Message from the President By: CHRISTOPHER J

Winter Edition 2015 Vol. 24, No. 2 Message from the President By: CHRISTOPHER J. ALFIERI Wishing all of you a Happy & Prosperous New Year!

By the time this Winter Edition of Second, we’ve moved! I am happy to announce the Advocate reaches our members, that The Michaelle Pitard Wynne Attorney our holiday celebrations will be Conference Center has moved to its new location on behind us, and we will be awakening the second floor of the Hale Boggs Federal Building to a brand new year, 2015. What a in room B-245, which adjoins the Eastern District wonderful gift it is to begin anew! courthouse. It can be reached through the second floor Whether or not you typically start of the courthouse and is open Monday through Friday, each year with a special resolution, from 8:00 a.m. until 4:00 p.m. The Center is operated by January 1st invites us all to dream big the Federal Bar Association, New Orleans Chapter, for and set fresh goals, and our Chapter is no exception. I’m the benefit of all attorneys having business at the court. thrilled to announce three exciting new developments We will be notifying our members about an Open House with which our Chapter begins 2015: event which we will host in our new space sometime in First, I announce the appointment of Christina January 2015, or you can visit our website at nofba.org. Consuelo “CC” Kahr as the incoming Executive Please see William Blevins’s “Clerk’s Corner,” in this Director of the Federal Bar Association, New Orleans issue, for more information. Chapter. CC comes to us with a wealth of executive Our current facilities are newly renovated and provide management experience with non-profit, governmental attorneys with a variety of services and conveniences and educational institutions, including expertise in including a comfortable, furnished main lounge with organizational development, project management and access to telephone, restrooms and a kitchenette where program planning. CC is already known to many of you basic refreshments are available. The Center affords from her tenure as the former Program Director of the a quiet and comfortable place for attorneys to work or New Orleans Bar Association. CC has shared with me relax. The Center includes a research and copy room, that she considers it a privilege to work with members of high-speed copier and printer, and public computers the legal community, as both the lawyers and judges of the with access to WestLaw/Lexis. The Center also contains region have provided her much personal and professional furnished and private conference rooms, each with insight into the city that she has come to call home. We secure telephone service. These rooms are available by are delighted to welcome CC to our leadership team, reservation or on a “first come” basis. They are ideal for and we look forward to working with her to improve the attorney-client consultations, neutral site depositions, many benefits we offer to our members. Welcome, CC! mid-trial negotiation, witness waiting rooms, etc. Please stop by and see our impressive new space! cont’d on page 2

Editorial Board: Kathryn Knight, Steve Griffith, Michael Ecuyer 2 the attendees. signed autographsfor photographs withand graciously posed for and afterwardhe answered questions, day ofthe week onwhichthe decision was rendered. Throughout the presentation, Dean Chemerinsky case he discussed, including which justices were in the majority, direct quotes from the opinions, and the Dean Chemerinsky impressed the crowded courtroom with his ability to recall specificof the Supreme Court of the United States and some fascinating cases on the horizon for the next term. details about every University of California, Irvine School of Law, discussed the most significant opinions from the last term 50 attendees for DeanErwinChemerinsky’s SupremeCourtUpdate.ErwinChemerinsky, Founding Dean, On November21,2014,theFederal Bar Association, Younger Lawyers Division, hosted approximately

THE ADVOCATEMotions andPost-JudgmentPractice; (7) Article for FederalCourt;(6)Post-Trial(5) Depositions Pre-Trial Orders& Trial, includingverdict forms; Federal Rule of Civil Procedure 12; (4) Preparing Appeals of Remand Orders; (2) Discovery; (3) annual serieswillbe(1)Removal/Remand and many FederalPracticeareastobecoveredinthis or toattendindividual sessions. Among the program complete the in participate to flexibility District courthouse. Attendees will have the a two-day period, and it will be held at the Eastern (10:00 am – 12:00 pm & 3:00 pm – 5:00 pm) over will comprise fourseparate 2-hour segments CLE scheduling moving forward. The series and itwillbeanongoingfeatureofourannual Procedure series will take place in March2015, and Practice Federal the of installment first The annual ContinuingLegalEducationlineup. “Federal Practice & Procedure Series” to our we’re gettingbacktoour roots byaddinganew Third, we’velistenedtoour members,and Message from thePresident DEAN CHEMERINSKY SUPREMECOURTUPDATE

& ProsperousNew Year! wish all of youand your loved ones a very Happy to seeing you in the coming months. Above all, I year in storeforourmembers, andIlookforward involvement in the Federal Bar. We have a great to thankyou,ourmembers, foryourcontinued for detailsonthisnewprogram. you areinterested inforthisseries,andstaytuned topics specific other are there if you from hear spectrum ofFederalpractice areas.Pleaseletus content of ourCLEprogramming covers abroad We hopetoensurethateveryyearthesubstantive and programming and the input of ourmembers. based upon our evaluation of past CLE planning – MotionsandPractice. (10) Effective Oral Arguments; and(11) Daubert 56; (9) Fundamentals of Effective Brief-Writing; 1 Jurisdiction;(8)FederalRuleofCivilProcedure As our Chapterentersits78 As The creation of thisspecial CLE seriesis (cont’d) th year, Iwant

THE ADVOCATE 3 MALCOLM MONROE FEDERAL PRACTICE SEMINAR PRACTICE FEDERAL MONROE MALCOLM

Gasparian), and Mark Surprenant (Adams & Reese). Mark Surprenant (Adams & Reese). Gasparian), and Palmer Lambert (Gainsburgh Benjamin), Kathleen Gasparian (Ware (Ware Gasparian Kathleen Benjamin), (Gainsburgh Lambert Palmer Jr.), Laura Ashley (Jones Walker), Chris Weema (Krebs Farley), Weema Chris Walker), Ashley (Jones Laura Jr.), Accardo LLC), Sara Johnson (Law Offices ofV. Herbert Larson, in ceremony. Speakers this year included: Larry Pugh (Pugh Larry included: year this Speakers ceremony. in end of the afternoon, Judge Lemelle presided over the swearing- presided over Judge Lemelle end of the afternoon, to Louisiana’s federal district courts and the Fifth Circuit. At the At the and the Fifth Circuit. district courts federal to Louisiana’s of 113 attorneys participated in the seminar and gained admission and gained admission in the seminar participated attorneys of 113 on December 3, 2014, at the Eastern District Courthouse. A total total A Courthouse. the Eastern District 3, 2014, at on December The annual Malcolm Monroe Federal Practice Seminar was held was Seminar Practice Federal Monroe Malcolm annual The 4

THE ADVOCATEProgram. the American Red Cross Mail for Heroes holiday cards tobedelivered to soldiersby offered gueststheopportunitytocreate Hall. Adding to the holiday spirit, the YLD the FifthCircuit Court of Appeals’ Great party was heldat its traditional location in of Louisiana and theFifthCircuit. The as well asjudgesfromtheEastern District attended by FBA members – oldandnew the Federal judiciary. The party was well other members,aswellmembersof an opportunity to meet and mingle with provides membersoftheFederalBar Party onDecember3,2014. This event annual FederalBar Association Holiday The Younger LawyersDivisionheldits The FBA wouldliketothanktheSedonaConference forallowingus to partnerwiththem to presentthe All Voices Meeting at theRoosevelt HotelinNewOrleans thisfall! YLD HOLIDAY PARTY Thank You

THE ADVOCATE 5

President, with Amanda Serfess with President, Liz Houts, FBA Student Chapter Liz Houts, FBA COCKTAILS COURT THE WITH

TULANE FBAHOSTS NOLA SEMESTER KICK-OFF EVENT AT BREWERY

for those in attendance. for those in attendance. Circuit in an open social setting. The evening was The evening was experience successful and enjoyable once again a setting. an open social Circuit in provides members of the bar a unique opportunity to engage the judges of the Eastern District and Fifth the Eastern District the judges of to engage bar a unique opportunity members of the provides Stick Bar at Cafe Adelaide to share wine, drinks, and wonderful conversation. Cocktails with the Court the with Cocktails conversation. wonderful drinks, and wine, share to Adelaide Cafe at Bar Stick hosted Cocktails with the Court. Members of the bench and the bar gathered together at the Swizzle at together and the bar gathered of the bench Court. Members with the hosted Cocktails On the evening of November 19, 2014, the Younger Lawyers Division of the Federal Bar Association Association Bar Federal of the Lawyers Division Younger 19, 2014, the of November On the evening

pro bono legal assistance to under-resourced communities. pro bono legal assistance to under-resourced organization, Global Brigades, to help fund its winter break trip to Panama, where students will provide organization, donated 20% of the beer proceeds from the evening to the International Law Society’s subsidiary Law Society’s to the International 20% of the beer proceeds from the evening donated notch cuisine by a local caterer, and even yard games. To top the night off, NOLA Brewing generously NOLA top the night off, To and even yard games. caterer, notch cuisine by a local partook in complimentary brewery tours provided by one of the NOLA Brewing brewmasters, top- brewmasters, Brewing NOLA of the by one brewery tours provided complimentary in partook

graduates, faculty members, and local practitioners. Guests practitioners. members, and local graduates, faculty guests throughout the evening, including current students, recent guests throughout the evening, including community, and the two organizations were joined by over 150 by over joined were organizations two the and community, of these objectives, the event was open to the entire law school the event was open to the entire of these objectives, New Orleans legal communities and enjoying a beer. In the spirit a beer. and enjoying communities New Orleans legal International Law Society while bringing together the Tulane and Tulane the together bringing while Society Law International to kick off the semester by raising awareness about the FBA and FBA the about awareness by raising the semester off kick to Brewing Company in New Orleans. The organizations’ goal was goal The organizations’ Brewing Company in New Orleans. International Law Society to co-host an evening at the NOLA NOLA at the evening an co-host to Society Law International the Federal Bar Association joined forces with the Tulane Tulane joined forces with the Association the Federal Bar On October 16, 2014, the Tulane Law Student Division of Tulane On October 16, 2014, the 6 THE ADVOCATE his retirement. from the distinguished Judge as he nears were thrilled to hearsuchcandidthoughts colleagues were enrolled. The attendees over casesinwhichsome ofhisformer Federal Judgewhothen mustpreside transition from practicing lawyer to particularly focused on the interesting his appointment to the bench. The Judge young lawyers,andhispractice before Duval also discussed his expectations from on hislife outside the courtroom. Judge But theconversationdidnotfocusonly his retirement. his favorite pastimes–traveling–following also spoke of hisplan to expand on oneof subsequent love of reading. JudgeDuval and hunting,hiseducation, and his South Louisiana, his lovefortheoutdoors The Judgediscussedhisupbringingin the courtroom. Duval aboutthetopic of hislife outside of about 10younglawyerschattedwithJudge December 2, 2014.Overlunch,agroupof the CourtPrograminhiscourtroomon clerks, hostedtheFBA’s Lunchwith Judge StanwoodDuval,alongwithhis role ofMagistrateJudge,andthewidevarietyfederalmattersbeforeJudge. Lunch with the Court Program, and a fun time was had by all. The young lawyers learned about the Mr.and Doll staff,Ms. his Yager.and North the North’s hosting Judge time Magistrate first was This In October2014,members of theFBA’s Younger LawyersDivisionlunched with Magistrate Judge PROGRAM WITHthecourt LUNCH December Lunch with Judge Stanwood Duval Magistrate North Judge was hosted by October Lunch with the Court FBA HOSTS ANNUAL FEDERAL JUDGES’ RECEPTION THE ADVOCATE The New Orleans Chapter’s annual Federal Judges’ Reception was held at the Security Center on November 6, 2014. The event was well attended with approximately 325 members of the judiciary and bar present. Attendees were treated to a performance by special musical guests Johnny Sketch and the Sketchtones. The feedback from the judges in attendance was all very positive. Several local law firms offered generous support to the event, and their names appeared on the Sponsor Board displayed at the reception and reprinted here. Special thanks goes to the sponsors and Alliance Overnight Document Service, L.L.C. for providing the Sponsor Board. Also instrumental in the event’s success was the work of the planning committee members: Peter Wanek, Joelle Evans, and Larry Centola.

2014 Sponsors of the Federal Judges Reception

PLATINUM • Deutsch, Kerrigan & Stiles, LLP • Jones Walker LLP • Flanagan Partners LLP • McGlinchey Stafford PLLC • Gordon Arata McCollam Duplantis • Montgomery Barnett, L.L.P. & Eagan LLC • Phelps Dunbar, LLP • Herman Herman & Katz, LLC • Sher Garner Cahill Richter Klein & Hilbert, L.L.C. • Irpino Law Firm • Stanley, Reuter, Ross, Thornton & Alford, L.L.C. • Irwin Fritchie Urquhart & Moore LLC • Stone Pigman Walther Wittmann L.L.C. GOLD

• Adams and Reese LLP • Galante & Bivalacqua LLC • Allan Berger & Associates, PLC • Hailey McNamara Hall Larmann & Papale, L.L.P. • Barrasso Usdin Kupperman Freeman • Jones, Swanson, Huddell & Garrison, LLC Sarver, L.L.C. • King, Krebs & Jurgens, PLLC • Bruno & Bruno LLP • Krebs Farley & Pelleteri, PLLC • Chaffe McCall, L.L.P. • Lowe, Stein, Hoffman, Allweiss & Hauver L.L.P. • Christovich & Kearney, LLP • McCranie, Sistrunk, Anzelmo, Hardy, McDaniel • The Dugan Law Firm, APLC & Welch, LLC • Entergy Services, Inc. • Mouledoux, Bland, Legrand & Brackett • Fowler Rodriguez • Ogletree, Deakins, Nash, Smoak & Stewart, P.C. • Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. • Porteous, Hainkel and Johnson, LLP

SILVER

• Baldwin Haspel Burke & Meyer, LLC • Lewis, Kullman, Sterbcow & Abramson • Baker, Donelson, Bearman, Caldwell • Liskow & Lewis & Berkowitz, PC • Martzell & Bickford, APC • Becnel Law Firm, LLC • Murphy, Rogers, Sloss & Gambel, PLC • Harrell & Nowak, L.L.C. • Schonekas, Evans, McGoey & McEachin, L.L.C. • Kean Miller LLP

7 8 THE ADVOCATE FBA HOSTS ANNUAL FEDERALJUDGES’RECEPTION HOSTS FBA (cont’d) 9

THE ADVOCATE th cont’d on page 10

apitelli floor of the Poydras Center ismuch different from th C his humble beginnings in the Calliope Housing Project. Project. the Calliope Housing beginnings in his humble Federal in as the top was sworn Jr. Allen Polite, Kenneth Mr. 2013. 20, September on District this Prosecutor in be youngest U.S. attorney to Polite was the second Obama. nominated by Barack on January 30, 1976. Allen Polite was born Kenneth the Calliope Housing Development He was raised in provide to hard worked extremely His mother projects. her two sons. From the Calliope opportunities for moved to the Lower 9 Polite Mr. Housing project, The view that the current U.S. Attorney has from the Attorney U.S. that the current The view 16 Ward where he would spend most Saturdays with his where Ward Hard work and a mother and brother at the library. Polite. for Mr. focus on academics have paid dividends He graduated as Valedictorian from De La Salle High John, the At his investiture, Peggy St. School in 1993. referred to Mr. principal of De La Salle High School,

rian B y B ITE, JR. ITE, POL ALLEN KENNETH

Kenneth Polite has taken this advice to heart. the job entails more than just sitting behind a desk and to make sure that he got out into the community. that he got out into the community. the job entails more than just sitting behind a desk and to make sure several candid conversations with the former United States Attorney General Eric Holder, who advised that Attorney General Eric Holder, several candid conversations with the former United States Polite had the opportunity to meet law enforcement officials from all over the region. In addition, he had Polite’s name was quickly thrown into the hat as a possible successor. During the nomination process, Mr. process, Mr. During the nomination was quickly thrown into the hat as a possible successor. name Polite’s When Jim Letten resigned from his post as one of the longest-serving U.S. Attorneys in the country, Mr. Mr. Attorneys in the country, U.S. When Jim Letten resigned from his post as one of the longest-serving became Chair of the firm’s hiring committee. became Chair of the firm’s a Shareholder with the law firm of Liskow & Lewis, where he headed the White Collar Practice Group and Jackson convinced him that the timing was right for him to return to New Orleans. Mr. Polite came back as New Orleans. Mr. Jackson convinced him that the timing was right for him to return to After spending several years as a prosecutor in New York City, his good friend, mentor, and now Judge, Brian his good friend, mentor, City, York After spending several years as a prosecutor in New Orleans roots, he jokes that he may be the only person to have the SDNY job be his second choice. Orleans roots, he jokes that he may be the only person to have the SDNY regarded as the country’s most prestigious prosecutorial office. Relaxing a bit and showing his true New eventually gained a spot at the United States Attorney’s Office in the Southern District of New York, widely Office in the Southerneventually Districtgained ofAttorney’s a New spot at the United States opportunities in the medical community post-Katrina were scarce. Mr. Polite remained in New York City and York Polite remained in New opportunities in the medical community post-Katrina were scarce. Mr. now Chair of clinical obstetrics and gynecology at LSU Medical Center–was a young medical resident and now Chair of clinical obstetrics and gynecology at LSU Medical Center–was Louisiana shortly before Hurricane Katrina, but fate would delay his return. At that time, his wife Florencia– return. Louisiana shortly before Hurricane Katrina, but fate would delay his applied for and received a job to work as an Assistant United States Attorney in the Eastern District of Attorney in the Eastern District Assistant United States work as an applied for and received a job to Prior to Hurricane Katrina, Mr. Polite was already eyeing a homecoming to his native city. In fact, he had In eyeing a homecoming to his native city. Polite was already Prior to Hurricane Katrina, Mr. focused on organized crime and public corruption. crime focused on organized he served as an Assistant United States Attorney in the Southern District of New York, where his prosecutions York, District of New Attorney in the Southern Assistant United States he served as an Meagher & Flom in New York City and locally at Liskow & Lewis. In between his work as a defense lawyer, work as a defense lawyer, In between his and locally at Liskow & Lewis. City York Meagher & Flom in New Eastern District of Louisiana, he worked in the White Collar defense practice groups at Skadden, Arps, Slate, Arps, White Collar defense practice groups at Skadden, in the Eastern District of Louisiana, he worked Judge Thomas L. Ambro of the United States Third Circuit. Prior to becoming the U.S. Attorney for the Attorney for Third Circuit. Prior to becoming the U.S. States Ambro of the United Thomas L. Judge University Law Center, where he earned his Juris Doctor. From 2001 to 2002, he served as a law clerk to From where he earned his Juris Doctor. University Law Center, He matriculated at Harvard University, where he earned his degree in 1997, and then attended Georgetown Georgetown attended then and 1997, in degree his earned he where University, Harvard at matriculated He in the man that he had become. Kenneth devoted himself to academics, but gushed over the way Kenneth treated others, and took great pride but gushed over the way Kenneth treated others, and took great Kenneth devoted himself to academics, Polite as “one of the most incredible young men to walk the halls of De La Salle”. She remembered how Salle”. La De of the most incredible young men to walk the halls Polite as “one of 10 community and the community at large, but also the relationships he fosters with the fine Assistant fine the with fosters United States Attorneys uponwhomhe relies. he relationships the also but large, at community the and community based not solely upon the relationships that he and members of his office have with the law enforcement be will office his of success ultimate the that emphasized He office. the outside and within both those and theskillspracticeshefosteredwhilein privatepractice will continuetobewellreceivedby Polite notedthatprosecutionsforthisyearareup 14%overlastyear, andhehopesthathisapproach arise outsidetheGreaterNewOrleansarea. but notedthatwithout relationships andtrust,it is impossible to knowwhatpotential cases orissuesmay this in no way distracts his office from focusing on the crime problems in the greater New Orleans area, on which the office may not have focused as much attention in the past. He was quick to point out that in oneroom. Heviewed it asanopportunity to foster relationships with someofthe outlying parishes significance that one of the sheriffs noted that this was the first time that all 13 sheriffs had been together a meeting ofallthesheriffs ofthethirteen parishes intheEasternDistrict.Mr. Politerecalls with Shortly before Mr. Polite was appointed, Sheriff Marlin Gusman and Sheriff Newell Normand organized enforcement, hevisitsoneschool,andhasameetingwiththebusinesssector. it his missionto visit at least one of the thirteen parishes each month. Ineach parish, he meets with law frequently attends meetings in all thirteen parishes ofthe Eastern District of Louisiana. Polite has made He District. Eastern the over all groups to speaks routinely he office, his of successes the announcing This is not by accident. While the public may not see him regularly on the steps ofthe Courthouse will notethat Kenneth Polite has taken a different public approach than hisimmediate predecessor. U.S. Attorney’soffice local the of observer casual priority. Any a also is community the Visibilityin prosecutors workingsimilarinvestigationstoworksidebyside. his hope is that this organizational structure fosters strong relationships within the office and allows for a DrugUnit; and aFraudUnit, which includes Health Care fraud investigations. Polite indicated that street and cases gangs; a National Security Unit, which focuses on Immigration, Terrorism, and Environmental crimes; firearms prosecutes which Force, Crimes/Strike Violent rights; civil and corruption a re-structuring of the office into five distinct groups: the Public Integrity Unit, which focuses on public He also has relied upon his law firm experience to re-organize the structure of the office. There has been the generalpublicandjudiciary. from both office,” the in confidence “restore to been has year last the over focus main his that says He former prosecutor in the office who at the time was practicing White Collar Defense work in Tennessee. complete hiring freeze due tothe Sequestration. PolitechoseRichard Westling as hisFirst Assistant, a comments posted byafewformerprosecutors,andtheDepartment of Justicewasinthe midst ofa When he was sworn in a little over a year ago, the office was still reeling from the fallout from the online turmoil andcircumstancesunderwhichhewasappointed. since taking office has been to build on some of the successes of his predecessors while moving past the from histhreemostrecent predecessors–Harry Rosenberg, EddieJordan,andJimLetten. Hisfocus THE ADVOCATE work of his predecessors. It was also during this process that he was able to gain insight and His quickrisetothepowerfulpositionhenowholdshumbleshim,andisextremelycognizantofgreat KENNETH ALLENPOLITE,JR. ( cont ’ d ) knowledge THE ADVOCATE 11 .

ce to match the match to ) (http://www.ca5.uscourts.gov/ ay C yle : L y B CLERK’S CORNER CLERK’S . ([email protected]) FIFTH CIRCUIT COURT OF APPEALSFIFTH CIRCUIT UPDATE The Fifth Circuit recently launched a new web site new web a launched recently Circuit Fifth The “look” of other federal court web sites. The new web site prominently displays court news and displays court news prominently The new web site court web sites. “look” of other federal (such with frequently requested documents key features of the former site, along - announcements “Pull operations). Office Clerk’s about FAQ and recordings, argument oral calendars, opinions, as the press and for guidance court, including about the users to information down” menus direct instructions in the Bar; renewing membership admission or for gaining other visitors; instructions calendars court links to cases; of pending status the about clerks deputy contact may on how parties Of forms, fees, and guides. and links to rules and procedures, information; and oral argument which permits Opinions Keyword Search feature, members is the to FBA interest possible special At present, we are court opinions since 1992. searches for all and proximity wildcard, Boolean, devices, but we are of mobile properly with a variety interacts working to ensure that the site members with suggestions for by the public. FBA also making other changes recommended at located Webmaster address link for the us using the email may advise to the site improvements the bottom of the homepage If you have any comments or suggestions regarding any of these matters, please contact us, as we contact please matters, any of these or suggestions regarding If you have any comments want to improve our services to the bar. Our court is currently operating with 15 active judges, two fewer judges than authorized. During judges, two fewer judges than authorized. 15 active Our court is currently operating with 464 more 7,923 new appeals, June 30, 2014), we received 2014 (July 1, 2013 through year court 7,941 vacancies, we terminated Despite the increase and judge appeals than the previous year. appeals criminal were increases highest the with types case three The year. this during appeals The (156 more). appeal to for permission petitions and more), (180 petitions habeas more), (147 court issued and 3,037 affirmedopinions during inthe wholeyear, or in part 64% of the appeals. of the appeals, slightly higher than the 6.6% rate of the The court reversed or vacated 7.2% at http://www.ca5.uscourts. are available Statistics Workload Judicial Complete previous year. gov/about-the-court/court-statistics copy of the paginated In the next few attorneys to download an electronic weeks, we will permit rather than having to obtain the from our court, Appeal (EROA) directly Record on Electronic only provide this service to CM/ECF-registered can We on a disk from the district court. EROA attorneys who have filed an appearance form and are participating in theworking with the district courts to ensure that digital photographs or other digital files that appeal. depict We also are we are working to counsel and the court as part of the EROA. Finally, trial exhibits are available in agency review cases. of the EROA and pagination to simplify the creation agencies with federal to counsel in the same manner in agency review cases available intend to make the EROA We described above. 12 THE ADVOCATE http://www.uscourts.gov/RulesAndPolicies/rules/current-rules.aspx site: rulemaking For more detailedinformation ontheseamendments, pleaseusethefollowing linkto theFederal Courts Evidence Rules801(d)(1)(B)and803(6)–(8) Civil Rule 77 Criminal Rules5,6,12,34,and58. Federal RulesofPracticeandProcedure Rule Amendments Effective December1,2014 Rules. System or“CRIS”. These toocanbefoundonourcourt’s websiteusingtheabove linktoourLocal order toconformwiththejudiciary’s newcentralizeddepositoryknownastheCourtRegistry Investment Finally, a coupleofminorchangesweremadetoourregistry relatedLocalCivilRules67.1and67.2in interviewing-jurors www.laed.uscourts.gov/news/public-comments-06192014-notices-proposed-amendments-local-rules-re- If interested,publiccommentssubmittedtotheoriginal versionsoftheseproposedrulescanbefoundat: by goingto:www.laed.uscourts.gov/attorney-information/rules-and-orders/local-rules regard totherequirementsandparametersforinterviewing jurors. The text oftheserulescanbefound Amendments weremadetoLocalCivilRule47.5anda newLocalCriminalRule23.2wasadoptedwith Local CivilandCriminalRules ------to sections(7)and(8). to exceptionstheruleagainsthearsay. Relatedconformingchangesfrom The changesto statements ofawitnesssubjecttocross-examination. Changes to of thesubsection. The changeto Civil Rule 77(c)(1)isalsoatechnical changeto fixanimproper cross reference at theend with arelated conforming Rule34for changeinCriminal 12(b). Rule12includessomesubstantiveCriminal changesto (b) The changeto Rule6(e)((3)(D) Criminal isatechnical changeto fixanimproper cross reference. 36ofthe arrested withArticle inconjunction Vienna Convention onConsular Relations. that attorneys orlaw enforcement provide applicableconsular notice that thedefendants have been Changes to Rules5(d)and58(b) Criminal dealwithforeign defendants andrelated requirements Rule 801(d)(1)(B)(i)and(ii) 803(6)trytoclarifytheburdenrequiredforlackoftrustworthinesswhenitcomes ofLouisiana District Eastern CLERK’S CORNER B : y : W illiam broaden thescopewithregardtopriorconsistent B levins : and(c)withregard to pretrial motionsalong

(6) werealsomade THE ADVOCATE 13 Floor HALE BOGGS BLDG. HALE BOGGS Floor nd

) ’d (cont levins B illiam : W y B floor ofthe Hale nd CLERK’S CORNER CORNER CLERK’S floor crossover to the Hale Boggs nd

The new Center is located in Room B-245 is located The new Center After many years of planning and construction, and construction, years of planning After many

504-589-7990. 504-589-7990. reached by calling reached by calling Center may be Center may be purchase. The available for available for and refreshments and refreshments area with snacks snacks with area comfortable lounge comfortable lounge capabilities, and a capabilities, with Internet connectivity, as well as copy, fax, and print as well as copy, connectivity, with Internet offers three private meeting rooms, a large work room work room rooms, a large meeting private three offers closer to the courthouse, the Attorney Conference Center Conference Attorney courthouse, the to the closer Building. With a more centrally located space, now a bit space, now located a more centrally With Building.

just beyond the 2 the beyond just

Center. Center. the FBA’s Michaelle Pitard Wynne Attorney Conference Attorney Wynne Pitard Michaelle the FBA’s Attorneys, the Shared Administrative Services Unit, and Services Administrative Attorneys, the Shared is occupied by EDLA’s Court Reporters, Pro Se Staff Pro Court Reporters, Se Staff EDLA’s is occupied by and turned over to the U.S. District Court. The space Court. to the U.S. District and turned over Boggs Federal Building has been completely renovated renovated completely has been Building Boggs Federal you when visiting the courthouse. find these informational displays helpful to The clerk’s office team hopes that you will in 2015! display the same information. Look for this display the same information. called “Today at the Court,” which will at the Court,” which “Today called are also developing a link on our website a link also developing are to provide up-to-the-minute information. We We information. to provide up-to-the-minute within a few minutes of a change, we are able we are of a change, few minutes a within Because any of these displays can be updated you are seeking. contains a judicial directory so that you can quickly confirm the location of the chambers or courtroom or chambers the of location the confirm quickly can you that so directory judicial a contains As you walk down the hallway to the elevators, another digital display will be evident. This monitor display will be evident. another digital to the elevators, As you walk down the hallway excluded from the monitor for reasons deemed appropriate by the presiding judge. excluded from the monitor for reasons deemed appropriate by the case-related information, typically trials, that are occurring that day. Note that sometimes trials will be will trials sometimes that Note day. occurring that are that trials, typically information, case-related to CLEs, naturalization ceremonies and other court events. The right, or blue, monitor will display will monitor or blue, right, The events. court other and ceremonies CLEs, naturalization to informational displays. The left, or red, monitor in the hallway will include information pertaining information include will hallway the in monitor or red, left, The displays. informational the previous smaller, temporary ones on wheeled stands that demonstrated the usefulness of such ones on wheeled stands that demonstrated temporary the previous smaller, bright informational monitors on the walls. These monitors appeared in November 2014, replacing These monitors appeared the walls. on monitors bright informational When you enter the Louisiana Eastern District Court, you will immediately notice a couple of big, of big, a couple notice Court, you will immediately District Eastern the Louisiana When you enter New Informational Monitors in the Louisiana Eastern District Court Lobby New Informational Monitors

NEW LOCATION: ATTORNEY CONFERENCE CENTER, 2 CENTER, CONFERENCE ATTORNEY LOCATION: NEW I am pleased to report that the 2 the that report to I am pleased 14 the EditorialBoard from Verdict ReportingFormsprovided bytheCourt. Court fortheEasternDistrictofLouisiana. Trials andTribulations is yourquarterly summary of matters recently tried in the United States District of Defendant on the claim of unseaworthiness. of Plaintiff on the Jones Act claim, but in favor THEfive minutes of deliberation, the jury found in favor ways forPlaintiff toperformhisjob. Defendant maintainedthat therewerealternative his head,neck,andback onthestairsbelow. falling backwards and striking and injuring himself when heexited the mechanical deck/crawlspace, injured Plaintiff INT’L Specifically, M/V TEAM. the vessel, Defendant’s on space fell whilenegotiating an unreasonablyawkward Defendant International Marine, L.L.C.,whenhe the course andscopeofhisemployment with he wasinjuredonDecember 16,2011, whilein ADVOCATEMarine, L.L.C.Plaintiff Willie C. Nealclaimed 2014 inthematter v trial heldOctober6–10,2014) Thomas wasfoundguiltyonallcounts. evade reportingrequirements. a usedBentley, andstructuring transactions to by laundering money purchasing casino gambling chips and purchasing services, financial and included: defendant Thomas Thomas wasallegedtohavetaken$684,065.53. January 2009throughDecember2011, defendant funds. Overthecourseofthreeyears,from theft concerning programs receiving federal of accused was Court, Traffic Orleans New the for Officer Financial Chief Thomas, defendant In v Ø MARITIME LAW GENERALJONES ACT AND Ø PROCEDURE CRIMINAL CRIMES AND After approximately one hour andforty- A jurytrialwasheldNovember10and12, Docket No.: 13-CR-241, Section K (Jury defendant trial, jury five-day a Following Overbilling the Court for hisaccounting The eleven counts broughtagainst 46 U.S.C.§30104 1:5324(a)(3) 18 U.S.C.666(a)(1)(A);18:1957; United States v. Vandale Thomas, Willie C. Nealv. International TRIALS ANDTRIBULATIONS TRIALS

Organizedbelow are bytopic,thesummaries compiledby but did notdirect him togetdown orcomplete witnessed Plaintiff ontheboardtapping wire Inc.’s employees, Plaintiff’s supervisors, above deck level, to tap the wire. McDermott, then stood on the board, approximately four feet and placeditacrossthe spoolingmachine. He grabbed asparedeckboard thathefoundnearby and thebaseofspooling machine, Plaintiff struggling to tap the wire from the deck level tool(s) shouldbeusedinitscompletion. After no instruction astohowitshouldbedoneorwhat with the task, hissupervisorsprovided him with on thespool. Although Plaintiff hadnoexperience was spooled to ensurethe wire lined up properly around the spooling machine and tap the wire as it a wire. This taskrequired Plaintiff tostandinor supervisors, directed Plaintiff to assist in spooling McDermott, Inc. riggers,whowerePlaintiff’s were onboardtheDerrickBarge 50. representatives for ShoreConstruction, L.L.C. McDermott, Inc.Nootheremployeesor and/or perform workorservicesforDefendant Shore Construction, L.L.C.hadagreedtosupplylabor Ltd. Vessels, International McDermott Bargeowned byDefendantJ.Ray 50,whichwas rigger onboardavesselinnavigation, the Derrick Shore Construction, L.L.C., andhiredtoworkasa Plaintiff MarkBarto was employed by Defendant, tried to a Judge on November 12 and 13, 2014. McDermott InternationalVessels, Ltd.,etal.,was held November10and12,2014) $688,950.00. However, after assessment offault, Plaintiff took expenses. The total award was $1,531,000.00. earnings; and$60,000.00forfuturemedical loss ofpastwages;$320,000.00forfuture and futureemotional suffering; $151,000.00 for pain and suffering; $500,000.00 forpast, present, $500,000.00 forpast,present,andfuturephysical 45% toDefendant. The jury awardedPlaintiff The jury assessed fault 55% to Plaintiff and Ø Docket No.12-1671,Section3(Jurytrial On May1,2013,twohigh-level The matter 46 U.S.C.§30104 Mark Barto v. J. Ray THE ADVOCATE 15

Ms. Nora R. Udell Ms. Ashley Roussel Mr. Brian P. Marcelle Brian P. Mr. Jackson & Jackson, APLLC Jackson & Jackson, Huber, Slack, Thomas & Marcelle Huber, d) ’ (cont The Court entered judgment in favor judgment The Court entered Docket No. 13-6081, Section J (Non-Jury Kara Hadican Samuels and Associates, LLC Kara Hadican Samuels and Inc. was Plaintiff’s Jones Act employer. The Court The Court Act employer. Jones was Inc. Plaintiff’s failure to Inc.’s that McDermott, further found sole cause of was the proper scaffolding provide found that the Court Lastly, accident. Plaintiff’s was not unseaworthy. the vessel Defendants Shore and against of Plaintiff The and McDermott, Inc. Construction, L.L.C. on J. Ray McDermott liability Court imposed no International Vessels, Ltd., the $138,794.36 for past was awarded Plaintiff vessel owner. (the cost of the contested expenses medical had been paid), other expenses – all surgery general damages, $40,361 $200,000.00 past future earnings/ past earnings, $300,000.00 for $400,000.00 for and capacity, loss of earning a awarded Court The damages. general future Shore The Court found total of $1,079,155.36. Inc. to Construction, L.L.C. and McDermott, of cost the for liable severally and jointly be but held McDermott, Inc. back surgery, Plaintiff’s awards. damage for the remaining alone liable L.L.C. to The Court ordered Shore Construction, such until cure and maintenance paying continue cure. reaches maximum medical time as Plaintiff trial held November 12 and 13, 2014) NEW MEMBERS

TRIALS TRIBULATIONS AND The Federal Bar Association welcomes its new members: The Federal Bar Riviere Law Firm Riviere Mr. David Haller Mr. Mr. William N. Abel Mr. Capt. J. Chase Johnson Eastern District of Louisiana Mr. Thomas Patrick Edmonds Mr. The Court found that Plaintiff’s surgery surgery Plaintiff’s that found Court The At trial, the parties stipulated that Plaintiff that Plaintiff parties stipulated the At trial, United States Attorney’s Office for the Attorney’s United States Loyola Univ. New Orleans College of Law Loyola Univ.

If you would like to become a member of the FBA, or know someone who would like to become a If you would like to become a member of the FBA, or know someone Attorney Conference , or the at (504) 523-1580 Chair, Alford, Membership please call Raley member, Center at (504) 589-7990 for more information.

United States Court of Appeals for the Fifth Circuit United States Court of

Additionally, the Court found that McDermott, Additionally, provide any necessary training and oversight. training any necessary provide the understanding that McDermott, Inc. would the understanding that McDermott, it sent Plaintiff to the Derrick Barge 50 with Barge Derrick to the sent Plaintiff it liability on Shore Construction, L.L.C. because on Shore Construction, liability cure. The Court did not otherwise impose The Court did not otherwise cure. time when Plaintiff reaches maximum medical medical maximum reaches when Plaintiff time the cost of maintenance and cure through the and cure the cost of maintenance L.L.C., as Plaintiff’s employer, was liable for was liable employer, as Plaintiff’s L.L.C., Construction, Shore that and cure, constituted denied that its vessel was unseaworthy. J. Ray McDermott International Vessels, Ltd. Plaintiff’s own negligence caused the accident. own negligence Plaintiff’s denied liability under the Jones Act, arguing that Act, arguing the Jones under liability denied despite this ongoing dispute. McDermott, Inc. McDermott, dispute. this ongoing despite elected to undergo surgery in October 2014 October in surgery undergo to elected the surgery was palliative in nature. Plaintiff in nature. Plaintiff was palliative the surgery surgery. Shore Construction, L.L.C. argued that argued L.L.C. Shore Construction, surgery. only Plaintiff’s request to cover the cost of back request to only Plaintiff’s refusing cure since the accident, and maintenance fell to the deck, injuring his back. deck, injuring fell to the Plaintiff L.L.C., has paid Shore Construction, to thirty minutes, the board broke and Plaintiff broke and Plaintiff the board minutes, to thirty employer, Plaintiff’s seaman. Act Jones was a the task in any other fashion. After about twenty twenty about After fashion. other any in task the Federal Bar Association FIRST CLASS MAIL New Orleans Chapter U.S. POSTAGE P A I D c/o Christopher J. Alfieri PERMIT NO. 665 Chapter President NEW ORLEANS, LA 500 Poydras St., Room B-245 New Orleans, LA 70130

Interested in becoming a member of the Federal Bar Association? Contact: Federal Bar Association 1220 North Fillmore St., Suite 444 Arlington, VA 22201 (571) 481-9100 Fax (571) 481-9090 www.fedbar.org or Membership Chair Raley Alford c/o Attorney Conference Center 500 Poydras Street, Room B-245 Hale Boggs Federal Building New Orleans, LA 70130 (504) 589-7990

Membership fee includes both national and chapter membership in the FBA. You can apply online at www.fedbar.org.

Editorial Board: Kathryn Knight, Steve Griffith, Michael Ecuyer Please contact us at: [email protected] [email protected] [email protected]

DAY OF SERVICE AT EDEN HOUSE On Saturday, November 8, 2014, the FBA held its annual Day of Service at Eden House, a residential program for women who have been commercially and sexually exploited. Eden House provides six to eight women a safe and supportive home for two years, free of cost, as they make their journey back to a normal life. During their stay, the women of Eden House will also receive the counseling, education, and job training services they need to lay the groundwork for their future success. As part of the Day of Service, FBA members, in union with Rebuilding Together New Orleans, spent the day painting the Eden House facilities. With the strong turnout and good weather, the volunteers were able to finish a large portion of the home’s exterior walls and porch areas.

The FBA received a special letter of thanks from Marybeth Corazzini, Executive Director of Eden House. In it, she thanked the association for its support and detailed the services that residents will receive thanks to the efforts of supporters like the FBA, including health and dental care, legal services, and art therapy. Ms. Corazzini invites members of the FBA to take advantage of the twice-monthly tours offered by Eden House to visit and see firsthand the important services that the FBA’s efforts are helping to support. Westin Canal Place • New Orleans New • Place Canal Westin THE ADVOCATE 2015 March 12-13, see schedule on reverse (after January 30, 2015) (after January 30, 2015) Benefits Employee Issues Developing discrimination Emerging issues in stereotyping cases bias Implicit accommodations Reasonable Handling difficult issues . 25, 2015 Feb. before • • TITLE VII • • ADA/FMLA • • ETHICS OF SAME-SEX IMPACT DECISIONS MARRIAGE Registration Regular $350 FBA Member $450 Nonmember watch cases to

| www.fedbar.org (on or before January 30, 2015) January(on or before 30, 2015) Agenda EEOC Enforcement and Current Initiatives NLRB Update Supreme CourtRecent Supreme CourtPending Courts Issues in the Circuit Developing decisions WHISTLEBLOWER LAW WHISTLEBLOWER A VIEW FROM THE BENCH A VIEW FROM Follow the FBA:Follow RECENT DEVELOPMENTS IN RECENT DEVELOPMENTS UPDATES AGENCY • • EMPLOYMENT LITIGATION ISSUES: LITIGATION EMPLOYMENT ESSENTIAL EEO UPDATE • PLANNED TOPICS INCLUDE: • $200 Special Rate members Section who register Labor & Employment • Early Bird $300 FBA Member $400 Nonmember CONFERENCE FEES March 12-13, 2015 12-13, March Orleans New • Place Canal Westin Register by JanuaryRegister by $50! 30 to save and register today! Visit www.fedbar.org THE ADVOCATE Seminar Schedule 4:15–5:15 p.m. 3:15–4:15 p.m. 3:00–3:15 p.m. 2:00–3:00 p.m. 1:50–2:00 p.m. 12:30–1:50 p.m. 12:15–12:30 p.m. 11:15 a.m.–12:15p.m. 10:15–11:15 a.m 10:00–10:15 a.m. 9:00–10:00 a.m. 8:45–9:00 a.m. 8:00–8:45 a.m. Thursday, March12 11:30 a.m.–12:30p.m.DIFFICULT ISSUES INVOLVING ADA/FMLALEAVES ANDABSENCES 11:00 –11:30a.m. 9:00 –11:00a.m. 8:45 –9:00a.m. 8:00 –8:45a.m. Friday, March13 James Sacher, HoustonDistrictOfficeRegionalAttorney, U.S.EqualEmploymentOpportunityCommission Tennessee Hon. CharmianeG.Claxton,U.S.MagistrateJudge,DistrictCourtWestern Districtof EMPLOYMENT LITIGATION ISSUES:AVIEWFROMTHEBENCH Janis Van Meerveld,Adams&Reese,LLP Karleen J.Green,PhelpsDunbar, LLP WINDSOR-ISSUES FOREMPLOYMENTLAWYERS Break Stephen M.Kohn,NationalWhistleblowerCenter RECENT DEVELOPMENTSINWHISTLEBLOWERLAW Break Hon. StephenA.Higginson,U.S.CourtofAppealsfortheFifthCircuit ETHICS PRESENTATION Luncheon Break Robert J.Valli, Jr., Valli Kane&Vagnini, LLP Brooks Eason,Baker, Donelson,Bearman,Caldwell&Berkowitz,PC STEREOTYPING DISCRIMINATION CASES IMPLICIT BIASANDOTHEREMERGINGISSUESIN Wanda PateJones,NLRBRegionalDirector, DenverOffice Kathleen McKinney, NLRBRegionalDirector, NewOrleansRegionalOffice NLRB UPDATE /CURRENTINITIATIVES Break Employment OpportunityCommission Gregory T. Juge,NewOrleansFieldOfficeSupervisory Trial Attorney(Acting),U.S.Equal EEOC ENFORCEMENTAGENDA/UPDATE Matt Moreland,FBANationalPresident Welcoming Remarks Continental Breakfast/Registration Debra J.Fischman,SherGarnerCahillRichterKlein &Hilbert,LLC Sidney F. LewisV, JonesWalker, LLP Break Al Latham,PaulHastingsLLP THE ESSENTIALEEOUPDATE Opening Remarks Continental Breakfast To register, visitwww.fedbar.org.