Summer Edition 2019 Vol. 28, No. 4 MESSAGE FROM THE PRESIDENT BY: KATHRYN KNIGHT It’s summertime, and the New is always well-attended, this year’s audience became Orleans Chapter of the Federal actively engaged with the speakers, who illustrated their Bar Association is HOT! That points with various hypothetical scenarios that captured is, the Chapter is having a busy everyone’s attention. The very next day, another engaging and exciting summer, and we panel explored issues arising in litigation of recreational want to share with your, our boating accidents. members and readers, all that we accomplished recently and all So as not to be all work and no play, the Chapter also that we have going on during the hosted several lunches with the Court, including our last quarter of our work year. newest Magistrate Judge, the Honorable Dana Douglas, in April; the Honorable in May; and As you will read in the pages that follow, the Chapter Federal Public Defender Claude Kelly III in June. These offered a wealth of continuing legal education programs lunches present wonderful opportunities for practitioners and other events during the spring, starting with the very to get to know our Federal Judiciary and other Court active Admiralty Law Committee’s March presentation officials in a smaller setting. Although geared primarily regarding the unique aspects of a maritime personal toward younger lawyers, all practitioners are welcome to injury case. This was followed by the Federal Practice register for these events (although spaces for each lunch Series in April and May. During lunch sessions over are limited). a four-week period, panels pairing members of our federal judiciary with local practitioners addressed In addition to the lunches, our Younger Lawyers’ some of the latest developments in federal practice Division also hosted an evening wine pairings class at involving effective pleading, discovery and e-discovery Martin Wine Cellar’s Uptown location in mid-May and battles, deposition strategy, and advocacy before the a “thank you” coffee break in mid-June at Dee’s Coffee. Fifth Circuit. Also in April, the Chapter hosted a Meet the Bench moderated by Fifth Circuit Judge Clement, The Younger Lawyers’ Division then kicked off the during which Judges Engelhardt, Ho and Oldham shared Chapter’s summer programming by hosting the annual some of their experiences, practices, and preferences as Morning at the Federal Courthouse on June 19th. This appellate judges. was followed by the three-day Justice Camp program presented to ninth and tenth grade high school students, May brought the 27th Annual Judge Alvin B. Rubin which culminated with the students serving as jurors Symposium, with a fascinating panel discussion during a mock trial. Upcoming programs include a Title of ethical and professional issues encountered by VII CLE in July and a comparison of state and federal practitioners using social media and other forms of rules of civil procedure in August. emerging technology. While the Rubin Symposium cont’d on page 2

Editorial Board: Larry Centola, Colin Cambre, Megan Dupuy, Meghan Senter MESSAGE FROM THE PRESIDENT (CONT’D) The Chapter’s work this year will culminate with our folks, the Chapter is able to offer quality CLEs addressing Annual Meeting & Luncheon on Thursday, August 22, cutting-edge topics and recent developments to foster 2019, at The InterContinental . During this professional growth of our members and others in the time, we will present our annual awards—the President’s legal community. In addition, a special thanks is due Award, the Jack Martzell Professionalism Award, and the to our Executive Director, Amanda Kaiser, who truly is Camille Gravel Pro-Bono Public Service Awards; elect the backbone of this Chapter. Amanda works tirelessly officers and directors for the 2019-20 Board year; and I to shepherd all that we do, both behind the scenes and will pass the gavel to our President-Elect, the Honorable center-stage. So, thank you, Amanda! We sincerely . As mentioned in my message appreciate your hard work, dedication, and invaluable in the Spring newsletter, our keynote speaker will be assistance. Saad M. Soliman, who is an expert in ex-offender re- entry and workforce development. Please plan to attend. I hope each of you reading this edition of The Advocate has benefitted in some way from the Chapter’s work This is my last message in The Advocate as your this year. If you have, please consider “giving back” by President, and it’s difficult to believe that it has been volunteering your time and talents. A new year starts on almost a year since Raley Alford passed the gavel to me September 1st, and we would welcome your participation at the 2018 Annual Meeting. I would like to thank the and active involvement in the Chapter. At the very least, Executive Committee, Board of Directors, Committees, please let us hear from you with your comments and and the Younger Lawyers’ Division for all of their hard ideas. work this year. This Chapter is successful because of their dedication and diligence, along with other Chapter Hope to see you at the Chapter’s Annual Meeting in members who volunteer their time and talents for the August. Until then, enjoy summertime in New Orleans— benefit of others. Through the work of these talented and stay COOL!

MEET THE BENCH with FIFTH CIRCUIT JUDGES On April 30, 2019, the New Orleans Chapter held our second “Meet the Bench: Fifth Circuit” program. This year’s event was moderated by Fifth Circuit Judge Clement and featured a panel discussion with Circuit Judges Ho, Engelhardt and Oldham.

Eastern District of Chief Judge Nannette Jolivette Brown welcomed just over 50 attendees for this year’s program before turning the program over to Judge Clement. Judge Clement began with asking each panel member to describe their education and experience before joining the Fifth Circuit before jumping into practical questions about brief-writing and oral advocacy. The panel members shared some “do and don’ts” and provided their insights on effective advocacy. The panel stressed the importance of knowing the record and accurately representing the law and facts to the court, both in briefs and in response to questions during oral argument. The panel also shared some insight from their own judicial clerkships and how those experiences have informed current practices in their own Chambers.

After the session, attendees and the judges enjoyed some light refreshments. Attendees received one hour of Professionalism CLE credit for attending the event. Hon. Andrew S. Oldham, Hon. Kurt D. Engelhardt, Hon. James C. Ho and Hon. Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. THE ADVOCATE 3

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Unique Aspects Legal Issues Encountered in the Legal Issues Encountered Chuck Bourque, Irving Warshauer Warshauer Chuck Bourque, Irving Irving Warshauer (moderator) and (moderator) and Warshauer Irving Legal Skills as Life Skills. (moderator) and Jedd Malish presented on (moderator) and Jedd Malish presented Litigation of Recreational Boating Incidents. Litigation of Recreational Stevan Dittman, Hon. Daniel E. Knowles, III, Stevan Dittman, Hon. of Handling a Maritime Personal Injury Cas of Handling a Maritime Michael McAlpine presented the Michael McAlpine participating in the civil discourse program, KIPP Booker T. Washington High School students High School students Washington T. Booker KIPP The

grade students from KIPP Booker T. Washington Washington T. Booker grade students from KIPP th

OUTREACH PROGRAM OUTREACH Jedd Malish and Chuck , ADMIRALTYLAW CLES COMMITTEE Issues Encountered in the Litigation the in Issues Encountered

On April 1, 2019 the Federal Bar Association hosted 10 April 1, 2019 the Federal Bar On appreciates Jedd and Chuck’s contributions to this event. contributions to this appreciates Jedd and Chuck’s the street from the courthouse. The committee very much The committee the street from the courthouse. many of them went to “Wednesday at the Square” across Square” the at “Wednesday to went them of many found this discussion very interesting, and after the program, found this discussion very interesting, Personal Injury Case – Views from the Bench and Bar. Bench and Bar. the from Injury Case – Views Personal CLE credit, received who Those in attendance, cases. death Unique Aspects of Handling a Maritime a Maritime Aspects of Handling Unique discussion, panel discussion, Legal panel in damages and recoverable liability, for criminal potential On March 14, 2019, the Admiralty Law Committee held a held Law Committee Admiralty 14, 2019, the On March was on May 22, 2019. During this event next committee’s The the owner to a passenger, court, the duty owed by a vessel occurred on navigable waters, filing in state court vs. federal vs. court state in filing waters, navigable on occurred hour of CLE credit. topics including the significance of whether the incident enjoyed by the attendees and for which they received one for which they received and attendees enjoyed by the Boating Incidents of Recreational presented on various Bourque, with Irving again moderating, put into this informative program, which was thoroughly program, put into this informative Knowles, Michael and Stevan for the time and effort they and effort time for the and Stevan Knowles, Michael punitive damages, and limitation of liability. We thank Judge We of liability. and limitation punitive damages, status, unseaworthiness, maritime wrongful death actions, actions, wrongful death maritime unseaworthiness, status, such issues as admiralty jurisdiction, seaman and vessel and seaman jurisdiction, admiralty such issues as Warshauer served as the moderator. The panelists discussed The panelists the moderator. served as Warshauer (Ret.), Michael McAlpine, and Stevan Dittman, and Irving and Irving and Stevan Dittman, McAlpine, (Ret.), Michael panelists were U. panelists E. Knowles, III Judge Daniel S. Magistrate their own mock trial team at Booker T. Washington. T. their own mock trial team at Booker students involved have expressed interest in starting volunteers and students. Following the program theprogram the Following students. and volunteers It was a unique learning experience for both attorney based upon the arguments presented by their classmates. presented by their classmates. based upon the arguments Magistrate Judge Roby, and others participated as jurors and others Magistrate Judge Roby, hearing. Several of the students fielded questions from were counseled by the attorney volunteers for a mock problem solving on conflict resolution, the students and Michael Ecuyer. After some initial discussions and and Michael Ecuyer. by attorney volunteers Erin Arnold, Brian J. Capitelli by attorney volunteers Erin 2001 (2015). The Honorable Karen Wells Roby presided over the program. The students were counseled Roby presided over the program. Wells The Honorable Karen 2001 (2015). Elonis v. , 135 S.Ct. in Elonis v. fact pattern similar to the presented in the Supreme Court decision outreach project initiative by the National Federal Bar Association. The program involved a hypothetical Association. outreach project initiative by the National Federal Bar School for a Civil Discourse and Difficult Decisions Program. The program was part of a national community national a of part was program The Program. Decisions Difficult and Discourse Civil a for School EVENING WITH THE FBA – MARTIN WINE CELLAR On May 15, our FBA chapter continued the tradition of exploring local, non-legal subjects after work by teaming up with the experts at Martin Wine Cellar for a fun and informative wine-pairing event. Thirty FBA members—oenophiles and novices alike—explored the dynamics of food and wine interactions, while learning what to consider when selecting a wine to enjoy with dinner. The carefully selected pairings let our members not only gain useful pointers, like acidic foods pair well with acidic wines, but actually experience how Martin’s fresh, house-made ceviche improve the taste of a crisp Spanish Albariño yet leave a smooth and buttery California Chardonnay tasting bland (until it was brought to life by Martin’s rich and creamy crawfish tarts). Attendees raved about this gastronomical (and educational!) experience, and we encourage you all to come out next time and join us for an Evening with the FBA!

Brendan Curtin & Rebecca Cooper planned an Evening with the FBA at Martin Wine Cellar.

Attendees at the May 15th Evening with the FBA at Martin Wine Cellar.

MORNING AT THE FEDERAL COURTHOUSE The Younger Lawyers Division hosted the annual Morning at the Federal Courthouse event on Wednesday June 19, 2019. The event was well attended by both young lawyers and law students with summer clerkships at local firms. District Judge Lemelle and Magistrate Judge Douglas welcomed the participants to the Eastern District Courthouse and to the program. The Federal Court from a Clerk's Perspective The judges of the Eastern District opened panelists Brittany Wolf, Rebekka Veith, their courtrooms to permit the participants Trinity Brown and Vivana Aldous. to observe various civil, criminal, and bankruptcy proceedings and the FBA Oral Advocacy: What to do Once provided several CLE programs designed You’re in the Courtroom to help participants prepare for practice panelists Jeanette Riggins, and for their first court appearance. Hon. Dana Douglas and After the program, participants had the Jill Craft. opportunity to enjoy lunch and a tour of the Fifth Circuit building. The YLD and the CLE committee appreciate the warm Preparing Yourself for Success in Your Federal welcome that the Eastern District Judges Practice panelists Tony DiLeo, Hon. Janis van Meerveld and Celia Rhoads with gave to the participants and look forward Morning at the Federal Courthouse planners to next year’s program. Chloé Chetta and Arthur Kraatz. THE ADVOCATE 5 Marbury The Fourth Amendment Scott through Brown. LANDMARK CASES PROJECT Similarly, our members and volunteers value the time spent with the students. our members Similarly,

The International High School of New Orleans with arguments in front with arguments of Judge van Meerveld. 2018-19 civics program students concluded their

Many YLD members volunteered with the program throughout the year, developing the curriculum, developing the year, YLD members volunteered with the program throughout the Many McBride, Alysson Mills, Paige O’Hale, Lacey Rochester, Jonathan Trunnell, and Jake Weixler. and Jake Trunnell, Jonathan Alysson Mills, Paige O’Hale, Lacey Rochester, McBride, Amond, Alex Aughtry, Carlos Benach, Rebecca Cooper, Eric Foley, Sara Johnson, Palmer Lambert, Annie Sara Johnson, Palmer Lambert, Eric Foley, Carlos Benach, Rebecca Cooper, Aughtry, Alex Amond, teaching classes, and chaperoning field trips. We particularly wish to recognize the contributions of: Kristen of: contributions the recognize to wish particularly We trips. field chaperoning and classes, teaching

and how it provides skills that extend beyond the courthouse. and how it provides skills that extend court preparations. This community service inspires a profound appreciation of the administration of justiceof administration the of appreciation profound a inspires service community This preparations. court Volunteers have often made themselves available through email for additional work on the essay and moot have often made themselves available through email for additional Volunteers

Chapter has spent with them. programming in the coming school year. Students and faculty are deeply appreciative of the time our Students and faculty are deeply appreciative year. programming in the coming school International High School of New Orleans is ongoing and its members look forward to building on existingInternational High School of New and the great legal debates in history, the program sought to give practical life skills. The YLD’s work at YLD’s The life skills. the program sought to give practical and the great legal debates in history, Furthermore, by exposing students to the bench and bar, legal career options, the administration of justice, to the bench and bar, Furthermore, by exposing students The skills acquired in this program promote dialogue, mediation, and a deep appreciation of the rule of law. law. rule of of the a deep appreciation and promote dialogue, mediation, in this program The skills acquired complement to the classwork. factored the Moot Court evaluations into their grades, highlighting the value placed on the program and its into their grades, highlighting the value placed on the program factored the Moot Court evaluations in the federal system, and the skills required to fully engage as active citizens. The students’ teachers also The students’ required to fully engage as active citizens. in the federal system, and the skills educating young people in the community about constitutional rights and federal law, career opportunities about constitutional rights and federal law, educating young people in the community Dred Dred slavery and segregation, from fourth class addressed was the culmination of an academic year devoted toThe time spent at the courthouse Janis van Meerveld. led students on a field trip to the National WWII Museum to view an exhibit on Japanese internment. The Judge in front of federal magistrate the opportunity to argue April 15, where students had Moot Court on discourse. The first classwas an introduction to constitutional rights. The second class covered YLD the Following this class, and the war on terror. focusing on Japanese internment power in wartime, for a the students into the federal courthouse YLD brought the before of oral argument on the mechanics public service, and private practice volunteer lawyers, the classes were designed to teach and encourage civil the classes were designed to teach private practice volunteer lawyers, public service, and constitutional limits on executive third class, students learned about In the and judicial review. Madison v. as it applies to school searches was the subject of students’ fifth class. Students had an additional class cases. The classes coincided with the school’s Civics curriculum. Led by a diverse group of government, Civics curriculum. with the school’s The classes coincided cases. day. Now in its fourth year, the YLD’s programming included a year-long series of classes on landmarkseries of classes year-long included a programming YLD’s the its fourth year, Now in day. students and shared with them, for use in their own lives, conflict resolution skills that lawyers use every the Central Business District. Through a series of programs, the YLD built relationships with the school’s the school’s with YLD built relationships the a series of programs, Through Business District. the Central International High School of New Orleans (IHSNO), a public, college preparatory charter school located in charter school college preparatory (IHSNO), a public, of New Orleans High School International with Project Cases its Landmark continued (YLD) Division Lawyers Younger chapter’s year our This LUNCH WITH THE HON. DANA DOUGLAS The Honorable Dana Douglas, United States Magistrate Judge for the Eastern District of Louisiana, hosted the Younger Lawyer’s Division Lunch with the Court on Tuesday, April 16, 2019. Judge Douglas discussed her recent transition from private practice to the bench, and the most important “people” skills that young lawyers should develop – including respect and collegiality. Judge Douglas confirmed that Section 3’s practice is to set motions for oral argument. She encourages young lawyers who provide substantial assistance in drafting Judge Douglas, United States District Court for the Eastern District of Louisiana, motions to request opportunities to argue before is pictured with the April Lunch with the Court attendees. the Court. The YLD extends a warm welcome to Judge Douglas, and sincerely thanks her for involvement in FBA programming so early in her tenure.

LUNCH WITH THE HON. SUSIE MORGAN The Honorable Susie Morgan, U.S. District Judge for the Eastern District of Louisiana, hosted the Younger Lawyer’s Division Lunch with the Court on Friday, May 17, 2019. Judge Morgan discussed the progress of the New Orleans Police Department Consent Decree, and internship opportunities for law students. She further noted that lawyers and law students alike should focus on improving their written advocacy, as most motions are heard Judge Morgan, United States District Court for the Eastern District of Louisiana, is pictured with the May Lunch with the Court attendees. on the briefs in federal court. Finally, she highlighted that properly alleging citizenship for LLC members remains a challenge in lawsuits heard on diversity jurisdiction. The parties should keep in mind that jurisdictional discovery is available in such cases.

LUNCH WITH FEDERAL PUBLIC DEFENDER CLAUDE KELLY III

On June 18, 2019, the Younger Lawyers Division hosted another “Lunch with the Court” featuring Federal Public Defender, Claude J. Kelly III. Mr. Kelly discussed his career dedication to criminal law and ways to improve the practice in our district. The Lunch with the Court series will begin again in the Fall, and dates will be posted on www. nofba.org.

Federal Public Defender Claude Kelly III is pictured with the June Lunch with the Court attendees. 27TH ANNUAL RUBIN SYMPOSIUM THE ADVOCATE On May 21, 2019 local practitioners gathered at the Eastern District courthouse for the Federal Bar Association 27th Annual Rubin Symposium in honor of the late Judge Alvin Rubin who served as both United States District Judge and Judge on the 5th Circuit Court of Appeals. The Symposium’s featured panelists this year included local attorneys William M. Ross, of Stanley, Reuter, Ross, Thornton Alford, LLC.; James A. Brown of Liskow & Lewis; and Steve Scheckman of Schiff, Scheckman & White, LLP. Chief Judge Nannette Jolivette Brown moderated the panel.

The participants were treated to an interactive discussion of the everchanging ethical and professional issues presented by Facebook and other social media platforms. The topics covered jury selection, investigative dilemmas and appropriate contact with witnesses and opposing parties in the digital age. The continued nature of the potential and pitfalls of social media across all practice areas lent itself to a lively discussion with the panelists. The Federal Bar Association would like to thank all of those members who devoted their time and work to plan the Rubin Symposium including Chief Judge Nannette Jolivette Brown, Brian J. Capitelli, Sarah Rubin Cohen, and Alida Hainkel.

Panelists, planning committee and Rubin family at the 27th Annual Judge Alvin B. Rubin Symposium, Facebook and Beyond: Avoiding Ethical and Professional Pitfalls and Potholes in the Digital Age. YLD CHAIR'S MESSAGE BY: SARA JOHNSON

As the board year winds this program a success that is sure to be repeated down, a heartfelt thank you in the future. is in order for the members The YLD introduced summer law clerks to federal of the YLD Board. They practice at the Morning at the Federal Courthouse have worked hard to put on program. After the program, attendees toured dozens of great events this the Fifth Circuit. The Fifth Circuit librarians year. have studied the building’s history and have put The YLD’s Lunch with the together a compelling exhibit that is worth a visit. Court series finished this Chloe Chetta and Arthur Kraatz are responsible year with three fantastic lunches with our new for organizing the program and the panels of Magistrate Judge Dana Douglas, District Judge diverse and respected attorneys. Susie Morgan, and Federal Public Defender Finally, our membership appreciation event at Claude Kelly. These lunches regularly sell out and Dee’s Coffee was a hit, thanks to planning by wouldn’t be possible without our hosts’ dedication Jonathan Forrester and Paige O’Hale. Paige has to the program. done great work as the Membership Committee Evenings with the FBA recently took us to Martin’s Chair and will be joining the YLD’s Executive Wine Cellar, where the staff put on a terrific Committee as Treasurer. sampling of wine and small bites to demonstrate We look forward to seeing everyone on July 10 at how to pair wine with food. A special thank you to 5:00 p.m. for Cocktails with the Court at the Ace Brendan Curtin and Rebecca Cooper for making Hotel. 7 FIFTH CIRCUIT COURT OF APPEALS CLERK’S OFFICE UPDATE BY: LYLE CAYCE

Recently, I read a customer relations survey of individuals who interacted with federal government agencies. The results were quite sobering -- participants rated federal agency customer service lower than state government agencies -- but also lower than the electric utility, mobile phone, credit card, and cable and satellite TV industries. As you imagine, I was more than slightly relieved to discover that federal courts were not evaluated in the survey. Regardless, the article made me wonder how attorneys would rate our customer service, because we take pride in our work and want to improve. Some organizations seek to improve customer service by asking employees to apply the “golden rule” and treat the public as the employees would like to be treated. As clerk, I ask employees to apply the “platinum rule” and treat our customers the way the customers themselves want to be treated. That is a high standard, especially since an attorney’s opinion of our service could be influenced by whether the attorney wins or loses the appeal, matters beyond our control. So, we focus on providing courteous, responsive service while trying to see things from a lawyer’s perspective and change procedures to make it easier to practice in our court. A good example of such an effort was our recent modification of CM/ECF to permit attorneys to e-file documents or manage their cases directly from the landing screen. Now, when attorneys log in to our court, the first thing they see is a list of the deadlines for all appeals in which they have filed an entry of appearance. The attorney can sort this work by case number, party name, date due, or item type. If the attorney is ready to file a pleading in a case, the attorney can click on that entry on the screen, and a hyperlink will take the attorney directly to e-filing for that case. Attorneys (especially those with multiple appeals in our court) have advised us that these are very helpful features which they wish were available in other courts. We were the first court (and to date, the only court) to offer these services, but we are confident developers will include these features in future releases of appellate, district, and bankruptcy CM/ECF. Another customer service effort was our providing attorneys a real time review of pleadings at docketing. Again, we are the only federal court to provide this service. We developed the program primarily to avoid our office and attorneys having to spend time correcting deficient briefs. The program examines briefs during e-filing to ensure compliance with FRAP and local rules, looking for matters such as missing required contents and signatures, erroneous captions, incorrect margins, incorrect font size, and excessive volume/word count. If the program finds deficiencies that would cause rejection of the brief, a pop-up lists and explains the deficiencies, permitting the attorney to make corrections before filing the document. We are pleased this service is proving to be most helpful to the bar. During May 2019, for example, the program reviewed 415 briefs and determined that 87 had deficiencies that would likely cause rejection. When the pop-ups notified attorneys of the errors, 76 attorneys immediately made corrections and filed briefs with no deficiencies. The remaining 11 attorneys did not make corrections, and (not surprisingly) we later rejected their briefs and required them to correct and refile the briefs. In the defense of those attorneys, however, most filed the briefs near the end of the day on the deadline. In fact, an extension was available for these attorneys, had they requested it, because when the program sees a brief filed on the due date has deficiencies, it offers an automatic extension of up to three working days to permit correction of errors (except when the case has been expedited). We prefer attorneys obtain the extension rather than docket a deficient brief that will later be rejected and require correction. We promise to always strive for platinum service in our interactions with the bar. We would love feedback, positive or negative, so that we can improve or sustain support. We especially seek ideas on how we could provide better services or simplify requirements for practice. You may provide such input by contacting our help desk at [email protected].

THE ADVOCATE 9

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to 10 August 9 August Rachael Catalanotto reas of reas a There is no cost to attend this event! Similarities and Differences One Hour CLE followed by by CLE followed Hour One ersus FederalRulesCivil of Procedure the federal practitioner, both public and private, the federal judiciary and the public public and the judiciary federal the private, and both public practitioner, federal the Hon. William Knight Hon. William v

etween Notice and Fact pleading etween and Fact Notice Amanda Kaiser LA 70433 LA , and the , and 7990 or by 7990 or at email by State imilarities and imilarities and about the similarities and differences in the state and federal federal rules procedure civil similarities and the state in the of about differences and will moderate a disc will moderate a ifferences between State and Federal Rules regarding Rules and State between Federal regarding differences s August 9, August 9 2019 at 589- Disclosures and other Disclosures and Pre - difference b difference St. Tammany Parish Justice Center, 22nd 701 N. Columbia Center, Street, Judicial Justice Parish St. Court, District Tammany – EDLA Notable Notable of rules local importance The Initial Notable Notable The Exceptions Rule 12 Motion and Practice

distinctions with significance. distinctions with significance. 2019 at 9am2019 at federal and state practice and procedure. In this seminar, the panel will address key topics such will topics address key thisa seminar, panel practice the and state procedure. In and federal state courts who must be familiar with the nuances among the who must the nuancesever be with courts among state familiar • • • • • • Please join the New Orleans Chapter of the Federal Bar Association, the of the Bar Association, OrleansFederal join Chapter the New Please and the 22nd Judicial District Court as they welcome Judicial the the 22nd they Courtand District as Court Association, The mission of the Association is to strengthen the federal legal system and administration of justice by serving serving by justice of and administration system legal federal the strengthen to is the Association of mission The Location: Covington, 3rd Floor, 1 Hour of Continuing Legal Education of Continuing CLE:Legal 1 Hour Date & Time: & Date To Register: Contact To Register: 504 at phone the interests ofthe and interests the needs Notice of Annual Meeting and Election of Officers and Directors August 22, 2019

The New Orleans Chapter of the Federal Bar Association will host its Annual Meeting and Awards Luncheon on Thursday, August 22, 2019, at The InterContinental New Orleans. A cocktail reception will begin at 11 a.m., with a luncheon to follow at noon. Our honored guest and keynote speaker will be Saad M. Soliman.

The cost to attend the luncheon is $60 per person. Reserved tables, seating ten people, may be reserved for $600 per table. There will be open seating for those who are attending individually. Please note that there is limited seating and reservations will be accepted on a first-come basis. Table seating locations will be determined by the date of payment. Reservations should be made no later than August 15, 2019.

Please direct registrations to Amanda Kaiser, Executive Director, by fax at (504) 589-7995, by email at akaiser@ nofba.org, or regular mail at the Federal Bar Association, 500 Poydras Street, Rm. B-245, New Orleans, Louisiana 70130.

In accordance with the Chapter’s By-Laws, Hon. Nannette Jolivette Brown, our current President-Elect, will automatically succeed Kathryn M. Knight, as President of our Chapter. Election of the remaining officers and directors will take place at the Annual Meeting. The Nominating Committee has nominated the following:

Chapter Officers (2019-2020) President: Hon. Nannette Jolivette Brown President-Elect: Steven F. Griffith, Jr. Treasurer: Michael J. Ecuyer Recording Secretary: Donna Phillips Currault Membership Chair: Brian J. Capitelli Immediate Past President: Kathryn M. Knight Younger Lawyers Representative: Alysson L. Mills Ex Officio: Amanda Kaiser, Executive Director Hon. William Blevins, Clerk of Court, EDLA

Chapter Board of Directors (2019-2020)

W. Raley Alford, III Duane Evans Stephen G.A. Myers Erin K. Arnold Kathleen C. Gasparian Kim Ngan Nguyen John Balhoff, II Hon. Gordon Hon. Michael North Hon. Carl J. Barbier Meredith S. Grabill Andrea M. Price Vanessa Beary Alida C. Hainkel Kelly Rabalais Sean P. Brady Stephen Herman Elizabeth S. Sconzert Cory R. Cahn Claude J. Kelly, III Scott L. Sternberg Colin B. Cambre Hon. Mary Ann Vial Lemmon Diana Surprenant Hon. Lyle W. Cayce Carey L. Menasco Hon. Janis van Meerveld Lawrence J. Centola, III Diana Mercer Hon. Wendy B. Vitter José R. Cot Hon. Jane Triche Milazzo Sharonda R. Williams Hon. Dana M. Douglas Hon. Susie Morgan

Annual Meeting and Awards Luncheon Thursday, August 22, 2019 11 am Cocktail Reception ~ 12 Noon Luncheon The InterContinental New Orleans Keynote Speaker: Saad M. Soliman

Saad M. Soliman is the founding Executive Director of the Peers Mentoring Center and Peace by Piece Inc. He is a Subject Matter Expert in Ex-Offender Re-Entry and Workforce Development. Mr. Soliman has been integral in the advancement of economic development policies relating to the intersection where reentry meets economic development, family reunification and refining recruitment for the growth of enterprise.

Mr. Soliman became the first felon ever hired by a United States Attorney’s Office in 2011 and was the Reentry Specialist for the United States Probation Office, District of Delaware. Additionally, Mr. Soliman served as the first Peer Support Specialist on the core team of the District’s first Federal Reentry Court for the United States District Court, District of Delaware.

Mr. Soliman has worked, in various capacities, with adjudicated youth, and directly with re-entering citizens through a family reunification, economic development, cognitive correction and a community corrections approach. Utilizing evidence-based modalities, Mr. Soliman has created unique and specific programming that caters directly to the needs of this population and enhances the overall objective of enhancing public safety through economic development and wealth creation. In fact, the data suggests that typical expectations and recidivism rates are positively affected as a result of participation in these programs.

Mr. Soliman has been called on to keynote in a variety of forums including TEDx Wilmington, corporate trainings, college events, and national conferences. Mr. Soliman currently is a member of several governmental advisory committees and councils as well as JustLeadership USA Fellow and is a successful entrepreneur and social enterprise creator, executive leadership advisor, and policy advocate.

R.S.V.P. by August 12, 2019 Annual Meeting Reservation Form

Individual/Firm Name: ______

ADDRESS: ______

PHONE NUMBER: ______EMAIL ADDRESS: ______

INDIVIDUAL TICKET(S) ($60/PERSON): ______TABLE(S) ($600/RESERVED TABLE OF 10): ______(Please include names of attendees on separate paper. Final table and seating location will be determined by the date of payment. Open seating for individuals. Reserved tables will be identified with the name of the firm or organization.) AMOUNT ENCLOSED: ______

VISIT WWW.NOFBA.ORG FOR MORE INFORMATION.

Please return Annual Meeting Reservation Form to the New Orleans Chapter of the Federal Bar Association, 500 Poydras Street, Rm. B-245, New Orleans, Louisiana 70130. All cancellations must be received in writing by August 12, 2019. For additional information, please contact Amanda Kaiser by phone at (504) 589-7990 or by email at [email protected]. Why FBA?

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THREE WAYS TO JOIN TODAY: Apply online at www.fedbar.org/join; send application by fax to (571) 481-9090; or by mail to FBA, P.O. Box 79395, Baltimore, MD 21279-0395. Questions? Contact us at (571) 481-9100 or [email protected].

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(Signature must be included for membership to be activated) *Contributions and dues to the FBA may be deductible by members under provisions of the IRS Code, such as Card No. Exp. Date an ordinary and necessary business expense, except 4.5 percent which is used for congressional lobbying and is not deductible. Your FBA dues include $15 for a yearly subscription to the FBA’s professional magazine. Signature Date FEDERAL PRACTICE SERIES The New Orleans Chapter held its fifth annual Federal Practice Series program during March and April 2019. The program, chaired by Chapter Board member Stephen Myers, consisted of four separate lunchtime CLE sessions presented by federal judges paired with experienced practitioners. The series examined core federal practice topics, offering guidance on the applicable rules and law, practical insights on procedure and a wealth of practice tips.

The series began on March 19, 2019, with a CLE on “Shaping Hon. and Raley Alford presented Litigation through Effective Pleading: Perspectives from the Bench Shaping Litigation through Effective Pleading and Bar.” Presenters included the Honorable Barry W. Ashe of the at the March 19th Federal Practice Series. Eastern District of Louisiana and Raley Alford of Stanley, Reuter, Ross, Thornton & Alford. With a lively discussion from those in attendance, the presenters discussed subtle and sometimes overlooked considerations when preparing pleadings in federal court, as well as the nuts and bolts of what and how much information to include when drafting federal complaints and answers.

The second installment of the 2019 series was held on March 16, 2019 with the Honorable Michael North of the Eastern District of Louisiana and Andrew R. Lee of Jones Walker. Through a series of amusing Andy Lee & Hon. Michael North presentated on anecdotes and an outstanding slide deck, Judge North and Mr. Lee Trench Warfare: Written Discovery and addressed “Trench Warfare: Written Discovery and E-Discovery E-Discovery Battles on March 26th pictured with Battles” and led the audience through the brave new world of the Federal Practice Series chair Stephen Myers. e-discovery in federal courts, while also addressing more traditional written discovery battles that face all practicing attorneys.

The next CLE, held on March 23, 2019, addressed “Deposition Strategy, Practice, and When to Seek Judicial Intervention.” The Honorable Karen Wells Roby and Kim E. Moore of Irwin Fritchie Urquhart and Moore covered the ethical and professional standards that practitioners should follow when participating in depositions in federal proceedings, and then turned to what to do in instances when the opposing counsel refuses to do so (including how to respond when opposing counsel begins singing deposition objections to the tune of Kim Moore and the Hon. Karen Wells Roby presented on Deposition Strategy, Practice, and “Let it Go” from the Disney movie Frozen). When to Seek Judicial Intervention on April 2nd. This year’s final presentation in the series was a CLE on “Advocacy before the 5th Circuit: Appeals and Interlocutory Relief,” held on April 9, 2019. The panel, composed of the Honorable Stephen A. Higginson and Andrea Mahady Price of Barrasso, Usdin, Kupperman, Freeman, and Sarver, provided invaluable insights on how appeals are evaluated at the United States Fifth Circuit and how to most persuasively present arguments to that Court for the benefit of your clients.

A special thanks is owed to all the distinguished panelists. We look forward to next year’s CLE series. In the meantime, please contact Hon. Stephen Higginson and Andrea Price’s Amanda Kaiser via email at [email protected] to suggest topics for 5th Circuit: Appeals and Interlocutory Relief completed the 2019 Federal Practice series. future sessions of the Federal Practice Series. THE ADVOCATE 15 cont’d on page 16 (MSO-433), (MSO-433), he filled nearlywith the exception of operations officer and captain, every officer billet serving as an engineering officer, deck officer, and acting executive officer.Most notably,shiphis where Mariel Boatlift, the participating in recalls he rescuedvessels Guard Coast and Navy other and ofadrift on small boats and pieces Cuban refugees Florida Straits in their efforts wood in the dangerous Cuba. to flee Fidel Castro’s to attend Tulane Ashe returned to After the Navy, graduated magna cum laude andlaw school. He Law Tulane the was the senior managing editor of As Review. the first in hisfamily to obtain a legal that he did not haveAshe acknowledged education, a lawyer woulda fully formed concept of what being instilled in his upbringing encompass. However, public service inhim a desire to involve himself in whatever form that might take. In reflecting on his Ashe states, “It Judge decision to go into the law, seemed to be the best avenue for me to to serve. Even though I did not fully appreciatedesire fulfill my I knew enough toall that being a lawyer entailed, in terms know that lawyers can make a difference service to people.”of service to the community and law clerk to Hon.After law school, he served as a Appeals Court of of the U.S. private practice.for the Fifth Circuit before entering in polishing hisHis year of clerking was invaluable understanding oflegal education and advancing his the law. Private Practice Ashe joined the law firm of StoneWalther Pigman law LLC in 1985, where he practiced Wittmann he handled a for 33 years. Early in his legal career, litigationand commercial wide variety of complex involving securities, antitrust, contract and lease and products liability, disputes, maritime law, amigrated toward Ashe his career, banking. Later in becoming chair concentration in appellate advocacy, appellate practice group. of Stone Pigman’s Firmly abiding by his oath to serve his clients, on as Ashe regarded every case he worked Judge meaningful and important. Nevertheless, in terms of finds Ashe Judge fight, long a follows that reward the the Sid-Mar Restaurant case particularly significant, BY: VIOLET OBIOHA VIOLET BY: HON. BARRY W. ASHE W. HON. BARRY “You cannot live in “You or future. the past we live in isThe day we day, Every today. called to be the are best we can be and weto do the best can do—today. No matter how small a job may

JUDGE, U.S. DISTRICT U.S. JUDGE, COURT FOR EASTERN THE DISTRICT OF LOUISIANA

service on a minesweeper on the U.S.S. Engage an officer in the Navy. During his three years of Upon graduation, Ashe was commissioned as commissioned was Ashe graduation, Upon a specialization in international relations. a Bachelor of Arts degree in political science withArts degree in political a Bachelor of University and graduated summa cum laude with Orleans Parish School Board. He attended Tulane Tulane attended School Board. He Orleans Parish student representative at meetings with the hone his advocacy skills serving as his school’s hone his advocacy skills serving as his school’s days. It was at Ben Franklin that he began to High School, and has fond memories of thoseof memories fond has and School, High Junior High, and Benjamin Franklin Senior Claiborne, McDonough No. 39, F.W. Gregory Claiborne, McDonough No. 39, F.W. Orleans public schools, having attended W.C.C. W.C.C. Orleans public schools, having attended Judge Ashe is also a proud product of New Judge success to his hardworking parents. limited basis. Ashe attributes his and his siblings’ Ashe attributes his and his siblings’ limited basis. after Ashe was born, taught in preschools on a after classroom. She worked as a schoolteacher, and classroom. She worked as a schoolteacher, mother was an educator in both the home and thehome and the both in an educator was mother II and then the Air Force in the Korean War. His War. Korean the in Force Air the then and II Thereafter, he served in the Army in World War War World Army in he served in the Thereafter, Tech and worked to put himself through school. Tech educational resources, his father attended Georgia Georgia educational resources, his father attended beginnings growing up on a farm. Despite limitedbeginnings growing up on a farm. phone company employee, had very humblephone company employee, had their family. His father, an Army veteran andArmy veteran an father, His family. their settled down in New Orleans where they raisedthey Orleans where New in down settled Orleanian. His parents, both Georgia natives, Orleanian. His parents, both Georgia W. W. Ashe is proud to be a first generation New Born and raised in the Crescent City, Judge BarryJudge City, the Crescent in and raised Born Judge Barry W. Ashe Judge Barry W. things tomorrow for yourself and others.”— things tomorrow best way possible enables you to do even betterbest way possible enables you to Recognizing that it must be accomplished in theRecognizing that it must be accomplished be perceived to be, it is important to someone.to important is it be, to be perceived HON. BARRY W. ASHE (cont'd) wherein Stone Pigman represented the restaurant owners in this post-Katrina takings case. He recalls how it “took eight years of struggle at every level of the legal system to push this case to a resolution that allowed the appropriate compensation to be received.” Another case meaningful to Judge Ashe is FDIC v. Mijalis, which he litigated alongside now Judge Sarah S. Vance during their time together at Stone Pigman. In this case, the firm represented the FDIC in an action against bank directors and officers and achieved a multimillion-dollar jury verdict in favor of the FDIC. Judge Ashe remarks, “The FDIC cases were significant because we were acting on behalf of the public to recover monies that had been squandered through the wrongdoing of bank directors and officers.” During his tenure as a private attorney, Ashe received numerous honors and awards. His accolades included Carolyn Dineen Kings, senior circuit judge for the Fifth Circuit, selection as a fellow of the American Academy of Appellate Susan Ashe, and Hon. Barry Ashe at his Jan. 10, 2019 investiture. Lawyers. He was also named to The Best Lawyers in America, Louisiana Super Lawyers, and Chambers USA. notably, on the Lawyers Advisory Committee of the Fifth In 1991, he became a member of Stone Pigman and served Circuit, the Education Committee of the Louisiana Bar on its management committee for nearly 15 years. One of Foundation, and various NOBA committees. The Federal his greatest honors was becoming chair of this committee. Bar Association is near and dear to Judge Ashe’s heart, He states, “It was a great honor and privilege to lead a firm having served as the president of the New Orleans Chapter that consists of so many outstanding lawyers who are all from 2010 to 2011 and serving now as one of the two vice committed to ideals of excellence, stellar representation, presidents of the Fifth Circuit. He is also an active member and delivering the best service possible to clients.” He was of First Baptist New Orleans, serving as the president of its also the recipient of the Federal Bar Association’s New trustees, deacon, Bible study teacher, and choir member. Orleans Chapter John R. “Jack” Martzell Professionalism He also serves on the board of Global Maritime Ministries. Award in 2015. Ashe remained at Stone Pigman until his appointment to the bench. From his ancillary role as school representative to his positions as a law clerk, private attorney, and church member, the goal for Judge Ashe has always been to fulfill Dedication to Service his desire for public service. As a judge, he looks forward Judge Ashe has always maintained a commitment to to serving the public and the bar in this new role. serving others. He strongly believes, “Whether you are an attorney involved in private practice, public service, Transition to the Bench academia, or politics, you have a calling and responsibility to serve your community and people in all the myriad ways On Sept. 28, 2017, and then again on Jan. 8, 2018, Judge that are presented to a lawyer in any of those capacities.” Ashe was nominated to fill a vacancy on the bench of the He emphasizes that attorneys can use their skills and gifts U.S. District Court for the Eastern District of Louisiana to serve the public through bar associations, community created by Judge Ivan Lemelle’s elevation to senior status. involvement, church work, and charitable and civic He was confirmed by the U.S. Senate by voice vote on organizations. Aug. 30, 2018. Judge Ashe says, “It is an honor, privilege, and blessing to have been identified as a person who can Holding true to his commitment to service, Judge Ashe fill the role of a district judge.” has participated in numerous organizations throughout his career. He has been a member of the American Judge Ashe now has the task of managing an inherited Bar Foundation, the Maritime Law Association, the docket of cases in various stages of progress. “My Bar Association of the Federal Fifth Circuit Court of approach,” he explains, “is to learn the claims, facts, and Appeals, and the Federal, American, Louisiana, and New law of each case, even when presented only with a pre- Orleans (NOBA) bar associations. He also served, most cont’d on page 17 THE ADVOCATE 17 cont’d on page 18 ) d ' cont ( smart, hardworking people devoted to the goal of devoted to the people smart, hardworking is. right,” just as he getting it with the amazing, enjoys working He also theat people and judges inspiring and intelligent, withworking “In Louisiana. of District Eastern court,” he declares, “I know thatthe people of this in terms of the characterthe public is well-served public servants who are tryingand ability of the sure justice is achieved for alltheir best to make heThe only shortfall of the judgeship, people.” finds, is that thereare not more than 24 hours in a day to do even more. Attorneys New Advice for to new attorneys, words of advice Offering Ashe says, “be true to your character and Judge to your clientspersonality while also being devoted advance Marry these two so that you and the law. most and, personality your sacrificing without both your character.” importantly, thestresses he life, of philosophy general As a whatever task isimportance of doing the best job at best for someat hand. He adds, “Do not save your in whatever job your best Discharge future day. you have today.” to young attorneys As to brief writing, he urges are attemptingfocus on the clarity of the point they to make. He finds that of the factswriting requires a solid understanding cogent and compelling “Oftentimes,” he observes, case. and law of one’s Although “briefs are meandering and disjointed. the facts and law may be on your side, the reader’s task of discerning this is made more difficult than it needs to be.” Beyond the Bench Ashe relaxes through Outside the courtroom, Judge stepyou ever If and reading. drawing, painting, foot into his chambers, you will have the pleasure of seeing his paintings and sketches of presidents and other historical figures displayed throughout. HON. BARRY W. ASHE ASHE W. HON. BARRY As a judge, you are on the side of the As a judge, you are one theadministration of justice, which gives to weigh the opportunity and responsibility backdrop the of the parties against positions aboutof the law and then to make a decision Whereas, who is right and who is wrong. to both attorneys have dual responsibilities refrain the law and their clients. They must the law while also misrepresenting from in anzealously advocating for their clients Attorneys effort to get a favorable result. to constrained, compared much more are judges, in terms of achieving the best result judges cannot for the legal system. However, do their work without advocates doing their work. The better advocates do their work, the is for the legal system optimal the result more in general. Judge Ashe enjoys everything about his new Judge so new!” he exclaims. He delights position. “It’s in the intellectual challenge of reading the law positions in order to make and weighing parties’ the best fair and impartial decision. He welcomes opportunities, which he did not have as a private thefrom lawyers with talk and meet to attorney, local and surrounding communities. He also who are “great, appreciates his wonderful staff In reflecting on the differences betweenAshe states: practice and the judgeship, Judge private This approach involves asking the parties, ahead ofThis approach involves to issue status reports whereinstatus conferences, with Armed focus. of areas six or five address they toAshe is able to get up Judge this information, and concerns of paramountspeed with the issues parties as well as address anyimportance to the Ashe believes this outstanding issues. Judge strategy benefits everyone because it provides a for the parties to formulate way quick and effective aboutand communicate a more concise perspective “to draw his owntheir cases while not leaving him vacuum.” conclusions and assessments in a trial motion that is much more narrow than the more narrow much that is trial motion how I can understand of the case, so that entirety case. the of whole the into fit may issue narrow the with a a motion me from deciding This prevents and, the matter at hand myopic view of limited or a decision within the context ofinstead, allows for the case as a whole.” HON. BARRY W. ASHE (cont'd)

Judge Ashe and family at his January 10, 2019, investiture.

Moreover, he is an ardent and with. Whether it was the Tulane Law Review, the Stone Red Sox fan. Pigman law firm, the Federal Bar Association, or the First Baptist Church, Barry always contributed in a positive way, Judge Ashe is also a devoted husband and family man. and invariably became a chosen leader of the organization.” In 1978, he married his wife, Susan, within just five days of graduating from college and receiving his Navy We wish Judge Ashe much success as he embarks on what commission. Together, they have three children—Kelly, we know will be an exemplary and distinguished judicial Stephen, and Catherine—as well as four granddaughters. tenure. ______Conclusion Violet Obioha is an associate at Stone Pigman Walther Longtime friend and former colleague, Scott Whittaker, best Wittmann LLC. Her practice includes corporate, business, captures Judge Ashe’s character. “With his temperament, and commercial real estate matters. intelligence and work ethic,” Whittaker states, “it’s hard to imagine a person better suited for the position of federal Reprinted with permission from the May/June 2019 issue of judge than Barry Ashe.” Over the past 35 years, Whittaker The Federal Lawyer. © 2019 Federal Bar Association. All has always known Ashe “to be a person who does his best rights reserved. Further duplication without permission is to improve any situation or organization he is involved prohibited, contact (571) 481-9126 or [email protected].

CULTURAL HERITAGE CLE On April 11, 2019, the United States District Court for the Eastern District of Louisiana Court History Project, with the assistance of the Federal Bar Association, presented a free CLE titled Transient Justice: Courthouses of the United States District Court for the Eastern District of Louisiana. The informative and entertaining speaker was writer and historian John Magill, who was introduced by John H. Lawrence, Director of Museum Programs of the Historic New Orleans Collection. This CLE grew out of Judge Mary Ann Vial Lemmon’s ongoing project to preserve the history of the Eastern District of Louisiana. Mr. Magill told the history of the Eastern District’s ten courthouses, along with cases of significance decided at each site and how they helped shape New Orleans. Following the presentation there was a reception by the court history displays and the New Orleans Chapter history displays on the second floor of the USDC-EDLA and Hale Boggs building. THE ADVOCATE 19

College of Law Human Services Human Services The Lambert Firm Tulane Law School Tulane Mr. Andre Lagarde Mr. Mr. Jacob Williams Mr. Ms. Ariel L. Martin Ariel L. Ms. Ms. Marla A. Miller Ms. Marla Proskauer Rose LLP Proskauer Mr. Brian Mersman Mr. Wexler S. Joshua Mr. Ms. Tiffaney M. Sporl Ms. Tiffaney Ms. Erin Alexa Sutton Ms. Erin Ms. Jennifer Rigterink Stutes & Lavergne LLC Stutes & Lavergne Wisner Ms. Marie Riccio Ms. Logan E. Schonekas Huber, Thomas & Marcelle Thomas Huber, Ms. Frances Lacy Radcliff Mr. McClain R. Schonekas Mr. Liska, Exnicios & Nungesser U.S. Department of Health and U.S. Department of Health and U.S. Department of U.S. Attorney’s Office, E.D.L.A. Office, Attorney’s U.S. Waguespack Ms. Constance C. Loyola University New Orleans Law Offices of Marie Riccio Wisner Law Offices of Marie Riccio The Law Offices of Matt Greenbaum Schonekas Evans McGoey & McEachin Pusateri Johnston Guillot & Greenbaum LLC Pusateri Johnston Guillot & Greenbaum NEW MEMBERS NEW

Kullman Firm The Federal Bar Association welcomes its new members: welcomes Association Bar The Federal Liskow & Lewis Kambur Law Firm Tulane Law School Tulane Ackal B. Ms. Leigh Ms. Rachel Gulotta Cotten Schmidt LLP Proskauer Rose LLP Proskauer Ms. Nicolette Kraska Duncan & Sevin LLC Mr. Jeremy J. Hanna Mr. Ms. Laura J. Kambur Ms. Aubrey A. Denton Mr. Benjamin P. Kahn Benjamin P. Mr. Ms. Lauren Kirichkow Amanda Kaiser, Executive Director, at (504) 589-7990 for more information. at (504) 589-7990 for more Executive Director, Amanda Kaiser, Ms. Meagan Impastato Mr. Matthew Glodowski Mr. please call Donna Phillips Currault, Membership Chair, at (504) 569-1862, or please call Donna Phillips Currault, Membership Chair, Impastato Law Firm, LLC Mr. Richard J. Fernandez Mr. Ms. Deandra N. DeNapoli Hon. Tamia Nicole Gordon Hon. Tamia Ms. Canisa R. German-Oden Davis Saunders Miller & Oden Ms. Gabrielle Grace LaBruzzo Charles Kenneth Cicero III Mr. Mr. Henry Luis-Fernando Klein Henry Luis-Fernando Mr. Scott Vicknair Hair & Checki LLC Hair & Checki Scott Vicknair Gieger Laborde & Laperouse LLC & Laperouse Gieger Laborde Law Office of Richard J. Fernandez Law Office of Richard Office of Medicare Hearings and Appeals Hearings and Office of Medicare Appeals Hearings and Office of Medicare Loyola University New Orleans College of Law If you would like to become a member of the FBA, or know someone who would like to become a member, would like to become a member, If you would like to become a member of the FBA, or know someone who

USCG Investigations of Boating Collisions

Join the Admiralty Law Committee of the New Orleans Chapter of the FBA for a one hour CLE on September 12th at 4pm. Paul Barnard (Recreational Boating Safety Program Manager) and Commander Takila Powell (Marine Investigations Supervisor) of the Eighth Coast Guard District will present on USCG Investigations of Boating Collisions. This program will focus on the two phases of maritime accidents. There is an initial response and then, where indicated by policy, a formal investigation. Mr. Barnard will highlight some of the issues faced in the initial response phase by contrasting maritime accidents and auto accidents. This includes witnesses, first responders, evidence issues, 72 COLREGS, and challenges related to limited occurrence of and training related to maritime accidents. Commander Powell has significant investigative experience and will discuss Marine Casualty Investigation Authority, CG Investigative Process, PIA to IIA (preliminary investigation to incident investigation), boating accidents, drug/alcohol testing, issues encountered when investigating, parties in interest, FOIA request process and why there is a backlog. Thursday, September 12, 2019, 4:00 pm – 5:00 pm

U.S. District Court – EDLA, 500 Poydras Street, New Orleans To register, please contact the New Orleans Chapter at (504) 589-7990 or email [email protected]. Detailed information and online registration at http://nofba.org. Payment may be mailed to New Orleans Chapter of the Federal Bar Association, 500 Poydras Street, B- 245, New Orleans, LA 70130. No refunds after September 11, 2019.

Name ______Firm/Organization ______Telephone ______Email ______Enclosed Fee: ______ FBA Members: Free  Non-Members: $30  Law Clerk, Public Interest, Government Attorney Rate: $15  Law Student: $10 TRIALS AND TRIBULATIONS Trials and Tribulations is your quarterly summary of matters recently tried in the United States District Court for the Eastern District of Louisiana. Organized by topic, the summaries below are compiled by the Editorial Board from Verdict Reporting Forms provided by the Court.

PERSONAL INJURY, of equipment to clean the ceiling, the Hyatt House Hotel. Team claimed MARITIME so his supervisor was negligent in Waypoint breached the contract by ordering him to perform the task delaying payment on a construction McCarty v. Enterprise Products with stepladder. Tercero urged claims change order (Change Order No. 9) Company for general maritime negligence for almost one year and by failing to and unseaworthiness against compensate Team for costs related Plaintiff Jeffery McCarty allegedly Oceaneering. Tercero also urged a injured his back unloading a grocery to another construction change order Jones Act negligence claim against (Change Order No. 10). cooler out the bed of a pickup Oceaneering under the borrowed truck in the course and scope of servant theory. Encore settled before After approximately 1.5 hours of his job as a seaman for Defendant trial. deliberation, the jury found Waypoint Enterprise Marine Services, LLC. breached the contract by making an McCarty brought a Jones Act The jury found Jones Act negligence untimely payment on Change Order negligence claim, general maritime and general maritime negligence. The No. 9. The Court will determine the law unseaworthiness claim, and jury also found that Tercero was 50% amount of contractual interest Team maintenance and cure claims against contributorily negligent. The jury did is owed. his employer. not find unseaworthiness. The jury also found Waypoint The jury found that McCarty failed The jury also reached a verdict as breached the contract by failing to to prove by a preponderance of to the borrowed servant factors, and compensate Team for costs related evidence that he hurt his back while the Court found that Tercero was a to Change Order No. 10. The jury working for Enterprise, and a borrowed servant of Oceaneering. awarded damages totaling nearly defense verdict was entered in favor $60,000. of Enterprise on all claims. Notably, Tercero’s damages are itemized as Enterprise presented evidence follows: Docket No. 16-1131, E (S. Morgan) McCarty suffered pre-incident back (Jury trial held 4/15/19 – 4/17/19) complaints, and was involved in a Past general damages – $125,000 post-incident accident in which he Future general damages – $190,000 (re)injured his back. Past lost wages – $75,000 CIVIL; PERSONAL INJURY Docket No. 18-563, H (J. Milazzo) (Jury trial held 3/11/19 – 3/14/19) Future lost wages – $110,000 Phetteplace v. 415 Rue Dauphine LLC., et al. Tercero v. Oceaneering International, Docket No. 17-cv-7438, I (L. Africk) Inc. et al. (Jury trial held 4/8/19 – 4/10/19) In 2017, Plaintiff came to New Orleans to attend his sister’s Plaintiff, Nestor Tercero, an Encore BREACH OF CONTRACT; bachelorette party and stayed at Food Service employee, worked CONSTRUCTION the Dauphine Orleans Hotel, a as a galley hand aboard the M/V hotel owned, operated, insured, or OCEAN INTERVENTION, a vessel Team Contractors, LLC v. Waypoint maintained by Defendants. After a owned and operated by defendant NOLA, LLC night of drinking, Plaintiff returned Oceaneering International, Inc. to his hotel room at 1:37 a.m. At Plaintiff Team Contractors, L.L.C. approximately 4:00 a.m., Plaintiff Tercero alleged that he injured his (“Team”) entered into a contract with arose to use the restroom. Instead of shoulder and back when he fell Defendant Waypoint NOLA, L.L.C. opening the bathroom door, however, from a stepladder while cleaning the (“Waypoint”) for the construction Plaintiff opened the door leading to galley ceiling. Tercero alleged that and renovation of floors 11-17 of the hotel room’s Juliette balcony, the stepladder was not a proper piece 1250 Poydras Street, which is now cont’d on page 22 TRIALS AND TRIBULATIONS (cont'd) THE ADVOCATE falling over the railing, and plummeted four stories After deliberating for approximately four to the ground below. Plaintiff sustained only hours, the jury returned a verdict in favor of relatively minor injuries. Plaintiff filed suit against Defendants, finding Plaintiff failed to prove by the hotel, seeking damages for permanent physical a preponderance of the evidence that Defendants and emotional damage, pain, suffering, impairment were negligent with respect to his accident. of enjoyment of life, disability, loss of earnings, and diminishment of earning capacity. Docket No. 17-5489, L (E. Fallon) (Jury trial held 4/15/19 – 4/18/19) Defendants answered the complaint denying any negligence on their part, arguing that Plaintiff’s own negligence caused his injuries.

POWER ACT On April 30, 2019, the U.S. District Court for the Eastern District of Louisiana and the New Orleans Federal Bar Association, in partnership with Southeast Louisiana Legal Services (SLLS), Catholic Charities’ Project SAVE, and Tulane Law School’s Domestic Violence Clinic, sponsored a panel discussion entitled, “Identifying and Addressing Domestic Violence in the Context of Federal Litigation.” Panelists included Professor Becki Kondkar, director of Tulane Law School’s Domestic Violence Clinic and co-director of Tulane Law School’s Women’s Prison Project; Professor Katherine Mattes, director of Tulane Law School’s Criminal Justice Clinic and co-director of Tulane Law School’s Women’s Prison Project; Dr. Marcus Kondkar, Chair of Loyola University New Orleans’ Department of Sociology; and Dr. Fred Buttell, Professor at ’s School of Social Work. The discussion was moderated by Tania Tetlow, University President of Loyola University New Orleans. Discussion topics included strategies for identifying clients who are or have been victims of domestic violence, how to properly present and contextualize domestic violence evidence within the confines of litigation and trial, percentage of domestic violence victims amongst Louisiana’s female prisoner population, different categories of batterers and their attributes, and the effectiveness of court-ordered batterer intervention programs. The program’s underlying purpose was to promote pro bono legal services for survivors of domestic violence in compliance with the POWER Act, a congressional act requiring the chief judge in each federal district to lead at least one public event each year promoting pro bono legal services for domestic violence survivors. As such, Chief Judge Nannette Jolivette Brown assembled a committee of legal aid and domestic violence service experts, including Elena Perez and Doug Carey, attorneys for SLLS, Allyson Tuttle, Executive Director of Project SAVE, and Professor Becki Kondkar, to help plan the event. Attendees were encouraged to speak with the legal aid and domestic violence service providers present at the event to ascertain how they might best be utilized to assist domestic violence survivors in our community.

Tulane Law professors Katherine Mattes and Beckie Kondkar, Loyola Soci- ology professor Marcus Kondkar, Tulane Social Work professor Fred Buttell, Chief Judge Nannette Jolivette Brown, Loyola President Tania Tetlow and Chapter President Kathryn Knight. 22 Federal Bar Association FIRST CLASS MAIL New Orleans Chapter U.S. POSTAGE P A I D c/o Kathryn M. Knight PERMIT NO. 385 Chapter President NEW ORLEANS, LA 500 Poydras St., Room B-245 New Orleans, LA 70130 www.nofba.org 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 Donna Phillips Currault 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: Larry Centola, Colin Cambre, Megan Dupuy, Meghan Senter Please contact us at: [email protected]

SAVE THE DATE FOR UPCOMING EVENTS

Cocktails with the Court USCG Investigations of Boating Collisions CLE July 10, 2019 • 5:30 p.m. - 7:30 p.m. September 12, 2019 • 4 p.m. - 5 p.m. Ace Hotel, Lobby Bar, 600 Carondelet Street U.S. District Court – EDLA, 500 Poydras Street

Title VII: Getting to Know You CLE Federal Judges’ Reception July 11, 2019 • Noon - 1:30 p.m. November 6, 2019 • 5 p.m. - 8 p.m. U.S. District Court – EDLA, 500 Poydras Street Windsor Court Hotel, 333 Gravier Street

State vs. Federal Rules of Civil Procedure Malcolm Monroe Federal Practice Seminar August 9, 2019 • 9 a.m. - 10 a.m. CLE & Swearing In St Tammany Parish Justice Center, December 4, 2019 • 1 p.m - 5:15 p.m. 22nd Judicial District Court U.S. District Court – EDLA 701 N Columbia Street, Covington, LA 70433 500 Poydras Street, New Orleans

Annual Meeting & Luncheon Holiday Party Hosted by Younger Lawyers Division August 22, 2019 • cocktail reception at 11am, December 4, 2019 • 5 p.m - 7:30 p.m. followed by noon luncheon Great Hall, U.S. Court of Appeals for the Fifth Circuit InterContinental New Orleans, 444 St. Charles Avenue 600 Camp Street