEC, as general counsel had also decisions of the 7th and 8th Circuits maintained. seen the internal complaint. General concluding that the False Claims Act counsel then sent an email to claimant’s provides noneconomic compensatory —Edward T. Hayes boss and others in his work group, damages. In addition, the 5th Circuit Leake & Andersson, L.L.P. identifying claimant as the whistleblower. found persuasive the Secretary of Labor’s Ste. 1700, 1100 Poydras St. Claimant also received the email and was argument: New Orleans, LA 70163 “horrified” that he had been identified as the source of the SEC complaint. that because the text of SOX’s anti- Id. at 257. His work relationships and retaliation provision proscribes performance immediately began to certain employer conduct, namely Labor and decline, and he ultimately was granted “threat[s]” and “harass[ment],” Employment paid administrative leave. see 18 U.S.C. § 1514A(a), that Law After claimant successfully pursued his in the usual case will cause claim through the administrative process only noneconomic harm such as and was awarded compensatory damages emotional distress, rather than for emotional distress and reputational economic harm, it would be SOX Affords harm, Halliburton sought the 5th Circuit’s anomalous to construe the statute review. Halliburton challenged both the to fail to afford a corresponding Noneconomic conclusion that claimant suffered an remedy for such. Compensatory Damages “adverse action” and that his protected activity was a “contributing factor” in the See Halliburton, 771 F.3d at 266. For The anti-retaliation provision of the adverse action (two of the four elements these reasons, and others discussed in Sarbanes-Oxley Act (SOX), 18 U.S.C. of a SOX anti-retaliation claim), as well the opinion, the 5th Circuit concluded § 1514A(a), provides that certain public as the damages award. Id. at 259. that the anti-retaliation provision of SOX companies may not “discharge, demote, While the 5th Circuit’s discussion of “affords noneconomic compensatory suspend, threaten, harass, or in any other the “adverse action” and “contributing damages, including emotional distress manner discriminate against an employee factors” elements is instructive, the and reputational harm.” Id.
472 April / May 2015 Fatally Defective Dismissal of Levee Board Pleadings Cannot Be Lawsuit Corrected by Proof Mineral Law Bd. of Comm’rs of the S.E. La. Flood Taken at a Default Protection Authority-E. v. Tenn. Gas Judgment Hearing Pipeline Co., ____ F. Supp. 3d ____, 2015 WL 631348, Civ. No. 13-cv-05410 (E.D. In Wooten v. McDonald Transit Associ- Termination of Lease; La. Feb. 13, 2015). ates, Inc., 775 F.3d 689 (5 Cir. 2015), the 5th On Feb. 13, 2015, Judge Nannette Circuit confronted the question it left open Commencement of Jolivette Brown dismissed the “Levee in Nishimatsu Construction, Ltd. v. Houston Lawsuit; Mineral Servitude Board Lawsuit” in its entirety because National Bank, 515 F.2d 1200, 1206 n.5 (5 Owner plaintiff failed to state a claim upon which Cir. 1976): whether “otherwise fatal defects relief could be granted. This case was filed by the Board of in the pleadings might be corrected by proof Crooks v. Louisiana Pac. Corp., 14-0724 Commissioners of the Southeast Louisiana taken by the court at a hearing”? (La. App. 3 Cir. 12/10/14), 155 So.3d 686. Flood Protection Authority-East (plaintiff) In Wooten, plaintiff asserted claims under This case involved a lawsuit by a on July 24, 2013, in state court in New the Age Discrimination in Employment landowner against a mineral servitude Orleans. Defendants removed the case to Act, but his “complaint contained very few owner, seeking to recover money for federal court on June 27, 2014. On Sept. 5, factual allegations,” id. at 691, and the facts alleged surface damage even though the 2014, defendants filed a motion to dismiss he did allege were “inextricably bound up lease had not yet terminated. The property pursuant to Federal Rule of Civil Procedure with legal conclusions.” Id. at 696. When encompasses 200 acres in LaSalle Parish. Rule 12(b)(6), arguing that plaintiff failed to defendant failed to appear and answer, the Over time, the property was bought and state a claim based upon the allegations in its district court entered default judgment, and sold by various companies, but the original petition. Oral argument was heard on Nov. at a hearing on damages plaintiff testified in owner, Louisiana Pacific, reserved a 12, 2014, and supplemental briefs were filed. detail regarding the elements of his claim mineral servitude. The mineral servitude Through this lawsuit, plaintiff sought that were absent from the pleadings. was transferred among a number of to hold practically the entire oil and gas On defendant’s appeal, the majority entities. In 2012, the Crooks, the then- industry accountable for alleged damages vacated the default judgment, noting that owners, filed a lawsuit for environmental to the “Buffer Zone.” The lawsuit was the complaint, standing alone, failed to meet contamination. The Crooks sued all of originally filed against 96 oil and gas the Rule 12(b)(6) “plausibility” standard and the entities that at one time owned all or companies; 88 companies remained at the concluding that it was not “well-pleaded” a portion of the mineral servitude. time of the dismissal. Plaintiff asserted that for default judgment purposes. Id. Although In defense of this lawsuit, one defendants allegedly caused damage to the plaintiff’s live testimony provided suf- defendant raised the dilatory exception Louisiana’s wetlands by conducting certain ficient factual detail to support each element of prematurity, arguing that because the dredging and maintenance activities in of the ADEA claim, the court concluded mineral lease had not yet expired, any the Buffer Zone. Defendants, however, “that a fatally deficient complaint cannot end-of-lease restoration obligations were maintained that those activities were be cured by testimony at a prove-up hear- not yet due. The Crooks stated there was lawfully conducted pursuant to various ing.” Id. at 703. no law preventing them from suing for permits issued by the State of Louisiana The dissent expressed concerns that environmental contamination before the and the federal government. the majority’s decision “will eviscerate the lease ended. The trial court granted the In dismissing the suit, Judge Brown role of default judgments in the efficient exception, and the lawsuit was dismissed. found that no federal or state law provided administration of civil litigation,” id. at The Crooks appealed to the Louisiana any recourse by which plaintiff could 704, and that the “practical consequence” 3rd Circuit Court of Appeal. The 3rd successfully bring its lawsuit. Judge Brown will require district courts to rule sua sponte Circuit reversed and remanded the case, rejected plaintiff’s arguments, ruling on the sufficiency of complaints.Id . at 705. finding that nowhere in the Mineral Code that the levees were too far from, or too or Civil Code is there a requirement that indirectly affected by, the alleged damage. —Kathryn M. Knight a landowner wait until a mineral lease Judge Brown also said the plaintiff had no Council Member, LSBA Labor and has expired before he can file a lawsuit right to sue under any of the permits issued Employment Law Section for restoration damages. Also, there are by the State of Louisiana or the U.S. Army Stone Pigman Walther Wittmann, L.L.C. no prohibitions against filing a lawsuit Corps of Engineers because those permits 546 Carondelet St. against a mineral-servitude owner before sanctioned the operations conducted by New Orleans, LA 70130 the lease expires. Thus, the 3rd Circuit defendants. found that the timing of the lawsuit did Moreover, Judge Brown did not find not bar it. that any of the federal laws that plaintiff
Louisiana Bar Journal Vol. 62, No. 6 473 contended defendants had violated were claim under article 667 of the Civil Code intended to create a legal duty in favor of could not survive. plaintiff. Simply put, the court stated “oil As to plaintiff’s third-party-beneficiary and gas companies do not have a duty under claims viz. the dredging permits authorized Professional Louisiana law to protect members of the by the Corps of Engineers, the court held Liability public ‘from the results of coastal erosion that (1) a permit is not a contract under allegedly caused by [pipeline] operators federal common law and (2) even if permits that were physically and proximately were contracts, plaintiff could not establish remote from plaintiffs or their property.’” that it was an intended beneficiary, which Can PDR Evidence Alone Regarding the natural servitude of is required by federal common law. Establish a Prima Facie drainage, the court found that plaintiff No doubt this ruling will be appealed Case? did not state a claim because a servitude by plaintiff to the U.S. 5th Circuit Court of of drainage cannot exist between non- Appeals in the near future. McCorkle v. Gravois, 13-2009 (La. App. adjacent estates with respect to coastal 1 Cir. 6/6/14), 152 So.3d 944, writ denied, storm surge. The court refused to extend —Keith B. Hall 14-2179 (La. 12/8/14). articles 655-656 of the Louisiana Civil Member, LSBA Mineral Law Section Plaintiff alleged the defendant physi- Code to fit the circumstances presented by Louisiana State University cian did not adequately inform a patient plaintiff here. The court felt the expansion Paul M. Hebert Law Center of drug-related information that was of such laws was better left to the Louisiana 1 E. Campus Drive included in the PDR and (presumptively) Legislature. Baton Rouge, LA 70803 accompanies the drug when it is pre- Regarding the nuisance claims, Judge and scribed. The patient killed himself shortly Brown held that they also failed because Colleen C. Jarrott after taking the medication (Lunesta) for plaintiff did not allege that it was a neighbor Member, LSBA Mineral Law Section three consecutive days. to any property of any defendants. Plaintiff Slattery, Marino & Roberts, A.P.L.C. The defendant supported his motion did not allege any physical proximity of Ste. 1800, 1100 Poydras St. for summary judgment (MSJ) with a the servient and dominant estates. Thus, its New Orleans, LA 70163
Tax Credits and Economic Development
Friday, May 1, 2015 New Orleans Hotel • 500 Canal St. Sheraton
orbes describes Louisiana as “America’s new frontier for business opportunity” in a commentary about the state’s economic development efforts. With a dramatic economic transformation since 2008, Loui- siana is attracting major business investment in both traditional and emerging industries, “…luring in dozens of economic development projects that are creating more than 63,000 jobs and over $28 billion Fin new capital investment.” Forbes cites several keys to Louisiana’s renaissance: comprehensive, customized workforce training; major government reforms in ethics laws and tax policy; highly competitive business incen- tives and –above all– an innovative ability to adapt to the new global economy. (As published in Forbes, per www. opportunitylouisiana.com) Join ROB WOLLFARTH, seminar chair, and speakers from the legal arena and busi- ness community for a day exploring the current tax credits and economic development in Louisiana. Register online today at www.lsba.org/cle
474 April / May 2015 unanimous panel opinion in his favor evidence in that case proved that physi- necessary to establish standard of care and with the testimony of the plaintiffs’ cian’s use of a medication was “in direct and breach when the medical and factual own expert that he had not breached the contradiction” to PDR instructions. issues can so obviously be perceived by applicable standard of care. The plaintiffs’ 99-0766, (La. App. 1 Cir. 5/23/00), 767 a jury as negligence. Pfiffner v. Correa, only opposing evidence was Lunesta’s So.2d 758. Terrebonne had “considered 94-0924 (La. 10/17/94), 643 So.2d 1228, PDR and package-insert information. The and cited with favor” a factually similar 1234. McCorkle concluded that Pfiffner ultimate question was whether the product Minnesota Supreme Court opinion that and Terrebonne, together with other information alone constituted evidence reversed a directed verdict for a physician cases referenced throughout the opin- sufficient to defeat an MSJ. defendant because the PDR contained a ion, soundly point in favor of admitting The McCorkle court reviewed jurispru- “warning section” about the particular risk PDR information as evidence sufficient dence from other jurisdictions concerning of harm at issue, which it held is “prima to establish a prima facie showing of the evidentiary value of the PDR, whose facie evidence of negligence if there is breach. However, the court then quoted product information is “substantially competent medical testimony that his Terrebonne: “whether plaintiffs may use similar, if not identical” to the informa- patient’s injury or death resulted from the the evidence they intend to offer as prima tion the Food and Drug Administration doctor’s failure to adhere to the recom- facie proof of [the physician’s] negligence requires in all drug-package inserts. The mendations.” Mulder v. Parke Davis & is itself a matter seriously unresolved; and court noted that the question of whether Co., 181 N.W. 2d 882, 887 (Minn. 1970) the granting of summary judgment under the “PDR, either alone or where contra- (per curiam on rehearing). Terrebonne the circumstances was inappropriate.” dicted by expert testimony, may be used noted that it (the Terrebonne court) may McCorkle, 152 So.3d at 954, quoting to establish the applicable standard of care have been presented with the first instance Terrebonne, 767 So.2d at 763. and breach thereof is more complex and in Louisiana where a plaintiff sought to McCorkle also quoted Christiana v. more problematic” than when it is offered rely solely on the PDR’s specific warn- Sudderth, which in part relied on Fournet in conjunction with expert testimony to ing to establish the standard of care. 767 and Terrebonne: “A health-care provider’s prove standard of care and breach. So.2d at 763. deviation from a manufacturer’s warn- The McCorkle court referenced Ter- McCorkle then cited Pfiffner v. Cor- ing may be negligence for which expert rebonne v. Floyd and observed that the rea’s holding that expert testimony is not testimony is not required to establish the applicable standard of care, because Business on the Bayou: Tax Credits and Economic Development in Louisiana such evidence may be sufficient to make Friday, May 1, 2015 H Sheraton New Orleans Hotel H 500 Canal St. a prima facie showing of negligence.” Seminar Chair: Rob Wollfarth • Baker, Donelson, Bearman, Caldwell McCorkle, 152 So.3d at 954, quoting & Berkowitz • New Orleans, LA Christiana v. Sudderth, 02-1080, (La. 8:00-8:30 a.m. Registration App. 5 Cir. 2/25/03), 841 So.2d at 911, 916. 8:30-9:30 a.m. The Status of Economic Development in Louisiana (1 credit) Michael Hecht • Greater New Orleans, Inc. • New Orleans The McCorkle court then took into account DeRoche v. Tannenbaum, which 9:30-10:30 a.m. Tax Incentives for Emerging Companies contrastingly granted summary judgment (1 credit) rob Wollfarth • Baker, Donelson, Bearman, Caldwell in favor of a defendant physician and & Berkowitz • New Orleans specifically ruled that “a manufacturer’s 10:35-10:45 a.m. Break labeling and package insert standing alone is insufficient to establish a prevailing 10:45-11:45 a.m. Financing Real Estate Development with Bonds, PILOTs, and TIFs medical standard of care required by La. (1 credit) david M. Wolf • Adams and Reese • New Orleans R.S. 9:2794.” The court further held that 11:45-1:00 p.m. Lunch (on your own) a “physician’s medical decision to deviate from a manufacturer’s labeling also does 1:00-2:00 p.m. Financing Real Estate Development with New Markets Tax Credits not ipso facto establish a breach of the (1 credit) and Historic Tax Credit Investors Troy Villafarra • Crescent Growth Capital, LLC • New Orleans applicable standard of care.” McCorkle, 152 So.3d at 955, quoting DeRoche v. 2:00-3:00 p.m. Legal Requirements Related to New Markets Tax Credits Tannenbaum, 13-0979 (La. App. 4 Cir. (1 credit) and Historic Tax Credits Megan C. Riess • Fishman Haygood • New Orleans 12/18/13), 131 So.3d 400, 411-12. McCorkle then observed that Robin 3:00-3:15 p.m. Break v. Hebert held that product information alone, without expert testimony, was not 3:15-4:15 p.m. Recent Developments in Professionalism (1 credit – Prof.) dane S. Ciolino • Attorney at Law • New Orleans sufficient to establish a breach. Robin, however, involved cardiology-specific and complex medical issues; thus, Robin egister online today at R www.lsba.org/cle held that the PDR was not of weight
Louisiana Bar Journal Vol. 62, No. 6 475 adequate to defeat summary judgment. ordered the City of Baton Rouge to refund if the toilet is owned by someone else, but 12-1417 (La. App. 3 Cir. 5/1/13), 2013 taxes that had been paid under protest. is a taxable service if the toilet is owned WL 1809821, ____ So.3d ____. The Court reversed the Louisiana 1st by the lessor. McCorkle’s last case reference was Circuit Court of Appeal’s holding that to an admonition by the New Jersey Pot-O-Gold’s charges for cleaning and —Antonio Charles Ferachi Supreme Court in a judgment affirming sanitation services were subject to the Member, LSBA Taxation Section a jury verdict in favor of a physician: “Al- City’s sales-and-use tax because they Director, Litigation Division lowing the admission of PDR warnings were provided in connection with, and Louisiana Department of Revenue without accompanying expert testimony incidental to, the lease or rental of tangible 617 North Third St. could transform drug manufacturers into personal property. Baton Rouge, LA 70821 judges of acceptable medical care. The Pot-O-Gold owns portable toilets and effect would be to force doctors to follow holding tanks that it leases to customers Video on Demand, Pay- the PDR’s recommendations or run the and offers cleaning and sanitation services risk of liability for malpractice.” Morlino for these rented toilets and tanks. Pot-O- Per-View Programming v. Med. Ctr., 706 A.2d 721, 730 (1998). Gold also offers cleaning and a sanitation Not Subject to Sales Tax The McCorkle court ultimately granted service for portable toilets and tanks the defendant’s motion for summary judg- owned by others and does not require In Normand v. Cox Communications ment, deciding that, because Lunesta’s rental customers to purchase its sanitation Louisiana, L.L.C., 14-563 (La. App. 5 Cir. product information did not provide any or cleaning service. If a rental customer 12/23/14), ____ So.3d ____, a case not specific warning or contraindication that chooses to reject sanitation or cleaning yet released for publication, the Jefferson clearly and explicitly directed the physi- services, the customer is charged a higher Parish tax collector sought to collect sales cian to take any action different from what rental fee. A compliance audit revealed tax on Cox’s Video on Demand (VOD) was taken, the plaintiffs could not estab- that, although Pot-O-Gold collected taxes and Pay-Per-View (PPV) programming. lish a prima facie case of negligence by on its rentals, it had not collected taxes The trial court rendered judgment in favor relying solely on the product information. for the cleaning or sanitization services it of the taxpayer, finding that Cox’s VOD provided in connection with these rentals. and PPV programming are nontaxable —Robert J. David The City issued an assessment for addi- services rather than tangible personal Gainsburgh, Benjamin, David, tional sales taxes, which Pot-O-Gold paid property. On appeal, the tax collector Meunier & Warshauer, L.L.C. under protest and filed suit to recover. argued that the VOD and PPV program- Ste. 2800, 1100 Poydras St. The City’s ordinance imposed a tax ming constitute computer software and New Orleans, LA 70163-2800 on the lease or rental of tangible personal are, therefore, tangible personal property, property. Such taxes are levied on the and also argued that, even if the VOD gross proceeds derived from the lease or and PPV programming are not computer rental of tangible personal property, where software, they are still considered tangible the lease or rental of such property is an personal property subject to sales tax established business, or part of the same because the data comprising the VOD Taxation is incidental or germane to the business. and PPV programming manifests itself In reaching its decision, the 1st Circuit in the customers’ televisions as visual held the “true object” of the transactions images and sound. The taxpayer argued at issue was the furnishing of toilets and that the VOD and PPV programming are tanks and held that the cleaning and sanita- considered nontaxable services and pre- Waste Removal Services tion services were provided in connection sented testimony to support its arguments “Not” Part of the Taxable with, and incidental to, the rental of such that the VOD and PPV programming are tangible personal property. However, the neither computer software nor are they Gross Proceeds of Leases Louisiana Supreme Court disagreed, find- tangible personal property because they ing that it was just as reasonable that the are data streams that no longer exist once Pot-O-Gold Rentals, L.L.C. v. City of true object of the portable-toilet transac- they reach the customers’ televisions. The Baton Rouge, 14-2154 (La. 1/16/15), tion was the removal of human waste. court of appeal agreed with the taxpayer 155 So.3d 511 (per curiam). The Court held that the true object of the that the VOD and PPV programming The Louisiana Supreme Court rein- transaction was at least debatable, requir- are not computer software as defined by stated a trial court’s decision granting ing the Court to adopt the interpretation Louisiana sales tax law and found that Pot-O-Gold Rentals, L.L.C.’s motion urged by Pot-O-Gold as the least onerous the evidence supported the trial court’s for summary judgment. The Court held to the taxpayer. The Court also stated finding that the VOD and PPV program- that waste-removal services were not that an absurd result would be created if ming are not tangible personal property. taxable as gross proceeds derived from it found that providing cleaning services On appeal, the tax collector also took the lease or rental of portable toilets and for portable toilets is not a taxable event
476 April / May 2015 the position that Cox’s VOD and PPV art. 1571, the court explained that a programming are subject to sales tax valid testament can be executed by only by virtue of being considered a lease or Trusts, Estate, one testator, regardless of whether it is rental under La. R.S. 47:301(7), but the Probate & olographic or notarial. court held that, since Jefferson Parish Immovable The court also determined that the only imposes sales taxes on the lease or Property Law 1994 document did not meet the formality rental of tangible personal property, the requirements of either an olographic or programming could not be subject to sales a notarial testament. The court noted tax as a lease or rental because the trans- When There’s a Will, that an olographic testament must be action did not involve tangible personal entirely written, dated and signed in the property. Finally, the court considered There’s Not Always a handwriting of the testator. La. Civ.C. whether VOD and PPV programming are Way: 4th Circuit Finds art. 1575. Although the 1994 document subject to sales tax as “sales of services” Testament Invalid was handwritten and bore the testators’ pursuant to La. R.S. 47:301(14). While signatures, the only date present was from the court of appeal determined that VOD Succession of Duskin, 14-0236 (La. App. the notary stamp. The court noted that this and PPV programming are considered 4 Cir. 11/19/14), 153 So.3d 567. precise issue had been addressed by the sales of services, such services were ex- The issue before the court was whether Louisiana Supreme Court in Succession of empt from sales tax pursuant to La. R.S. a document purporting to bequeath certain Aycock, 02-0701 (La. 5/24/02), 819 So.2d 47:305.16 and 47:301(29)(x)(vii). Under rights belonging to the president and vice 290, which reversed a ruling that upheld the first provision, stating that “state and president of a corporation was a valid an olographic testament written entirely in local sales and use taxes shall not apply testament. the hand of the testator, but the only date to necessary fees incurred in connection In his last will and testament, Manuel appearing on the document was filled in with the installation and service of cable Duskin bequeathed his 20 percent by the notary. Because the 1994 document television,” VOD and PPV programming ownership interest in the Mahalia Jackson did not contain a date written in the hand were part of the regular services offered Residual Corp. (the corporation) to his of the testator, the court found that it failed by the provider and transmitted in the daughters. Duskin passed away on March to satisfy the formality requirements of same manner. The latter provision also 19, 2004, and his will was probated shortly an olographic testament. covered VOD and PPV programming in thereafter. A final judgment of possession The 1994 document also did not the definition of exempt cable service. was signed on Sept. 27, 2004, putting comply with the formalities prescribed for Therefore, the court agreed with the trial Duskin’s daughters in possession of his a notarial testament. A notarial testament court’s finding that the programming is a estate and giving each daughter a 10 must be in writing and dated, and if the nontaxable service and affirmed the trial percent interest in the corporation. testator knows how to and is physically court’s judgment in favor of the taxpayer. After Duskin’s death, Bishop Frank able to sign his name and read, the testator E. Lott filed suit, asserting that he owned must declare or signify in the presence —Jaye A. Calhoun and the exclusive rights to the residue of of a notary and two witnesses that the Christie Boudan Rao Jackson’s estate, including her publicity instrument is his last will and testament. Members, LSBA Taxation Section rights and intellectual property. In support La. Civ.C. art. 1577. Because the 1994 McGlinchey Stafford, P.L.L.C. of his claims, Lott relied on a two-page, document was signed by only one witness 601 Poydras St., 12th Flr. handwritten document titled “Irrevocable and was not dated, the court found that New Orleans, LA 70130 and Last Will and Testament” (the 1994 it failed to comply with the formalities document) that purportedly bequeathed prescribed for a notarial testament. to Lott the rights relative to the Mahalia Jackson name, proceeds and book. The —Christina Peck Samuels “testators” to the 1994 document were Member, LSBA Trusts, Estate, Your call is Duskin and Edison Lazard, president Probate and Immovable Property Law and vice president, respectively, of the Sher Garner Cahill Richter Klein absolutely corporation, each owning 20 percent. & Hilbert, L.L.C. confidential as The 1994 document was not dated, but Ste. 2800, 909 Poydras St. a matter of law. was notarized, and also signed by Duskin, New Orleans, LA 70112 Lazard and one witness. The 4th Circuit held that the 1994 Call toll-free document was not a valid testament because the two testators purportedly (866)354-9334 attempted to bequeath their property in Email: [email protected] one document. Relying on La. Civ.C.
Louisiana Bar Journal Vol. 62, No. 6 477 2015 LSBA CLE DEPOSITIONS: FEST Swinging with the Masters of the Bench and Bar Friday, April 24, 2015•Sheraton New Orleans Hotel•500 Canal St. his year’s Jazz Fest CLE program focuses on the many aspects of achieving successful depositions. Respected members of the bench Tand experienced trial lawyers share their hard earned knowledge on the best strategies and techniques for preparing your client, defending the deponent, dealing with Lawyer Misconduct, Rule 30 (b)(6) and more! JAMES BROWN, seminar chair, coordinated this program to help lawyers of all skill levels obtain the best results for effective depositions. Young lawyer or seasoned veteran, plaintiff or defense counsel, this program will assist you in your pre-trial preparation and trial thereafter. Don’t miss this day of trial skills that will make you more effective in the courtroom. Earn a maximum of 6 hours of CLE credit, including the required 1 hour of professionalism! Register today at www.LSBA.org/CLE This program has been approved for a maximum of 6 hours of CLE credit, including 1 hour of professionalism.
Celebrate – 10 days of music, food, special events and fun! Save the dates for the largest music festival in the South! April 24 – May 3, 2015 The New Orleans Jazz and Heritage Festival is one of the most important music festivals in the world. The 10-day festival features artists from the worlds of jazz, rhythm and blues, gospel, Afro-Caribbean, Cajun, Latin, zydeco, rock Register early! To reserve seating and Jazz Fest tickets, registration and payment must be country/western and other musical genres vying for a chance to play for an received no later than March 30. Walk-in registrants are welcome. However, enthusiastic audience. The festival also features the best of Louisiana’s please note that Jazz Fest tickets will not be available for on-site registrants, as specialty foods from shrimp poboys to crawfish Monica to alligator sauce the tickets must be purchased in advance of the seminar. piquante. More than 90 varieties of Creole delicacies await you. Important Note: A link to the seminar materials will be emailed to you prior 2015 MUSIC LINEUP includes Elton John, the Who, Jimmy Buffett, No Doubt, to the seminar; we suggest you print the materials in advance and bring them Keith Urban, John Legend, Lady Gaga and Tony Bennett, Ed Sheeran, Wilco, with you. The link will be sent to the email address of record you provided to Ryan Adams, Pitbull, T.I, Chicago, Widespread Panic, Steve Winwood and the LSBA. If you choose to review the materials from your laptop, we strongly Buddy Guy just to mention a few. Enjoy the rich music of local favorites suggest you save to your desktop and charge your laptop battery, as electrical outlets may be limited. Internet access will not be available in the meeting room. Trombone Shorty, Allen Toussaint, Ivan Neville’s Dumpstaphunk with special guest Art Neville, Aaron Neville, Preservation Hall Jazz Band, Branford A printed manual can be purchased for an additional $40 and seminar materials Marsalis Quartet, Kermit Ruffins & the Barbecue Swingers, Marcia Ball, on a flash drive can be purchased for $25. Be sure to make your selection by Rebirth Brass Band, Irma Thomas, The Dirty Dozen Brass Band, Irvin Mayfield checking the appropriate box on the Registration Form. & the New Orleans Jazz Orchestra, and more… Registration Fees, Cancellations and Refunds To find out about scheduled performances visit www.nojazzfest.com After March 30 & On-Site...... $345 (Jazz Fest Tickets NOT included)
Register Online at www.lsba.org/cle 478 April / May 2015 Young DEPOSITIONS: Lawyers Chair’s Message... Spotlight
organization could not function as well CHAIR’S MESSAGE as it does without Kelly and the staff. On behalf of the YLD Council and the entire My 31,556,926 Seconds as Chair YLD, my sincerest appreciation to Kelly and the LSBA staff. By J. Lee Hoffoss, Jr. Last, but surely not least, is my thanks to my wife, Corlissa, and our three children for putting up with my absence due to One year. 12 do not have enough volunteers for various travel, meetings and conferences. I have months. 52 weeks. service projects. Your service to the Bar as been on the YLD Council and in leadership 365 days. 8,766 a whole is truly commendable. positions for five years, and not once has hours. 525,949 Second, my thanks to the YLD Council. Corlissa expressed frustration about me minutes. 31,556,926 Each and every member of the council has having to attend a meeting, take a phone seconds. No matter volunteered for the position he/she holds. call, or take time away from the family how you measure These council members do not get paid. to attend a YLD or LSBA function. She it, the time is the They voluntarily serve the Division and has always been supportive. To Corlissa, same. And now, my the Bar as a whole. They travel all over J. Lee Hoffoss, Jr. Sydney, Gray and Max, my love to you 31,556,926 seconds the state to meetings, service projects and and appreciation for your patience. as chair of the Young other events — oftentimes away from As the baton passes to Erin Braud, Lawyers Division (YLD) are coming to a their families and work. To the members Scotty Chabert, Bradley Tate and the new close. But, while I may be saying so long of the council, my heartfelt thanks go out Council members for their 31,556,926 as chair, this is not goodbye. to each of you. seconds, the greatest advice I can give is First, I want to thank the Young Lawyers Third, I want to thank Louisiana State to trust your instincts. Stick to your guns. Division as a whole. Leading this great Bar Association (LSBA) Communications Do not abandon what you believe is right Division has been a great pleasure indeed. Director Kelly Ponder and the LSBA staff and you will continue to have success. At times, it has been challenging. But, for who assist the Young Lawyers Division. No It has truly been a pleasure serving as the most part, the job has been fairly easy. one except those of us in leadership realize your chair. I thank you for giving me this Why? Because the members of the Division all the work Kelly and the LSBA staff do for great opportunity and look forward to make it that way. The entire Division has the YLD. Communication, organization, seeing each of you for the next 31,556,926. always come to serve in so many ways. scheduling and budgeting are just some of Rarely do we have a situation where we the remarkable tasks they do for us. Our
Young Lawyers Division News
Get the latest Young Lawyers Division
Y news online L Go to: www.lsba.org/YLD D The Young Lawyers Division Web site is a public service of the LSBA-YLD Council, providing YLD information to the public and communicating with YLD members.
Louisiana Bar Journal Vol. 62, No. 6 479 Lyon, France. Once back in the states, he Association’s Young Lawyers Section and Young Lawyers received his JD degree in 2009. After law serves on the SWLA Law Center’s board Spotlight school graduation, he began a clerkship in of directors. He also serves as chair of the 14th Judicial District Court, gaining the annual Young Lawyers Section’s golf Adam P. Johnson valuable experience working with Hon. tournament, which benefits the Holiday Lake Charles Ronald F. Ware and Hon. Robert L. Wyatt. Helping Hands program — a program Johnson is currently an associate at the created by the SWLA Young Lawyers The Louisiana Lake Charles firm of Johnson & Vercher, Section which provided Christmas gifts State Bar Association L.L.C., focusing his practice primarily to more than 200 children in Calcasieu (LSBA) Young on criminal law and personal injury law. and Cameron parishes last year. Lawyers Division He chose to enter the legal field based He is a member of the SWLA is spotlighting Lake on a strong desire to serve others. He Association of Criminal Defense Lawyers, Charles attorney has a passion for the courtroom and a the SWLA Bar Association and the Adam P. Johnson. will to represent the interests of those American Bar Association. He recently Born and raised who are in need of restitution, recovery was selected as one of the top criminal in Moss Bluff, La., or exoneration. defense lawyers by Acadiana Magazine. Johnson graduated Adam P. Johnson He was a member of the Louisiana In his community, he is a member of from Sam Houston State Bar Association’s (LSBA) 2013 Trinity Baptist Church. He is involved in High School in 2002. He received a BS Leadership LSBA Class and currently mission work and will return to Suriname degree in business management in 2006 serves as co-chair for the 2014 leadership to continue that work in December. from Louisiana State University. After class. He will begin his term as the LSBA He is married to Ashley Leonards of undergraduate school, he pursued his Young Lawyers Division Council’s 4th Roberts Cove, La., and they are the parents law degree at Southern University Law District representative in June. of one child. Center. In the summer of 2007, he studied Johnson is a former president of abroad at the Université Jean Moulin II in the Southwest Louisiana (SWLA) Bar
You Know the Though we started as a simple accounting firm and became an important resource to letter of the law— many of the area’s top companies, we have also become a valuable asset to top law firms by adding specialized litigation support including financial damage analysis, discovery
we Know assistance, business valuations and commercial litigation. To add even more opportunity the numbers. to serve our clients, we also offer expert testimony, class action administration and even
forensic accounting. Although superior service isn’t required by law, to our professionals
it may as well be. Call today and see first hand what we can offer to you and your clients.
bourgeoisbennett.com
New Orleans 504.831.4949 | North Shore 985.246.3022 | Houma 985.868.0139 | Thibodaux 985.447.5243
480 April / May 2015 Louisiana Center for
LouisianaCENTER FOR LCLCE Law & C ivicEducation LAW & CIVIC EDUCATION We The People
The team from Haynes Academy for Advanced Studies in Metairie won the state “We the People” finals and will represent Louisiana in the national competition. With the team members are State Rep. Patricia H. Smith and team teacher Chris Totaro. Metairie School Wins “We the People” State Finals he team from Haynes Academy this program successful is the design of educator Supt. Darryl C. Kilbert (Ret.), for Advanced Studies in its instructional program, including its Orleans Parish Public Schools; attorney Metairie won the state finals innovative culminating activity, the Heather L. Landry; attorney Nahum D. in the “We the People: The simulated congressional hearing, in Laventhal; WTP alumni Philip Lundy and CitizenT and the Constitution” competition which students “testify” before a panel Sabrine Mohamed; teacher Carla Powell; in Baton Rouge. The team, led by of judges. At the state-level competition, WTP alumnus Charles P. Regnard; attorney teacher Chris Totaro, now will represent students demonstrate their knowledge and educator Alice M. Snee; attorney and Louisiana in the national competition in and understanding of constitutional educator Shirley A. Snyder; and retired Washington, D.C. principles and have opportunities to teacher and former LCLCE board member Also competing in the state finals were evaluate, take and defend positions on Betty W. Wilkerson. teams from Helen Cox High School, relevant historical and contemporary Also attending the state finals were John Ehret High School and Glenbrook issues. guest speaker Louisiana State Rep. School. “We the People” (WTP) team The panel of judges consisted of Patricia Haynes Smith, District 67; WTP teachers Matthew Edwards, Jonetta educators, attorneys and WTP team District Coordinators Michelle Molina, Jackson, Bradley Kiff and Totaro are to alumni, including attorney and WTP Robert Rome and Jamie Staub; Carl be commended for bringing their students alumna Heather W. Angelico; Louisiana Dermady, Jr., M.Ed., Jefferson Parish to this level of academic achievement. WTP alumni representative Tyler Barker; social studies consultant (Ret.); R. Ryan WTP is one of the programs that the teacher Donald H. Broussard, Jr.; attorney Martin, Lafayette Parish School System Louisiana Center for Law and Civic and educator Belinda M. Cambre, JD, social studies academic specialist; and Education (LCLCE) utilizes to promote PhD; teacher Alicia N. Fergerson; teacher Sandra Newsome, Jefferson Parish Schools civic competence and responsibility Camile Gautreaux; attorney Lauren E. support specialist. among Louisiana’s students. What makes Godshall; attorney Jack P. Harrison;
Louisiana Bar Journal Vol. 62, No. 6 481 JUDICIAL Notes By David Rigamer, Louisiana Supreme Court New JudgeS... In Memoriam
New Judges Pascal F. Calogero, Jr. From 2008 until her and legal advisor for the St. Mary Parish election to the bench, she practiced law in School Board. Judge Sigur is married to Charles G. Tutt Shreveport. She served in several leader- Michele F. Sigur and they have three chil- was elected as judge ship posts for the Shreveport Bar Associa- dren and five grandchildren. of the 1st Judicial tion’s Young Lawyers Section, including as Christopher J. District Court, Divi- 2012 president. Judge Garrett and her hus- Boudreaux was sion C, Section 2. band Greg are the parents of two children. elected as judge, Divi- He earned his under- Lala B. Sylves- sion D, 17th Judicial graduate degree from ter was elected as District Court, La- Louisiana State Uni- judge of Division B, fourche Parish. He re- versity-Shreveport 10th Judicial District ceived his BS degree and his JD degree in Charles G. Tutt Court. She earned her in 1982 from Louisi- 1975 from Louisiana BS degree in 1982 ana State University State University Law School. He began from Northwestern and his JD degree in Christopher J. his legal career with a one-year clerkship State University and 1986 from LSU Paul Boudreaux at the Louisiana 2nd Circuit Court of Ap- her JD degree with M. Hebert Law Cen- peal before joining Cook, Yancey, King & honors in 1987 from Lala B. Sylvester ter. Following law school, he served as law Galloway, A.P.L.C., in Shreveport, where Southern University clerk for Judge Walter I. Lanier, Jr. and he practiced until 1995. He then began a Law Center. A 20-year partner in Brittain & Judge J. Louis Watkins, Jr. at the 1st Circuit solo practice which became Tutt, Stroud, Sylvester, L.L.P., in Natchitoches, she also Court of Appeal before entering private Bordelon & McKay, L.L.C. In 2010, he served as an assistant district attorney for practice. In 1998, he began serving as a became the director of legal affairs of the Natchitoches Parish from 2006-14. Judge Lafourche Parish assistant public defender, Caddo-Bossier Parishes Port Commission. Sylvester is married to Russell L. Sylvester becoming chief indigent defender in 2007. He has served as chair of the Shreveport and they are the parents of four children. He served in that capacity and in his private Bar Association’s Pro Bono Project board Curtis Sigur was practice in Thibodaux until his election to and on the Executive Committee of the elected as judge of the bench. Judge Boudreaux and his wife Shreveport Bar Association. He served Division G, 16th Ju- Jill are the parents of one child. on the Complex Litigation Committee of dicial District Court. Kathryn E. (Bet- the Louisiana Supreme Court’s Judicial He received his BA sy) Jones was elected Council and on the board of directors of degree, cum laude, as judge of Divi- the Louisiana Association of Business and in 1979 from the sion A, 20th Judicial Industry. Judge Tutt is married to Amo University of South- District Court. She Johnson Tutt and they are the parents of western Louisiana received her bach- two children. and his JD degree in Curtis Sigur elor and JD degrees Erin Leigh Wad- 1984 from Southern in 1987 and 1993, dell Garrett was University Law Center, where he was a respectively, from elected as judge of member of the Moot Court Board and was Louisiana State Uni- Kathryn E. Jones Division K, 1st Ju- executive editor of the Law Review from versity and the LSU dicial District Court, 1983-84. He was recognized for Best Ap- Paul M. Hebert Law Center. She was the Caddo Parish. She pellate Brief and was listed in “Who’s Who administrative assistant for correspon- earned her BA degree Among American Law Students” (1982- dence for Gov. Buddy Roemer from 1988- in 2002 from Louisi- 84). From 1990-91, he was a staff attorney 90. She served the 20th JDC as a law clerk ana Tech University for the Public Defenders’ Office, before be- from 1993-94. In 2002-10, she was the at- and her JD degree, Erin Leigh Waddell ing appointed to the Public Defender Board torney for the town of Clinton. From 2003 cum laude, in 2006 Garrett and serving from 1993-95. From 1995 until until her election to the bench, she was an from Southern University Law Center. his election to the bench, he worked for the assistant district attorney for the 20th JDC. From 2006-07, she served as law clerk for St. Mary Parish District Attorney’s Office, Judge Jones is married to Donald M. Cail- Louisiana Supreme Court Chief Justice where he was senior Drug Court attorney lier and they have one child.
482 April / May 2015 D. Jason Meche began his law practice with Young & Bur- University Law Cen- was elected as judge son in Eunice, becoming a partner in 1984. ter. She was featured of Division D, 27th He was a partner in Young, Hoychick & in the “Who’s Who Judicial District Aguillard, L.L.P., from 1987-2005. From Among American Court. He earned his 2005-08, he was with Hoychick & Aguil- Law Students,” 22nd BA degree in 1996 lard, L.L.P. From 2008 until his election to edition. She was a from Northwestern the bench, he worked as a sole practitioner. law clerk in the 21st State University and Judge Hoychick and his wife Angela are Judicial District Court his JD degree in 1999 the parents of four children. from 2004-05 before D. Jason Meche from Louisiana State John J. Lee, Jr. entering private prac- Aisha S. Clark University Paul M. Hebert Law Center. was elected as judge tice with Tucker & He has 15 years of private practice experi- of Division B, 1st Associates, A.P.L.C., in Hammond. She ence and served as law clerk to 27th JDC Parish Court, Jeffer- served as an assistant district attorney in Judge Donald W. Hebert. He is a member son Parish. He earned Orleans Parish from 2005-06. From May of the St. Landry Bar Association where he his undergraduate de- 2007 until her election to the bench, she served as president and secretary-treasurer. gree in 1972 from the served as an assistant city attorney for the Judge Meche is married to Christina Shoe- University of New city of Monroe and as an Environmental maker-Meche and they are the parents of Orleans and his JD Court administrative law judge. one child. degree in 1975 from John J. Lee, Jr. Nakisha Ervin- Louisiana State Uni- Deaths Knott was elected versity Law School. He entered private as judge of Section practice with the firm of Mollere, Flanagan ► Retired 22nd Judicial District Court D, Orleans Parish & Arceneaux from 1980-99. He served as Judge Andy Clayton James, 82, died Dec. Civil District Court. assistant district attorney in both the 24th 27, 2014. A U.S. Army veteran, he served She earned her BA Judicial District Court and 1st Parish as a field artillery officer from 1955-57. degree, cum laude, Court. He has served as a member of the After his military service, he received his in 1995 from Xavier Louisiana State Bar Association’s House law degree in 1960 from Louisiana State University and her of Delegates for more than 20 years and as University Law School and entered the JD degree in 1998 Nakisha Ervin-Knott president of the Jefferson Bar Association. practice of law, eventually becoming a se- from Southern Uni- Judge Lee has been married to Patricia nior partner in the firm of James, Knight versity Law Center. From 1999-2000, she Fitzgerald Lee for 35 years and they have & Brumfield in Franklinton. He was elect- served as law clerk for Judge Terri F. Love five children and six grandchildren. ed to the bench in 1979 and served three at Orleans Parish Civil District Court. F. Stanton Hard- terms before his retirement in 1996. After From 2000 until her election to the bench, ee III was elected as his retirement, Judge James sat ad hoc on she was in the private practice of law, judge of Kaplan City the 1st Circuit Court of Appeal. He was in- most recently as a member of Gainsburgh, Court. Judge Hardee strumental in forming the CASA program Benjamin, David, Meunier & Warshauer, earned his BS degree in Washington Parish. L.L.C., in New Orleans. She serves as an in 1996 from the U.S. ► Retired 5th Circuit Court of Appeal Executive Board member for the John C. Military Academy, Judge Thomas F. Daley, 61, died Jan. 31. Boutall American Inn of Court. In 2014, West Point, NY, and A New Jersey native and graduate of Rut- she was named a New Orleans CityBusi- his JD degree in 2005 gers College, he moved to New Orleans ness Leader in Law. Judge Ervin-Knott is from Southern Uni- F. Stanton Hardee III to attend Loyola University Law School. married to Steven Knott and they are the versity Law Center. Shortly after graduation, he began his ca- parents of two children. He served as a law clerk and then as as- reer of public service, working as an assis- M. Terrance sistant attorney general at the Louisiana tant district attorney for St. John the Baptist Hoychick was elect- Department of Justice from 2004-08. He Parish from 1984-89. He was elected to the ed as judge of Eunice then served as assistant district attorney for 40th Judicial District Court in 1991, where City Court. He earned Caddo, St. Mary, St. Martin and Vermilion he twice served as chief judge. In 1996, he his BA degree in 1974 parishes. In 2013, he was named Prosecu- was elected to the 5th Circuit Court of Ap- from the Univer- tor of the Year by the Louisiana Narcotics peal, where he served until his election as sity of Southwestern Association. St. John the Baptist Parish district attorney Louisiana and his JD Aisha S. Clark was elected as judge in 2008. Judge Daley was the 2007 recipi- degree in 1978 from of Division C, Monroe City Court. Judge ent of the Louisiana Bar Foundation’s Dis- Louisiana State Uni- M. Terrance Clark received a dual BA degree in political tinguished Jurist Award. He was a member versity Paul M. He- Hoychick science and mass communications in 2000 of the Louisiana Judicial College and the Su- bert Law Center. He and her JD degree in 2004 from Southern preme Court Committee on Judicial Ethics.
Louisiana Bar Journal Vol. 62, No. 6 483 People LAWYERS ON THE MOVE . . . NEWSMAKERS
Houston, Texas, office. Faircloth, Melton & Keiser, L.L.C., in Alex- LAWYERS ON andria announces that Franklin A. (Drew) THE MOVE Chaffe McCall, L.L.P., announces that Hoffmann and Brook Landry Thibodeaux Anthony P. (Tony) Dunbar has joined the have joined the firm as associates. Baker, Donelson, Bearman, Caldwell & firm’s New Orleans office as a partner. Berkowitz, P.C., announces that Kerry Frilot, L.L.C., in New Orleans announces J. Miller and Paul C. Thibodeaux have Coats, Rose, Yale, Ryman & Lee, P.C., that Elizabeth H. Emmett has joined the joined the firm’s New Orleans office as announces that Daniel Lund III has firm as of counsel, and Kelsey A. Eagan shareholders, Anne E. Raymond has joined been elected as a director in the firm’s and Blakeley R. Simpson have joined the the New Orleans office as of counsel, and New Orleans office. Also,Shailendra U. firm as associates. Daniel J. Dysart, James R. Parish and (Shay) Kulkarni, Tamara J. Lindsay and Elizabeth A. Rutledge have joined the Gillian B. (GiGi) Gibbs have joined the Gieger, Laborde & Laperouse, L.L.C., an- New Orleans office as associates. Also, firm’s New Orleans office as associates. nounces that Tara E. Clement and Emily Phyllis G. Cancienne has been named E. Eagan have been elected members in Cowan & Lemmon, L.L.P., in New Orleans managing shareholder of the firm’s Baton the firm’s New Orleans office. Also,David announces that John K. Richards has Rouge office. M. Schroeter has joined the New Orleans joined the firm as an associate. office as an associate. Baldwin Haspel Burke & Mayer, L.L.C., Domengeaux Wright Roy & Edwards, in New Orleans announces that Matthew Jackson & McPherson, L.L.C., in New L.L.C., in Lafayette has changed its name P. Miller has been promoted to partner in Orleans announces that Mark B. Badan- to Domengeaux Wright Roy Edwards & the firm andLarry E. Mobley has joined owski has joined the firm as an associate. Colomb, L.L.C. Brian C. Colomb has the firm as of counsel. been named a partner. Mayhall Fondren Blaize announces that Blank Rome, L.L.P., announces that Jer- Andrea K. Tettleton and Margaret G. Erlingson Banks, P.L.L.C., in Baton Rouge emy A. Herschaft was elected to partner- Patton have been named to the partnership announces that Lee J. Ledet has joined the ship in the firm. He practices in the firm’s in the Baton Rouge office. firm as an associate.
Richard J. Arsenault Tara E. Clement Brian C. Colomb Kaye N. Courington Alexander J. Douglas Emily E. Eagan
Kelsey A. Eagan Elizabeth H. Samuel J. Ford Gillian B. Gibbs Stephen D. Hébert Rebecca Fenton Emmett Henderson
484 April / May 2015 McGlinchey Stafford, P.L.L.C., announces Taylor, Porter, Brooks & Phillips, L.L.P., IN MEMORIAM that Christopher S. Nichols has joined the in Baton Rouge announces that John M. IN MEMORIAM firm’s Baton Rouge office as an associate. Parker, Jr. and L. Adam Thames have B. Frank Davis, become partners in the firm. 66, officer of the Sessions, Fishman, Nathan & Israel, firm of Bernard, L.L.C., announces that Alexander J. NEWSMAKERSNEWSMAKERS Cassisa, Elliott & Douglas and Samuel J. Ford have joined Davis, A.P.L.C. (of- the firm’s Metairie office as associates. Richard J. Arsenault, a partner in the fices in Metairie and Alexandria firm of Neblett, Beard & Covington) died on Sher Garner Cahill Richter Klein & Hilbert, Arsenault, was selected by the National Jan. 1. He received L.L.C., in New Orleans announces that Trial Lawyers as the 2014 Trial Lawyer his BA degree, with Matthew M. Coman has joined the firm of the Year finalist. distinction, in 1971 B. Frank Davis as special counsel. from the University Christopher D. Granger, an associate in of Virginia and his JD degree in 1974 Tom D. Snyder, Jr. and Rebecca Fenton the Lafayette firm of Becker & Hebert, has Henderson announce the formation of from Tulane University Law School. He been appointed as the town attorney for the was admitted to practice in Louisiana in their new firm, Snyder & Henderson, Town of Sunset and as the attorney for the L.L.C., located at Ste. C, 222 Vermont 1974 and in Colorado in 1993. He was a St. Landry Parish Water Works District II clerk for the Louisiana Supreme Court in Ave., Covington, LA 70433; phone Water Board. (985)892-1180. 1975 and 1978. He was a member of the Louisiana Association of Defense Coun- Betty A. Raglin, an attorney with Sigler & Staines & Eppling in Metairie announces sel, the Claims & Litigation Management Raglin, A.P.L.L.C., in Lake Charles, was Alliance (CLM), the Greater Covington that Sara P. Scurlock and Jason R. Ken- elected to membership in the American ney have become shareholders and James Bar Association and the St. Tammany Bar College of Trust and Estate Counsel at the Association (president in 1993). He also A. Crouch, Jr. has joined the firm as an 2014 annual meeting. associate. served as judge ad hoc in 1st City Court (1992) and was on the Hearing Commit- Steeg Law Firm, L.L.C., in New Orleans Jennifer I. Tintenfass, an associate at tee of the Louisiana Attorney Disciplin- announces that Elise M. Henry has joined Steeg Law Firm, L.L.C., in New Orleans, ary Board from 2004-09. Mr. Davis is the firm as an associate. was selected for inclusion in Real Estate survived by his wife, Kathryn McLeod Forum’s “Tomorrow’s Leaders: South- Davis, two children, three grandchildren Stone Pigman Walther Wittmann, L.L.C., west” for 2015. and his sister. announces that Matthew S. Almon has been elected as a member in the firm’s New Orleans office. Continued next page
Elise M. Henry Jeremy A. Herschaft Franklin A. Shailendra U. Lee J. Ledet Tamara J. Lindsay Hoffmann Kulkarni
Daniel Lund III Ryan M. McCabe Matthew P. Miller Larry E. Mobley Edward L. Moreno John M. Parker, Jr.
Louisiana Bar Journal Vol. 62, No. 6 485 PUBLICATIONS Hayden, William H. Howard III, Benjamin Howell Crosby, Alan R. Davis, Adelaida PUBLICATIONS West Janke, Errol J. King, Jr., Kenneth J. Ferchmin, Robert B. Fisher, Thomas D. The Best Lawyers in America 2015 M. Klemm, Amelia Williams Koch, Kent Forbes, Edward N. George III, William Neblett, Beard & Arsenault (Alexan- A. Lambert, M. Levy Leatherman, Jon F. F. Grace, Jr., Douglas L. Grundmeyer, J. dria): Richard J. Arsenault. Leyens, Jr., Alexander M. McIntyre, Jr., Dwight LeBlanc, Jr., Julie D. Livaudais, Jennifer B. McNamara, Mark W. Mercante, Joseph B. Marino III, Corinne A. Morrison, Louisiana Super Lawyers 2015 Christopher G. Morris, William N. Norton, Sarah Voorhies Myers, John F. Olinde, Adams and Reese, L.L.P. (Baton Erin E. Pelleteri, Kathlyn G. Perez, David Robert S. Rooth, G. Phillip Shuler III, Brent Rouge, New Orleans): Mark R. Beebe, C. Rieveschl, James H. Roussel, Danny A. Talbot and Derek A. Walker. Robin B. Cheatham, Scott R. Cheatham, G. Shaw, Danielle L. Trostorff, Tyler L. Courington, Kiefer & Sommers, L.L.C. O. Ray Cornelius, Kathleen F. Drew, John Weidlich, Paul S. West, Matthew A. Woolf (New Orleans): Kaye N. Courington. M. Duck, Brooke Duncan III, Philip A. and Adam B. Zuckerman. Stephen D. Hébert, L.L.C. (New Franco, A. Kirk Gasperecz, William B. Baldwin Haspel Burke & Mayer, Orleans): Stephen D. Hébert. Gaudet, Charles F. Gay, Jr., Christopher L.L.C. (New Orleans): David L. Carrigee, King, Krebs & Jurgens, P.L.L.C. J. Kane, Louis C. LaCour, Jr., Edwin C. Brodie G. Glenn, Joel A. Mendler, Mat- (New Orleans): J. Grant Coleman, Henry Laizer, Leslie A. Lanusse, Scott M. Levy, thew P. Miller, Jerome J. Reso, Jr., Leon A. King, Patricia A. Krebs and Douglas Donald C. Massey, Don S. McKinney, H. Rittenberg, Jr., Leon H. Rittenberg P. Matthews. Patricia B. McMurray, Robert B. Nolan, III, John A. Rouchell, Stephen P. Schott, Lugenbuhl, Wheaton, Peck, Rankin Glen M. Pilié, Jeffrey E. Richardson, Eliza- William B. Schwartz, Scott L. Sternberg, & Hubbard (New Orleans): Joseph P. beth A. Roussel, E. Paige Sensenbrenner, Andrew T. Sullivan, Matthew A. Treuting Briggett, Joseph P. Guichet, Brad E. Har- Ronald J. Sholes, Mark J. Spansel, Martin and Paul N. Vance. rigan, Ralph S. Hubbard III, Benjamin W. A. Stern, Mark C. Surprenant, Janis van Barrasso Usdin Kupperman Free- Kadden, Rose McCabe LeBreton, Stewart Meerveld and Raymond P. Ward. man & Sarver, L.L.C. (New Orleans): F. Peck, Seth A. Schmeeckle, David B. Baker, Donelson, Bearman, Caldwell Judy Y. Barrasso, Kristin L. Beckman, Sharpe, Miles C. Thomas and Scott R. & Berkowitz, P.C. (Baton Rouge, Man- Jamie L. Berger, Celeste R. Coco-Ewing, Wheaton, Jr. deville, New Orleans): Edward H. Arnold George C. Freeman III, Craig R. Isenberg, McGlinchey Stafford, P.L.L.C. III, Alton E. Bayard III, Gregory E. Bodin, John W. Joyce, Stephen H. Kupperman, (Baton Rouge, New Orleans): Rudy J. Quin H. Breland IV, Craig L. Caesar, Stephen L. Miles, H. Minor Pipes III, Aguilar, Jr., Stephen P. Beiser, Jaye A. Phyllis G. Cancienne, Roy C. Cheatwood, Andrea Mahady Price, Michelle M. Calhoun, Lauren E. Campisi, Rudy J. Stephen F. Chiccarelli, Robert C. Clotwor- Rutherford, Richard E. Sarver, Jamaal W. Cerone, Katherine Conklin, Gabriel A. thy, Christopher O. Davis, Nancy Scott Stafford and Steven W. Usdin. Crowson, Richard A. Curry, Larry Feld- Degan, Katie L. Dysart, Matthew R. Em- Chaffe McCall, L.L.P. (New Orleans): man, Jr., Michael D. Ferachi, R. Marshall mons, Sean L. Finan, Donna D. Fraiche, Walter F. Becker, Jr., G. Wogan Bernard, Grodner, Mary Terrell Joseph, Bennet Mark W. Frilot, Monica A. Frois, Steven F. H. Michael Bush, Katharine R. Colletta, E. S. Koren, Christine Lipsey, Kathleen A. Griffith, Jr., Christopher M. Hannan, Jan M.
Margaret G. Patton John W. Redmann John K. Richards David M. Schroeter Blakeley R. Simpson Tom D. Snyder, Jr.
Robert M. Steeg Charles L. Stern, Jr. Andrea K. Tettleton L. Adam Thames Brook Landry Jennifer I. Thibodeaux Tintenfass
486 April / May 2015 Manning, Deirdre C. McGlinchey, Colvin taker, Rachel W. Wisdom and Phillip A. G. Norwood, Jr., Anthony J. Rollo, Jr., Wittmann. People Deadlines Michael H. Rubin, Stephen P. Strohschein, Dan E. West, Kenneth A. Weiss and Gerard New Orleans CityBusiness and Notes E. Wimberly, Jr. Courington, Kiefer & Sommers, Montgomery Barnett, L.L.P. (New L.L.C. (New Orleans): Kaye N. Cour- Deadlines for submitting People Orleans): Ashley L. Belleau, Philip S. ington, 2015 Leadership in Law. announcements (and photos): Brooks, Jr., A. Gordon Grant, Jr., Harvey Steeg Law Firm, L.L.C. (New Or- C. Koch, Jr., Patrick E. O’Keefe, John Y. leans): Ryan M. McCabe, 2015 Leader- Publication Deadline Pearce, Joseph P. Tynan and Stephen L. ship in Law. Aug./Sept. 2015 June 4, 2015 Williamson. Law Office of John W. Redmann, New Orleans Magazine Top Lawyers Oct./Nov. 2015 Aug. 4, 2015 L.L.C. (Gretna): John W. Redmann and 2014 Dec. 2015/Jan. 2016 Oct. 2, 2015 Edward L. Moreno. Stone Pigman Walther Wittmann, Steeg Law Firm, L.L.C. (New Or- L.L.C. (New Orleans): Hirschel T. Announcements are published leans): Robert M. Steeg, Charles L. Abbott, Jr., Barry W. Ashe, Carmelite M. free of charge for members of the Stern, Jr. and Ryan M. McCabe. Bertaut, Stephen G. Bullock, Joseph L. Louisiana State Bar Association. Stone Pigman Walther Wittmann, Caverly, John W. Colbert, Daria B. Diaz, Members may publish photos with L.L.C. (Baton Rouge, New Orleans): Mary L. Dumestre, James T. Dunne, Jr., their announcements at a cost of $50 Hirschel T. Abbott, Jr., Matthew S. Almon, John P. Farnsworth, Michael R. Fontham, per photo. Send announcements, Barry W. Ashe, Carmelite M. Bertaut, Ste- Samantha P. Griffin, James C. Gulotta, photos and photo payments (checks phen G. Bullock, Joseph L. Caverly, John Jr., Lesli D. Harris, Kathryn M. Knight, payable to Louisiana State Bar W. Colbert, James T. Dunne, Jr., Abigayle John M. Landis, Michael D. Landry, Association) to: C. Farris, Michael R. Fontham, James Wayne J. Lee, Justin P. Lemaire, Paul J. C. Gulotta, Jr., Lesli D. Harris, John M. Masinter, C. Lawrence Orlansky, Laura Publications Coordinator Landis, Wayne J. Lee, Justin P. Lemaire, Walker Plunkett, Michael R. Schneider, Darlene M. LaBranche Paul J. Masinter, W. Brett Mason, Heather Dana M. Shelton, Susan G. Talley, Peter Louisiana Bar Journal Begneaud McGowan, Michael W. McKay, M. Thomson, Brooke C. Tigchelaar, 601 St. Charles Ave. C. Lawrence Orlansky, Laura Walker William D. Treeby, Michael Q. Walshe, New Orleans, LA 70130-3404 Plunkett, Michael R. Schneider, Susan Jr., Nicholas J. Wehlen, Scott T. Whittaker, G. Talley, Peter M. Thomson, Brooke C. Rachel W. Wisdom, Phillip A. Wittmann or email Tigchelaar, William D. Treeby, Daniel J. and Paul L. Zimmering. [email protected] Walter, Nicholas J. Wehlen, Scott T. Whit- SOLACE: Support of Lawyers/Legal Personnel — All Concern Encouraged The Louisiana State Bar Association/Louisiana Bar Foundation’s Community Action Committee supports the SOLACE program. Through the program, the state’s legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury, or other catastrophic event. For assistance, contact a coordinator. Area Coordinator Contact Info Area Coordinator Contact Info Alexandria Area Richard J. Arsenault (318)487-9874 Monroe Area John C. Roa (318)387-2422 [email protected] Cell (318)452-5700 [email protected] Baton Rouge Area Ann K. Gregorie (225)214-5563 Natchitoches Area Peyton Cunningham, Jr. (318)352-6314 [email protected] [email protected] Cell (318)332-7294 Covington/ Suzanne E. Bayle (504)524-3781 New Orleans Area Helena N. Henderson (504)525-7453 Mandeville Area [email protected] [email protected] Denham Springs Area Mary E. Heck Barrios (225)664-9508 Opelousas/Ville Platte/ John L. Olivier (337)662-5242 [email protected] Sunset Area [email protected] (337)942-9836 (337)232-0874 Houma/Thibodaux Area Danna Schwab (985)868-1342 [email protected] River Parishes Area Judge Jude G. Gravois (225)265-3923 [email protected] (225)265-9828 Jefferson Parish Area Pat M. Franz (504)455-1986 Cell (225)270-7705 [email protected] Shreveport Area M’Lissa Peters (318)222-3643 Lafayette Area Josette Abshire (337)237-4700 [email protected] [email protected] Lake Charles Area Melissa A. St. Mary (337)942-1900 [email protected] For more information, go to: www.lsba.org/goto/solace.
Louisiana Bar Journal Vol. 62, No. 6 487 News Boards... local bars... lbf
Update Pro Bono Project Announces Officers, Francis Receives 2015 St. Ives Award Board Members Carole Cukell Neff, an attorney in the New Norman C. in the U.S. Army — to begin his ad- Orleans office of Sessions, Fishman, Nathan Francis, president ministrative career as dean of men. As & Israel, L.L.C., will serve as 2015 chair of of Xavier Univer- Xavier’s dean of men in the late 1950s, The Pro Bono Project in New Orleans. sity and the first Francis played a key role in the decision Joining her as officers will be Norman Ru- African-American to provide housing in a Xavier dormi- benstein, Zeughauser Group, first vice chair; student to graduate tory to “Freedom Riders” who had been Christopher K. Ralston, Phelps Dunbar, L.L.P., from Loyola Uni- attacked on an anti-segregation bus ride second vice chair; Caroline McSherry (Sherry) versity College of through the South. Dolan, Baker, Donelson, Bearman, Caldwell Law, received the Since Francis’ appointment as the & Berkowitz, P.C., treasurer; Wendy Hickok 2015 St. Ives Award, Norman C. Francis university’s first lay president in 1968, Robinson, Entergy, secretary; and Jan M. the highest honor Xavier has tripled its enrollment, broad- Hayden, Baker, Donelson, Bearman, Caldwell awarded by the Loyola University Col- ened its curriculum, expanded its cam- & Berkowitz, P.C., immediate past chair. lege of Law Alumni Association. pus and received national attention for Serving on the board are Mindy Brick- A 1952 graduate of Xavier Univer- its award-winning academic initiatives. man, Dominique R. Bright-Wheeler, Joseph sity, Francis returned to his alma ma- Francis announced he will retire in June E. Ching, P. Kevin Colomb, Sr., Michael B. ter in 1957 — after attending Loyola’s 2015. DePetrillo, Dana M. Douglas, Michelle Egan, College of Law and serving two years Patrick C. Fraizer, Ira J. Gonzalez, Chauntis T. Jenkins, Robert A. Kutcher, Steven J. Lane, Roxanne S. Newman and Michael T. Tusa Jr. Ex-officio board members are Christo- pher M. Short, Lindsey M. Ladouceur, J. Van Robichaux, Jr., Leopold Z. Sher and Project Executive Director Rachel Piercey.
The Louisiana State Bar Association’s (LSBA) Francophone Section donated $500 to the French Lafayette Bar Association (LBA) officers and Louisiana State Bar Association President Joseph L. program at Loyola University College of Law dur- (Larry) Shea, Jr., center, participated in the New Admittee reception and Opening of Court ceremony ing the LSBA’s Midyear Meeting in January. Sec- on Jan. 9. From left, Kyle L. Gideon, LBA president; Melissa L. Theriot, LBA secretary/treasurer; Shea; tion Chair Warren A. Perrin, left, presented the Danielle D. Cromwell, LBA president-elect; and Miles A. Matt, Lafayette Bar Foundation. check to College of Law Dean Maria Pábon Lopez.
488 April / May 2015 LOCAL / SPECIALTY BARS Louisiana Baton Rouge Bar Association’s 2015 Association of Officers, Board Installed Criminal Defense The Baton Rouge Bar Association’s Lawyers Installs (BRBA) 2015 officers and directors and the Young Lawyers Section’s officers and 2015-16 Board council members were installed during a The Louisiana Association of Crimi- Jan. 13 ceremony at the U.S. District Court nal Defense Lawyers (LACDL) installed for the Middle District of Louisiana. its 2015-16 officers and board of direc- Robert J. Burns, Jr. was sworn in as the tors during its quarterly board meeting 86th BRBA president by his father, Judge and annual membership meeting in De- Robert J. Burns, Sr. Burns is a partner in the cember 2014. law firm of Perry, Atkinson, Balhoff, Men- Robert J. Burns, Jr., left, was sworn in as the Officers serving one-year terms are gis, Burns & Ellis, L.L.C., and a managing 2015 president of the Baton Rouge Bar Asso- President T. Brett Brunson, 10th Judi- partner of Perry Dampf Dispute Solutions. ciation by his father, Judge Robert J. Burns, Sr., during the Jan. 13 installation ceremony. cial District defender, Natchitoches; Vice Joining Burns as 2015 officers are President Harold A. Murry, solo prac- Jeanne C. Comeaux, president-elect; Karli titioner, Alexandria; Secretary Kyla M. G. Johnson, treasurer; Linda Law Clark, Romanach, staff attorney, Baton Rouge secretary; and Darrel J. Papillion, immedi- Capital Conflict Office; and Treasurer ate past president. David M. Williams, trial attorney, Alex- The 2015 BRBA directors-at-large andria. are Shelton Dennis Blunt, Melissa M. Directors and members-at-large in- Cresson, Christopher K. Jones, Melanie stalled to serve a second three-year term Newkome Jones, Amy C. Lambert and are Second District Director Autumn David Abboud Thomas. A. Town, New Orleans; Sixth District The 2015 Young Lawyers Section of- Director Fred T. Crifasi, Baton Rouge; ficers and council members are Scott M. Member-at-Large Andre R. Belanger, Levy, chair; Kara B. Kantrow, chair-elect; Baton Rouge; Member-at-Large Der- Loren D. Shanklin, secretary; Laranda rick D. Carson, Vidalia; and Member- Moffett Walker, immediate past chair; and at-Large M. Richard Schroeder, New council members Francisca M. Comeaux, Orleans. Jordan L. Faircloth, Chelsea M. Gomez, Baton Rouge Bar Association (BRBA) Young Lawyers Section Chair Scott M. Levy lit the cer- Member-at-Large Kathryn A. Wid- Mackenzie Smith Ledet and Erin B. Sayes. emonial candle at the Jan. 28 Opening of Court, halm of Natchitoches was elected to her Memorial and New Member Ceremony. Photo first three-year term. by Susan Kelley.
Baton Rouge Bar Association Young Lawyers Section Chair Scott M. Levy, left, presented An- drea Knouse Tettleton, an associate with May- hall & Blaize, L.L.C., with the Judge Joseph Louisiana State Bar Association President Joseph L. (Larry) Shea, Jr., left, and Baton Rouge Bar As- Keogh Memorial Award during the Jan. 13 bar sociation President Robert J. Burns, Jr. participated in the Jan. 28 Opening of Court, Memorial and leaders’ installation ceremony. New Member Ceremony. Photo by Susan Kelley.
Louisiana Bar Journal Vol. 62, No. 6 489 LACDL Recognizes Legal Code of Professionals with 2014 Awards Professionalism The Louisiana Association of Criminal Defense Lawyers (LACDL) presented sev- ► My word is my bond. I will never eral legal professionals with 2014 awards intentionally mislead the court or other during the 29th annual Justice Albert Tate, counsel. I will not knowingly make Jr. Awards Banquet in December 2014. statements of fact or law that are untrue. The Justice Albert Tate, Jr. Award was ► I will clearly identify for other coun- presented to James H. Looney of Covington, sel changes I have made in documents executive director of the Louisiana Appellate submitted to me. Project. This is the LACDL’s most prestigious ► I will conduct myself with dignity, award for outstanding contributions to the civility, courtesy and a sense of fair Louisiana system of criminal justice and James H. Looney of Covington, left, executive play. dedication to the constitutional principles director of the Louisiana Appellate Project, re- ► I will not abuse or misuse the law, for which Justice Tate stood. ceived the Louisiana Association of Criminal its procedures or the participants in the Defense Lawyers’ Justice Albert Tate, Jr. Award judicial process. The Chief Justice Pascal F. Calogero, during the 29th annual Justice Albert Tate, Jr. Jr. Lifetime Achievement Award was Awards Banquet in December 2014. Presenting ► I will consult with other counsel presented to Louisiana 5th Circuit Court of the award is G. Paul Marx of Lafayette. whenever scheduling procedures are re- Appeal Judge Fredericka Homberg Wicker Louisiana. quired and will be cooperative in sched- of New Orleans for her work on behalf of The Sam Dalton Capital Defense uling discovery, hearings, the testimony criminal justice. Advocacy Award was presented to mitiga- of witnesses and in the handling of the The President’s Award was presented to tion specialist Scharlette Holdman of New entire course of any legal matter. Richard T. Simmons, Jr., managing partner Orleans. ► I will not file or oppose pleadings, of Hailey, McNamara, Hall, Larmann & The Professor Lucy McGough Juvenile conduct discovery or utilize any course Papale, L.L.P., in Metairie, for service to Justice Award was presented to Bryan Ste- of conduct for the purpose of undue de- the association. venson, founder and executive director of the lay or harassment of any other counsel The Trustee of Freedom Gideon Award Equal Justice Initiative in Montgomery, Ala. or party. I will allow counsel fair oppor- was presented to Judge Robert J. Burns of The 10:1 Blackstone Award was tunity to respond and will grant reason- New Orleans for his contributions to the presented to eight attorneys — Jason L. able requests for extensions of time. right to counsel and his concern for clients Chatagnier, Baton Rouge; Mary L. Harried, ► I will not engage in personal attacks and criminal justice. Shreveport; Jodi Edmonds LeJeune, Baton on other counsel or the court. I will sup- The Public Defender Gideon Award Rouge; Joshua O. Monroe, Lake Charles; port my profession’s efforts to enforce was presented to James T. (Jay) Dixon, Jr. Julian R. Murray, Jr., Metairie; Richard T. its disciplinary rules and will not make of Baton Rouge for his service as Louisiana Simmons, Jr., Metairie; Rickey K. Swift, unfounded allegations of unethical con- state public defender. Shreveport; and Kelly P. Tate, Mamou. The duct about other counsel. The Criminal Justice Act Panel At- award recognizes lawyers who implement ► I will not use the threat of sanctions torney Award was presented to William P. Blackstone’s ratio in the courtroom, remind- as a litigation tactic. (Billy) Gibbens, with the firm of Schonekas, ing judges, jurors and prosecutors that it is ► I will cooperate with counsel and the Evans, McGoey & McEachin, L.L.C., in “better that 10 guilty persons escape than court to reduce the cost of litigation and New Orleans and panel representative for that one innocent suffer.” will readily stipulate to all matters not the U.S. District Court, Eastern District of in dispute. ► I will be punctual in my communi- cation with clients, other counsel and the court, and in honoring scheduled appearances.
Following approval by the Louisiana State Bar Association House of Delegates and the Board of Governors at the Midyear Meeting, and approval by the Supreme Court of Louisiana on Jan. 10, 1992, the Code of Professionalism was adopted for the membership. The Code originated from the Professionalism and Quality of Life Committee. Todd S. Clemons, right, was sworn in as president of the Southwest Louisiana Bar Association by retired Judge Jack C. Watson. The swearing in ceremony was conducted during the bar’s New Admittee recep- tion. Also attending the event was Louisiana State Bar Association President Joseph L. (Larry) Shea, Jr.
490 April / May 2015 Louisiana Bar Foundation
President’s Message Interview of 2015-16 President H. Minor Pipes III
Interviewed by 2015-16 Secretary W. Michael Street
Street: Tell us about yourself and justice system would met and solely for the greater good. With your family. be unable to continue that in mind, I believe there is so much Pipes: I was born and raised in Houma, working in this area. more we all can do. I think it is part of La., where my father and grandfather were our professional obligation to give back attorneys. I was one of seven children. Street: Tell us to our community and to our profession as After high school, I attended college at about the LBF’s new a whole. In doing so, I think each lawyer Penn State University. After graduation, initiative, Louisiana has an obligation to support and perform I spent a couple of years in Washington, Campaign to Preserve some form of pro bono work. D.C., before I made my way back to Civil Legal Aid. Louisiana State University Paul M. Hebert Pipes: I think the H. Minor Pipes III Street: How can Louisiana lawyers Law Center. I am happily married to the Campaign is a very help the LBF? former Jill McKay of Baton Rouge and important concerted effort to continue the Pipes: I think the first and easiest we have three sons, Henry, 12, Charlie, educational campaign about the need to way is to become a Fellow. Support the 10, and George, 8. I practice law in New support civil legal aid and to develop and organization through both financial and Orleans as a founding member of the firm implement procedures to properly raise time contributions. By dedicating time Barrasso Usdin Kupperman Freeman & funds to support that system. and effort to help support civil legal aid Sarver, L.L.C. and its structure throughout this state, we Street: Why is the Campaign so can all make a difference. Street: How did you get involved with important? the Louisiana Bar Foundation (LBF)? Pipes: Although many people support Street: What are your goals and vision Pipes: As a young lawyer, I was the goals and missions of the Campaign, as president of the LBF? nominated to become a Fellow and without this educational component, Pipes: I would love to see us expand began attending the Fellows’ Breakfast many of our supporters may not be the membership of the LBF and continue at the Louisiana State Bar Association’s aware of the dire financial straits these to obtain the ongoing support of the many (LSBA) Annual Meeting/Summer organizations are under. And without members of the Bar and the judiciary who School. Through work with the LSBA, I a consolidated effort to raise funds to currently support the Bar Foundation. I got to know a number of the leaders in that support these causes, the chance of raising also hope to continue to put our Campaign organization, many of whom had close ties sufficient funds to make a difference is into place and address the long-term needs to the LBF. I was very impressed with the very limited. I believe that by making it is attempting to address. We are all amount of public service and give-back a concerted, across-the-board effort very fortunate to be able to practice law that was included at the LBF and the more that provides a consistent message and and to be able to earn a living through I got involved, the more I enjoyed what with documented goals and documented our profession and, through the LBF, our hard work could accomplish. priorities, there is a much better chance we have the ability to pay back for these for success. This is what the Campaign many great gifts. Street: What role does the LBF play provides. in promoting access to the justice system? Pipes: I think it is an irreplaceable cog Street: Are you satisfied with the Louisiana Bar Foundation in that entire system. As we all know, there response of Louisiana attorneys to the has been a constant attack on funding for call to perform pro bono work? Announces New Fellows civil legal justice at the national and state Pipes: Satisfied is a hard word. I The Louisiana Bar Foundation level for the last several years. If it were am always impressed with the number announces two new Fellows: not for the work of the LBF, I believe of people who will give up both time John C. Giglio, Jr...... Lafayette the large majority of those needing these and money for such important causes, services would simply go unassisted, and especially when that includes performing P. Craig Morrow, Jr...... Opelousas our grantees working in the civil legal pro bono work for people they’ve never Hon. H. Stephens Winters...... Monroe
Louisiana Bar Journal Vol. 62, No. 6 491 LBF Honors Award Recipients at Annual Dinner
he Louisiana Bar Foundation Distinguished western State University of Louisiana (LBF) recognized the Attorney Allen and her JD degree from Louisiana State 2014 Distinguished Jurist, University Paul M. Hebert Law Center, Distinguished Attorney, L. Smith, Jr. where she was a member of the Louisiana TDistinguished Professor and Calogero (posthumously) Law Review and Order of the Coif. Before Justice Award recipient during its 29th Allen L. Smith, joining the SULC faculty, she worked as Annual Fellows Gala May 1, held Jr. graduated from an administrative general counsel for the in conjunction with the fifth Annual Louisiana State Uni- Louisiana 1st Circuit Court of Appeal, as Assembly in New Orleans. versity’s School of a law clerk for 1st Circuit Judge Melvin Recognized were Distinguished Jurist Engineering and re- Allen L. Smith, Jr. A. Shortess and U.S. District Judge Frank John W. Greene, Distinguished Attorney ceived his JD degree J. Polozola, and practiced insurance and Allen L. Smith, Jr. (posthumously), from LSU Paul M. Hebert Law Center. He corporate defense law. Distinguished Professor Gail S. joined the firm of Plauché & Plauché in Stephenson and Calogero Justice Award 1964 and became a partner in 1967. Upon Calogero recipient Marta-Ann Schnabel. his retirement from partnership, he became general counsel for the Calcasieu Parish Justice Award, Distinguished Police Jury. He served as president of the Southwest Louisiana Bar Association and Marta-Ann Jurist John as president of the Louisiana Association Schnabel W. Greene of Defense Counsel. He was the recipient Marta-Ann Schna- Judge John of the Louisiana State Bar Association’s bel is a shareholder in W. Greene (Ret.) President’s Award, the LBF’s Curtis R. the New Orleans law received a BA Boisfontaine Trial Advocacy Award and firm of O’Bryon & Marta-Ann Schnabel degree in finance the Judge Albert Tate American Inns of Schnabel, P.L.C. She from Louisiana Court Professionalism Award. He was is a cum laude graduate of Loyola University State University and inducted into the LSU Law Center Hall John W. Greene College of Law, where she was a member his JD degree from of Fame in 1987. of the Law Review. She served as Louisiana LSU Paul M. Hebert State Bar Association (LSBA) secretary and Law Center. He worked as a law clerk Distinguished editor of the Louisiana Bar Journal from for the 1st Circuit Court of Appeal for 2001-03 and was the first woman to serve as two years and then operated a private Professor Gail S. Stephenson president of the LSBA. She currently chairs law practice before being elected judge, the LSBA’s Access to Justice Committee Division D, 22nd Judicial District Professor Gail S. Stephenson is direc- and the Access to Justice Policy Commit- Court (St. Tammany and Washington tee. She received the LSBA’s President’s parishes). He was re-elected three tor of legal analysis and writing at South- Award three times. She is a past president of times, serving from 1976-97. He was the New Orleans Bar Association. She has appointed judge ad hoc on the 1st and ern University Law Center (SULC) and served in the American Bar Association’s 5th Circuit Courts of Appeal and served Gail S. Stephenson House of Delegates and as a member of the as ad hoc judge by appointments from has been a full-time faculty member at ABA Standing Committee on Bar Activities the Louisiana Supreme Court. He and Services. She is a Fellow of the Loui- mediated cases for 10 years and is still SULC since 2004. She teaches legal analysis and writing and is the adviser siana Bar Foundation and a past recipient working as an arbitrator. He is serving of the LBF’s Hornblower Award. She is on the Judicial Campaign Oversight for the Southern University Law Review. Her scholarship is primarily in the areas of currently the president of the Louisiana As- Committee by appointment from the sociation of Defense Counsel and the chair Louisiana Supreme Court. He also culturally relevant teaching and Louisiana civil procedure. She was president of the of the Louisiana Supreme Court’s Judicial serves as independent counsel for the Campaign Oversight Committee. She is a Louisiana State Board of Medical Baton Rouge Bar Association in 2012 and president of the Baton Rouge Association past recipient of the Gillis Long Poverty Examiners. In 1981, Greene founded the Center Public Service Award and the David Youth Service Bureau, an organization of Women Attorneys in 1995. She has served as a consultant for the Louisiana A. Hamilton Lifetime Achievement Award that helps troubled and at-risk youth in for her work as an advocate for access to St. Tammany and Washington parishes. Notary Public Examination since 2008. She earned her BA degree from North- justice. She also heads the board of the non-profit Louisiana Civil Justice Center.
492 April / May 2015 Classified ads ONLINE at www.lsba.org CLASSIFIED NOTICES Curry & Friend, P.L.C., a growing New Standard classified advertising in our regu- POSITIONS OFFERED Orleans CBD and Northshore law firm, is seeking qualified candidates for two lar typeface and format may now be placed Lafayette healthcare defense firm in the Louisiana Bar Journal and on the positions. The firm offers competitive LSBA Web site, LSBA.org/classifieds. interviewing for an associate position to salary and benefits and an excellent work All requests for classified notices must handle medical malpractice defense files. environment. 1) Environmental litigation be submitted in writing and are subject Applicants should have a minimum of to approval. Copy must be typewritten attorney — Minimum five-plus years’ civil three years’ experience in litigation, or litigation experience with emphasis on and payment must accompany request. a background in nursing in lieu of legal Our low rates for placement in both are complex litigation; A/V rating preferred; as follows: experience. Registered nurse attorney environmental, oil and gas and/or toxic preferred, but not required. Email résumés tort experience preferred. 2) First-chair RATES to [email protected]. attorney/environmental law — Minimum eight-plus years’ defense experience in CLASSIFIED ADS Transaction lawyer wanted, New first-chair civil jury trials, complex litigation Contact Krystal L. Bellanger at Orleans. Well-respected, well-known firm and primary case management; A/V rating (504)619-0131 or (800)421-LSBA, with national practice and offices in New ext. 131. required; environmental, oil and gas and/ Orleans and Baton Rouge seeks experienced or toxic tort experience preferred. Those Non-members of LSBA transaction lawyer with portable business. interested in these positions should visit the $85 per insertion of 50 words or less Must be able to handle complex real estate Curry & Friend, P.L.C., website at: www. $1 per each additional word sales/purchases, commercial lease issues curryandfriend.com/careers. $20 for Classy-Box number and general corporate/business transactions. Compensation competitive and subject Members of the LSBA The Shreveport/Caddo Metropolitan to negotiation. Mail résumés to Office $60 per insertion for 50 words or less Planning Commission seeks proposals $1 per each additional word Administrator, Ste. 2500, 650 Poydras St., from attorneys or law firms to serve as its No additional charge for Classy-Box New Orleans, LA 70130-6103. All inquiries general counsel. Solicitation packages will number will remain strictly confidential. be available on May 1, 2015, from Diane Tullos, [email protected], or Screens: $25 The Dill Law Firm, A.P.L.C., seeks Headings: $15 initial headings/large type Judy Negrete, judy.negrete@shreveportla. a full-time attorney with interest in gov, at Ste. 440, 505 Travis St., Shreveport, BOXED ADS insurance defense litigation. Strong writing LA 71101; (318)673-6480. Responses are Boxed ads must be submitted camera ready and communication skills required. All due by 5 p.m. CDT on June 1, 2015. by the advertiser. The ads should be boxed inquiries will be treated with the strictness and 2¼” by 2” high. The boxed ads are $70 of confidence. Submit résumés to: P.O. per insertion and must be paid at the time of Shuart & Associates Legal Search & Box 3324, Lafayette LA 70502, or email placement. No discounts apply. Staffing. In today’s market, many law firms [email protected]. are growing by lateral acquisition of partners/ DEADLINE practice groups. Some partners are choosing For the August issue of the Journal, all classified notices must be received with payment by June 18, 2015. Check and ad copy should be sent to: LOUISIANA BAR JOURNAL Adele A. Thonn Classified Notices Forensic Document Examiner 601 St. Charles Avenue Services include document examination, New Orleans, LA 70130 analysis and opinions including, but not limited to, questioned signatures and RESPONSES alleged alterations To respond to a box number, please address Happily servicing the Greater New Orleans your envelope to: area and surrounding parishes Journal Classy Box No. ______c/o Louisiana State Bar Association Phone: (504) 430-5117 601 St. Charles Avenue Email: [email protected] New Orleans, LA 70130 www.thewriteconsultants.com
Louisiana Bar Journal Vol. 62, No. 6 493 to relocate to firms where their unique Briefs/Legal Research/Analysis of For Sale strengths are valued and compensation Unusual or Problem Cases FOR SALE OR LEASE competitive. This requires broad JD with honors, federal judicial clerk, Like new office furniture. Large selec- knowledge of the existing marketplace graduate of top 10 law school, 20 years’ tion. Desks, chairs, conference tables, file and insight into the culture of local law experience, federal and state litigation. cabinets, etc. Canal Furniture Liquidators, firms. Shuart & Associates has a proven Available for briefs, research, court ap- 3534 Toulouse St. (at the end of Bayou St. track record in providing this service. All pearances, analysis of unusual or problem John), New Orleans. (504)482-6851. inquiries confidential. (504)836-7595. cases. References on request. Catherine www.shuart.com. Leary, (504)436-9648, statewide services, NoticeNOTICE registered office Jefferson Parish. Notice is hereby given that Gregory Paul Associate Attorney Wanted for Hardy intends on petitioning for reinstate- Successful Small-Town Practice Appellate briefs, motions, legal research. Attorneys: the appellate process is your last ment/readmission to the practice of law. Any Well-established Louisiana practitioner person(s) concurring with or opposing this seeks an associate attorney to join a very chance to modify or defend your judgment. Lee Ann Archer, former Louisiana Supreme petition must file notice of same within 30 successful small-town law practice. The days with the Louisiana Attorney Disciplin- practice is currently owned and operated Court clerk and Tulane Law honors gradu- ate, offers your best chance, with superior ary Board, Ste. 310, 2800 Veterans Memorial by a solo practitioner with decades of Blvd., Metairie, LA 70002. experience and an extensive caseload of appellate briefs, outstanding legal research, clients. Work includes: criminal defense, pinpoint record review and 20-plus years of personal injury, domestic matters, appellate experience. Confidential; state- INDEX TO contract, property and business law. wide service; fast response. Call (337)474- ADVERTISERS 4712 (Lake Charles); email lee@leeaarcher. The practice includes the possibility of Alston Law Firm, L.L.C...... 455 pay through public service. Associate com; visit www.leeaarcher.com. D. Wesley Attaway...... 493 may have the opportunity to acquire Brief writing/legal research. Columbia the practice, including purchase of the Bourgeois Bennett...... 480 Law School graduate; former U.S. 5th Cir- building and/or all assets. Applicants Broussard & David...... OBC cuit staff attorney; former U.S. District Court, must have a desire for public service and Western District of Louisiana, law clerk; 16 Callihan Law Firm, L.L.C...... 454 must be licensed to practice law in the years of legal experience; available for brief Cazayoux Ewing Law Firm...... 466 state of Louisiana. Salary and terms are writing and legal research; references and negotiable. Send your résumé and a cover Christovich & Kearney, L.L.P...... 456 résumé available on request. Douglas Lee letter to louisianalawpractice@gmail. Kay E. Donnelly & Associates...... 455 Harville, lee.harville@theharvillelawfirm. com. No phone calls, please. com, (318)222-1700 (Shreveport). Robert G. Foley...... 494 Tom Foutz /ADR inc...... 456 ServicesSERVICES ForFOR Rent RENT Gilsbar, Inc...... 437, IBC Covington Texas attorney, LSU Law 1985. Admitted COVINGTON Laporte CPAs & Business Advisors..... 460 in Louisiana and Texas. I am available Executive office suites. Two blocks to LawPay...... 417 to attend hearings, conduct depositions, Covington courthouse. Includes utilities, act as local counsel and accept referrals Legier & Company...... IFC cleaning, conference room, library, kitchen, for general civil litigation in the Houston LexisNexis...... 418 off-street parking, fax, copier and wireless area. Contact Manfred Sternberg, Jr. Internet. From $400/month. Owner-broker: Louisiana Association for Justice...... 457 at (713)622-4300; email manfred@ (985)867-0747 Or, email [email protected]. maps®...... 467 msternberg.com. ANSWERS for puzzle on page 453. The Mediation Institute...... 458 1 2 3 4 5 6 7 Forensic Document L E M M O R R I S O N S National Academy of Distinguished I A E N N T Neutrals...... 421 Examiner 8 9 10 L O c A T E S T O N T O The Patterson Resolution Group...... 462 Y O H E O I P Robert G. Foley 11 Handwriting • Typewriting • Copies P E N D E N T E L I T E Perry Dampf Dispute Solutions...... 464 12 Ink/Paper Analysis & Dating A G S E R H Plastic Surgery Associates...... 468 13 14 15 D E c L A W A R E O L A 16 Schafer Group, Ltd...... 461 Certified & Court Qualified in S R M B A Y Federal, State, Municipal & 17 18 T O W E R O F B A B E L Schiff, Scheckman & White, L.L.P...... 454 Military Courts since 1972 19 O W I N L u O University of Alabama...... 465 20 21 Phone: (318) 322-0661 L u B Y S S H E R I F F Angela S. Willis, CPA...... 459 www.robertgfoley.com D A u A c T 22 23 S Y R u P M I L L K c S The Write Consultants...... 493
494 April / May 2015 It’s Time to Book a Listing in One price gets ‘Who’s Who in ADR 2015’ you in the print directory and The print version of the directory for arbitrators and mediators will be mailed with the on the Web! October/November 2015 Louisiana Bar Journal. View the 2014 For the one low price of $125, your listing is first published in the print directory, directory at then the directory is uploaded to the LSBA website in interactive PDF format (email addresses and website URLs are activated and instantly accessible). www.lsba.org/goto/ The Web version of the directory remains active for one full year! adrdirectory2014
The special Arbitrators and Mediators Directory will feature brief articles and photographs of arbitrators and mediators (INDIVIDUALS ONLY). The articles should be 150 words MAXIMUM. Provide your address, phone, fax, email address and website information at the end of the listing (not part of the word count). Submit either original photos or digital photos. Digital photos should be submitted separately from the article, in either .tif, .jpg or .eps format (the order of preference). DO NOT submit digital photographs embedded in word processing pro- grams; send the photograph as a separate file. High-resolution digital photos work best (at least 300 DPI/dots per inch).
Deadline is July 31 for all listings and photos! Directory/Web Combo price is $125.
Articles and photographs must be for individuals only. No group articles or group photographs will be used. But, as an ADDED BONUS, firms which have three or more arbitrators/mediators purchasing individual listings will receive a free firm listing in the section. (Firms are responsible for submitting the additional information, 150 words maximum.) If you would like to repeat a prior listing and photo, you may send us a photocopy of that listing along with your check; please provide the year the listing appeared. (Digital photos appearing in ADR directories are archived back to 2000.) It’s easy to reserve space in the directory! • Email your listing and photo to Publications Coordinator Darlene M. LaBranche (email: [email protected]). Then mail your check for $125 (payable to Louisiana State Bar Association) to: Publications Coordinator Darlene M. LaBranche, 601 St. Charles Ave., New Orleans, La. 70130-3404. • Or, mail your listing, photo, disk and check to the above address. For more information, contact Darlene M. LaBranche (504)619-0112 or (800)421-5722, ext. 112.
LouisianaLouisiana Bar Bar Journal Journal Vol. Vol. 62, 62, No. No. 6 6 495495 The Last Word By Joseph I. Giarrusso III Me and my PDA
ike many younger lawyers, my longest professional relationship has not been with a single law firm or client. It’s been with a PDA.L No, I’m not talking about a public display of affection but instead my cher- ished personal digital assistant. My first BlackBerry opened up a whole new world — access to email while out of the office. Was I sitting at my desk, at a deposition, or some dive? No one ever had to know.1 It wasn’t long before I was hooked on my mobile device. Mrs. Humorist tried to place restrictions on the device’s use but my brain had an insatiable desire to know — who was looking for me and did the electronic Pacer notification that our FOOTNOTES they need me to respond in seconds flat? client’s summary judgment had been And, let’s be honest. The BlackBerry (and granted. We literally got to see the look 1. Dear Apple: I really, really need you to fix now iPhone) held great utility outside of on the other lawyer’s face when hearing the response function on my phone so no one can ever tell whether I’m responding from my desktop responding to work emails or reviewing that news. Those Pacer notifications are documents in an airport. It could be used or phone. No charge for the free advice. Not even a tax dollars well spent. 0.1 on the timesheet. for the most important functions of: (1) Notwithstanding my wife’s admoni- 2. Again, transactional lawyers, you’re killing checking LSU scores at a wedding; (2) tion, my use of the iPhone became lax. me here with your lack of posting. 3. Let’s be honest. I am not the only one. Ac- sending texts in a meeting to see if I could Much like Icarus, I continued tempting the get someone to laugh out loud (Bad form? cording to the websites of CNET and CBS News, Fates by flying too close to the proverbial nearly 75 percent of Americans admit to using their Yes. Puerile and funny? Also, yes); (3) sun — the iPhone frequently crossed the phones in the bathroom and nearly 20 percent admit surveying Facebook and Twitter to see threshold from office to home to restroom. to dropping their phone in the toilet. And, those are 2 just the ones who admit to it. what my colleagues were up to. And, then it happened . . . . Over time, our relationship became 4. At least that is what I told my IT department. I wasn’t paying close enough attention Luckily for me, they don’t read the Bar Journal. more strained, more bittersweet. There a few months ago when I dropped the de- were many moments of stillness and vice into the urinal.3 This gave completely Joseph I. Giarrusso III is sereneness interrupted by the screen show- new meaning to getting closer to my law a shareholder in the New Orleans office of Liskow & ing yet another email. On the other hand, partners. As I sat there stunned at my care- the “crackberry” brought me great joy. I Lewis, P.L.C. He received lessness, the initial reaction was to leave his JD degree in 2001 from learned Daughter 1 would be a girl while it there and just walk away. But I couldn’t Louisiana State University at the Cameron Parish Courthouse. leave my old buddy behind. Thankfully, Paul M. Hebert Law Cen- ter (Louisiana Law Review The iPhone also helped with something I was alone when retrieving the iPhone. I I never thought imaginable. Have you ever and Order of the Coif). He fished her out and even “tried” to dry her is admitted to practice in had the schadenfreude thought, “I’d love out.4 Alas, it wasn’t meant to be and I was Louisiana and Texas. (jigi- to see the look on his/her face when they given a new phone. A little distance from [email protected]; Ste. 5000, 701 Poydras St., New Orleans, LA 70139) see this?” [That’s a rhetorical question. your PDA is a good thing. Of course, you have.] Near the tail end of our expert’s deposition, we received Sent from iPhone (No Longer Used in Bathrooms)
The Louisiana Bar Journal is looking for authors and ideas for future “The Last Word” articles. Humorous articles will always be welcomed. But the scope has broadened to “feel-good” pieces, personal reflections, human interest articles or other stories of interest. If you have an idea you’d like to pitch, email LSBA Publications Coordinator Darlene M. LaBranche at [email protected].
496 April / May 2015 Lsba Endorsed Are you a member?
Making good healthcare and benefit choices for you and your employees that are cost-effective has always been important. We can help save you time and money so you can get back to what you do best.
Eligible Pro-Op Members Will Receive the Following: • Customized online benefits portal
• Compliance services required by new healthcare regulations • Care Advocates services to help: - Explain your benefits - Provide cost comparisons - Locate a health provider - Resolve claims or billing issues - And much more!
Want to confirm your eligibility?
Contact us to learn more!Today
855.867.0057 gilsbar.com/pro-op
LSBA-Ad-V3-SDB.indd 1 8/7/14 2:34 PM