Message from the President by Stevan C

Message from the President by Stevan C. Dittman

Given the approach of our Chapter’s Annual Meeting for 2010 and with it the end of my tenure as President, I was asked by one of my fellow board members whether I had enjoyed this past year. The answer, without doubt, was yes, albeit my experience can best be described as rewarding. The reward has been “professional” in the context of how that term was defined in the Louisiana Bar Foundation’s 1998 publication,In Our Own Words: Reflections on Professionalism in the Law. In that publication, Charles E. Hamilton, III wrote that “large numbers of attorneys believe that law is more a business today than a profession.” Quoting Mark Aronson, the author acknowledges the true value of professionalism: “In practicing law or being a judge, the main satisfaction comes from one’s sense of the impact of one’s actions on others or the community.” The article concludes that “no professionalism movement will succeed unless it seeks to uphold the lawyers’ end of the bargain, which is to benefit society.”1 Over the past decade of my involvement with the Board of the New Orleans Chapter of the Federal Bar Association, I have had the good fortune to witness the type of professionalism that time and time again benefits society. Each year, the New Orleans Chapter promotes and sponsors programs that elicit and foster the best attributes of our profession. Recently, at the Chapter’s Annual Rubin Symposium, an annual event that addresses legal ethics and professionalism, a panel of the late Judge Alvin Rubin’s law clerks provided testimony, much of it anecdotal, in memory of a Judge who exacted strict, candid, and “professional” standards from himself as well as the attorneys who practiced in his court. The Rubin Symposium, the Malcolm Monroe Federal Practice Seminar, the State-Federal Practice Seminar, the monthly luncheons with the court offered by the Chapter’s Younger Lawyers Division, and the many and varied other programs sponsored by the New Orleans Chapter all represent lawyers doing something for the community. The Chapter’s mission is nowhere more evident than in its hosting of the National Federal Bar Association’s 2010 Convention in New Orleans. That this meeting will take place is a tribute not only to our Chapter but also to our City, for

1 Charles E. Hamilton, III, “Lawyers’ Professionalism: Great (and Historical) Expectations,” In Our Own Words: Reflections on Professionalism in the Law (Louisiana Bar Foundation, 1998), pp. 43-44.

cont’d on page 2

Summer Edition 2010 • Vol. 19, No. 4 Editorial Board: Wendy Hickok Robinson, Douglas Moore and Celeste Coco-Ewing Message from the President (cont’d) it provides the opportunity to demonstrate to lawyers from activities. We remain the largest chapter in the Federal Bar around the United States how New Orleans had the fortitude Association. We benefit from the support and collegiality and resilience to recover from Hurricane Katrina as well as of the members of the federal judiciary in New Orleans, possesses the courage to confront the ongoing ecological several of whom serve on our Chapter’s Board of Directors. and human disaster in the Gulf of Mexico. Our ability to I have also been the beneficiary of being able to work with a host this meeting is also a tribute to our local law firms, who, remarkable executive committee —Barry Ashe, Judge Kurt as sponsors, have pledged nearly $200,000 to underwrite Engelhardt, Aimee Quirk, and Eric Nowak—as well as the cost of a convention that will allow our Chapter not only receiving valued insights from the Chapter’s past presidents to showcase our city but to provide a positive economic who continue to look after its welfare, particularly Ashley impact for the New Orleans area from September 23 to 26, Belleau, who will be sworn in as the National President 2010, when the convention, which will be headquartered at of the Federal Bar Association at its annual convention in the New Orleans Ritz Carlton, will be held. New Orleans this September. Our Chapter is particularly fortunate to have as its next President, Barry Ashe, who, I have been rewarded by the opportunity to spend time I have no doubt will ensure that the New Orleans Chapter with a Board of Directors that has unfailingly given its time, has even better years ahead of it in service not only to our experience, and labor to maintain the level of excellence that profession but to our community. has become the hallmark of the New Orleans Chapter and its

NEW ORLEANS CHAPTER HOSTS THE NATIONAL CONVENTION OF THE FEDERAL BAR ASSOCIATION The National Convention piracy, corporate crime, bankruptcy, intellectual property of the Federal Bar Association and even a session on new media and lawyers. Our panel of is scheduled for this fall in New speakers includes federal judges, lawyers in private practice Orleans. In late September, our and government, and law professors. The full program is chapter and our city will play available online at www.fedbar.org. host to hundreds of Federal Bar Association Members The conference also includes an array of interesting in town to attend the CLE, social events. The opening reception will be on Wednesday, meetings and exciting social September 22, 2010 at the historic Louisiana Supreme Court events. One of the highlights building. On Thursday evening, there will be a celebration of the convention will be the at the National World War II Museum featuring live music installation of the new national and fantastic food. Finally, on Friday night, participants will president of the Federal Bar be bused to Mardi Gras World for a taste of New Orleans Association, who happens to be New Orleans lawyer Ashley carnival beauty and revelry. Belleau. The event will be held September 22-25, 2010 at Finally, conference participants are invited to a pre- the New Orleans Ritz Carlton Hotel. conference day of service in New Orleans. Attendees will The CLE program offers something for everyone on assist with a Habitat for Humanity build day on Wednesday, Thursday and Friday. Participants will be treated to a September 22, 1010. We welcome any members who want discussion of current United States Supreme Court trends to participate in this worthy cause. by keynote speaker Jan Crawford, CBS Chief Legal The New Orleans chapter is hoping for a strong turnout Correspondent. In addition, the FBA has recruited a panel of from our local members. Our chapter is the largest in the diverse leaders from New Orleans including the new mayor, country. Registration for the conference is now open online. Mitch Landrieu, the United States Attorney for the Eastern Registration for the CLE program is $300 for Federal District of Louisiana and leaders in education, health care Bar Association members and $375 for non-members. and public service to open the CLE program with a lively Registration for the social events is $350 for Federal Bar panel on New Orleans recovery. The CLE provides seminars Association members and $450 for non-members. on many areas of substantive law, including arbitration,

2 Advocate NATIONAL CONVENTION SCHEDULE AT A GLANCE

Wednesday September 22, 2010 8:00 a.m.–5:00 p.m. FBA Participates in Habitat for Humanity 2:00–5:00 p.m. Registration Desk Open 5:30-7:30 p.m. Welcoming Convention Kick-off Reception at Louisiana Supreme Court in the French Quarter

Thursday September 23, 2010 6:30 a.m.–5:00 p.m. Registration Desk Open 8:00 a.m.–5:00 p.m. Exhibits Open 8:00–8:15 a.m. Welcoming Remarks 8:15–9:15 a.m. Rising from the Ashes, featuring Mitch Landrieu, Mayor of New Orleans and Former Louisiana Lieutenant Governor 9:30–10:30 a.m. Session 1: Implications of the MRGO Litigation (Co-sponsored by the EENR Section) Session 2: Current Issues in Work Site Enforcement (Co-sponsored by Criminal Law Section) 10:45–11:45 a.m. Session 1: International Litigation (Co-sponsored by International Law Section) Session 2: Veterans Treatment Courts: What Does it Mean for Veterans Today (Co-sponsored by Veterans Law Section) Noon–1:30 p.m. Foundation of FBA Fellows Luncheon 1:45–2:45 p.m. Session 1: International Arbitration Session 2: Health Care (Co-sponsored by Health Law Section) 3:00–4:00 p.m. Ethics—The Impaired Attorney 4:10–5:10 p.m. Session 1: Piracy on the High Seas Session 2: In re Lanning—SCOTUS (Co-sponsored by Bankruptcy Section) 5:00–6:00 p.m. International Law Section Reception In Honor of International Guests and Speakers (open to all conference attendees) 5:30–6:30 p.m. Bankruptcy Section Meeting and Reception (offsite location) 6:00–9:00 p.m. Reception at the World War II Museum

Friday September 24, 2010 7:00 a.m.–5:00 p.m. Registration Desk Open 8:00 a.m.–4:00 p.m. Exhibits Open 8:00–8:30 a.m. 5th Circuit Swearing-in Ceremony, Chief Judge Edith Jones Presiding 8:30–9:30 a.m. This Year at the Supreme Court, Featuring Jan Crawford, CBS News Chief Legal Correspondent 9:40–10:40 a.m. International Entertainment Law & IP (Co-sponsored by International Law Section) 10:50–11:50 a.m. Session 1: Social Media, Twitter, LinkedIn, Blogs: I am a Lawyer—Why Do I Care? Session 2: Corporate Crime in the Post-Madoff World (Co-sponsored by Criminal Law Section) Noon–1:45 p.m. YLD Luncheon 2:00–3:00 p.m. Professionalism—Rainmaking in Tough Times 2:00–4:00 p.m. Federal Bar Building Corporation Meeting 2:00–4:00 p.m. Vice Presidents for the Circuits Training 3:15–4:45 p.m. History of Battle of New Orleans—Effect on National Legal History and Development of Civil Law, Held at the Historical New Orleans Collection (reception afterward) (Co-sponsored by the Fifth Circuit Bar Association) 4:30–5:30 p.m. Joint Reception of Sections and Divisions 6:00–9:00 p.m. Reception at Mardi Gras World

Saturday, September 25, 2010 7:00 a.m.–5:00 p.m. Registration Desk Open 8:30–9:45 a.m. Vice Presidents for the Circuits Meeting 8:30–11:00 a.m. Section and Division Chairs Meeting 9:30–11:30 a.m. Foundation of the FBA Board Meeting 10:00–11:30 a.m. Chapter Education Program Presented by the Vice Presidents for the Circuits 11:45 a.m.–1:45 p.m. FBA Awards Luncheon 2:00–5:00 p.m. National Council Meeting 6:30–10:30 p.m. Reception and Presidential Installation Banquet

Advocate 3 NEW ORLEANS CHAPTER OF THE FEDERAL BAR ASSOCIATION HOSTS 18TH ANNUAL ALVIN B. RUBIN SYMPOSIUM The New Orleans Chapter of the Federal Bar Associa- From Judge Rubin’s period on the district court bench, tion hosted the 18th Annual Alvin B. Rubin Symposium two former law clerks, Anthony M. DiLeo (1971-1973) and on Thursday, May 13, 2010. The NOFBA originally con- Gene Fendler (1973-1974), described Judge Rubin’s role as ceived this annual program to honor Judge Rubin’s com- a mentor to them, and shared examples of Judge Rubin’s mitment to professionalism and ethics. This year, the Hon- interaction with, and expectations of, lawyers who appeared orable Ginger Berrigan moderated presentations by four of before him. Two of Judge Rubin’s former Fifth Circuit law Judge Rubin’s former law clerks, each of whom shared his clerks, Professor David Orentlicher (1986-1987) and An- insights on Judge Rubin as a mentor and role model, with drew G. Schultz (1984-1985), also shared some of their per- particular emphasis on examples of his professionalism and sonal experiences with their mentor Judge Rubin, including ethics from his time on the bench and while in private prac- his continued examples of the highest ethical and profes- tice. Approximately 127 attorneys attended the program, sional conduct. Copies of the speaker’s papers are available which provided one hour of professionalism and one hour on the NOFBA’s website, www.nofba.org. of ethics CLE credit for attendees.

Michael Rubin, Judge H. Ginger Berrigan, Andrew G. Schultz, Anthony M. DiLeo, Gene Fendler, Professor David Orentlicher, and David Rubin

Board Members Barry Ashe, Judge Carl Barbier, Chapter President Stevan Dittman, Judge Carl Barbier addresses the attendees and Eric Nowak along with other attendees 4 Advocate NEW ORLEANS CHAPTER OF THE FEDERAL BAR ASSOCIATION HOSTS 18TH ANNUAL ALVIN B. RUBIN SYMPOSIUM (cont’d)

Judge H. Ginger Berrigan with Michael Rubin and David Rubin Andrew G. Schultz addresses the crowd

Panel Discussion with Gene Felder, Professor David Orentlicher, Andrew G. Schultz, Anthony M. DiLeo, and Judge H. Ginger Berrigan

Board Members Kelly Scalise and Celeste Coco-Ewing Chapter President Stevan Dittman welcome attendees and President-Elect Barry Ashe

Advocate 5 Congressional Redistricting CLE The Greater New Orleans Louis A. Martinet Legal Society, Inc. hosted a Congressional Redistricting CLE, titled “New Lines, New Times, New Civil Rights: What Lawyers Should Know About Congressional Redistricting and Its Potential Impact and Legal Implications for the Community.” Martinet partnered with the Hispanic Lawyers Association of Louisiana, the Louisiana Asian Pacific Association, the LSBA Minority Involvement Section, and the New Orleans Chapter of the Federal Bar Association to co-host the CLE on April 19, 2010. LSBA President Kim M. Boyle moderated a discussion among Rep. Richard “Rick” Gallot, Jr. (Louisiana House of Representatives, District 11) and Attorney Ronald “Ron” Wilson (of counsel, Scheuermann & Jones Law Firm). They discussed how the census data is processed to create the congressional and state districts as well as the litigation options used if the newly drawn districts dilute or exclude the minority vote. Vanessa A. Spinazola (em- ployment law staff attorney, The Pro Bono Project) later offered remarks ad- dressing the ten reasons why undocumented immigrants should be counted in the census. A networking reception immediately followed the program, which Warren P. McKenna, III and Kim Boyle occurred in the courtroom of the Hon. Ivan L.R. Lemelle in the U.S. District Court for the Eastern District of Louisiana.

Ron Wilson Vanessa A. Spinazola Rep. Richard Gallot, Jr.

SAVE THE DATES FOR UPCOMING EVENTS: June 17, 2010 –– Lunch with Judge Jay C. Zainey June 17, 2010 –– Mediation Advocacy Workshop June 23, 2010 –– Morning at the Federal Courthouse for Summer Law Clerks July 13, 2010 –– Lunch with Judge Ivan L. R. Lemelle July 23, 2010 –– FBA Annual Meeting at The Westin New Orleans September 23-25, 2010 –– National FBA Convention Seminar attendees in New Orleans

Be sure to check future issues of the Advocate and monitor our website, www.nofba.org, for exact dates.

6 Advocate CLE HELD IN BANKRUPTCY COURT The FBA and the Clerk’s Office of the U.S. Bankruptcy Court for the Eastern District of Louisiana co- sponsored a CLE on June 1, 2010 on Electronic Courtroom Clerk of Bankruptcy Court Technology. It was held in the courtroom of U.S. Bankruptcy Marla Hamilton Judge Elizabeth W. Magner. Marla Hamilton, Clerk of Court, addresses attendees welcomed everyone. Brian Richoux, Chief Deputy, and Frank Radosta, Systems Manager, demonstrated the newly-installed evidence presentation systems. The systems allow for the presentation of photographs, videos, and other evidence in an electronic format, which will be displayed on monitors on the bench, and on the attorneys’ and witness’s tables. A screen may also be lowered that will permit viewing by the public. A lively dialoge was held among the audience and the presenters about the systems’ features. Based upon the questions asked, it was apparent that many attorneys have strong tech- nical skills and the knowledge and ability to use the new systems. Thirty-two attorneys and eight staff Deputy Clerk personnel attended the session. Brian Richoux at the lectern

Deputy Clerk Brian Richoux and the Hon. Jerry Brown

Clerk of Bankruptcy Court Marla Hamilton, Deputy Clerk Brian Richoux, and Systems Manager Frank Radosta

Deputy Clerk Brian Richoux addresses attendees

Advocate 7 The New Orleans Chapter of the Federal Bar Association’s Annual Meeting and Awards Luncheon

Friday, July 23, 2010 The Westin New Orleans Canal Place

11:00 Cocktails 12:00 Luncheon

$50 per person

R.S.V.P. to FBA 589-7990 or: [email protected]

ANNUAL MEETING RESERVATION FORM

Name of Individual(s):______

Number of attendees: ______

Firm:______

Address:______

______

Phone No.: ______Amount enclosed: $ ______

Email address of contact:______

PLEASE RETURN FORM AND CHECK TO: Please make your reservations on New Orleans Chapter of the Federal Bar Association or before Monday, July 19, 2010 so c/o Camille Zeller that The Westin can have a count of Attorney Conference Center attendees. 500 Poydras St., Room B364 Hale Boggs Building

8 Advocate NOTICE OF ANNUAL MEETING AND ELECTION OF OFFICERS AND DIRECTORS JULY 23, 2010

In accordance with the Chapter’s By-Laws, Barry W. Ashe, our current President-Elect, will automatically succeed Stevan C. Dittman as President of our Chapter. Election of the remaining officers and directors will take place at the Annual Meeting on Friday, July 23, 2010, at The Westin New Orleans. The Nominating Committee has nominated the following persons:

Chapter Officers

President: Barry W. Ashe President-Elect: Hon. Kurt D. Engelhardt Treasurer: Eric R. Nowak Recording Secretary: Wendy Hickok Robinson Membership Chair: Christopher J. Alfieri Immediate Past President: Stevan C. Dittman National Council Delegates: Stevan C. Dittman Barry W. Ashe Younger Lawyers Representative: Larry J. Centola, III

CHAPTER BOARD OF DIRECTORS W. Raley Alford, III Ann R. Koppel John Balhoff, II Kelly Legier Hon. Carl J. Barbier Hon. Ivan L. R. Lemelle Walter L. Becker, Jr. Hon. Mary Ann Vial Lemmon Nannette Jolivette Brown Andrew Lilly Brian J. Capitelli Allen C. Miller Celeste Coco-Ewing Douglas J. Moore John “Jack” T. Culotta Aimee M. Quirk Donna Phillips Currault Tara G. Richard Janet Daley Duval Kelly T. Scalise Michael J. Ecuyer Ron Scalise Billy Gibbens Suzanne K. Scalise Steven F. Griffith, Jr. Charles Talley Hon. Marla Hamilton Hon. Sarah S. Vance Kevin P. Klibert Peter J. Wanek Tracey Knight Hon. Loretta G.Whyte Hon. Daniel E. Knowles, III Hon. Jay C. Zainey

Advocate 9 FEDERAL BAR ASSOCIATION – NEW ORLEANS CHAPTER YOUNGER LAWYERS’ DIVISION BOARD OF DIRECTORS (2010-2011)

CHAPTER Officers: Chair: Larry J. Centola, III Vice-Chair: Erin Arnold Secretary: Amy S. Malish Treasurer: Sara E. Mouledoux Immediate Past Chair: Suzanne K. Scalise

CHAPTER Board Members:

Elisabeth Lorio Baer Jeremy Herschaft Neil F. Nazareth Seth J. Bloom Lauren L. Hudson Ellen Pelliteri Alison deClouet Sara A. Johnson Andrea Mahady Price Mike DePetrillo Kathryn M. Knight Elizabeth A. Roussel Corey E. Dunbar Sunni Jones LeBeouf Kara Hadican Samuels Ellen Pivach Dunbar Ryan Luminais Tom D. Snyder, Jr. Jennifer L. Englander Sarah Voorhies Myers Sarah Stogner Steven F. Griffith Jr. Stephen G.A. Myers Sharonda Williams

SAVE THE SAVEDATE! THE DATE! The Younger Lawyers Division of the TheFederal Younger Bar Lawyers Association Division Presents: of the Federal Bar Association Presents: “A Morning at the Federal Courthouse” TheA Morning Younger at Lawyersthe Federal Division Courthouse of the FederalDATE: Bar Association June 23, 2010 Presents: TIME: 8:30am – 1:00pm “AWHERE: Morning Eastern at the District Federal Federal Courthouse” Courthouse The Younger LawyersThe Younger DivisionLawyers of the FederalDivision Bar Associationof the Federal of NewBar OrleansAssociation would like to invite all 2010 Summer Law Clerksof New to A MorningOrleansDATE: atwould the Federallike June Courthouse.to invite 23, allThis20102010 programSummer is a greatLaw opportunity to have your summer law clerksClerks observeto “A federalMorning practiceat the andFederal interact Courthouseinformally with.” This federalprogram judges and their staff. is a great opportunity to have your summer law clerks observe Registration materialsTIME: may be obtained 8:30am by contacting – 1:00pm Camille Zeller at (504) 589-7990 or [email protected],federal practice and orinteract at www.nofba.org.informally withAdvancefederal registrationjudges required.and WHERE:their staff. Eastern District Federal Courthouse 10 Advocate The YoungerRegistration MaterialsLawyers May BeDivision Obtained by ofContactingthe Federal Bar Association of NewCamilleOrleans Zeller at (504)589would-7990like or [email protected] invite all 2010 Summer Law Advance Registration Required Clerks to “A Morning at the Federal Courthouse.” This program is a great opportunity to have your summer law clerks observe federal practice and interact informally with federal judges and their staff. Registration Materials May Be Obtained by Contacting Camille Zeller at (504)589-7990 or [email protected] Advance Registration Required Trials & Tribulations In re: Chinese Manufactured Drywall MDL: In re: Chinese Manufactured Drywall Germano, et al. v. Taishan Gypsum Co. Ltd., et al., MDL: Hernandez v. Knauf Gips KG, et al., 09-6050, 09-6687, Section L (bench trial held February 19-22, Section L (bench trial held March 15-19, 2010) 2010) Products Liability Products Liability The plaintiffs alleged that the Chinese drywall installed After confirming a preliminary default judgment in in their home was defective and emitted levels of this class action against defendant Taishan Gypsum sulfur, methane, and/or other volatile organic chemical Co., f/k/a Shandon Taiha Dongxin, Co., a manufacturer compounds that caused corrosion of HVAC coils of Chinese drywall, Judge Fallon held a bench trial and refrigerator units, certain electrical wiring and to determine the scope and extent of appropriate plumbing components, and other household items, as remediation, the cost of such remediation, and well as created noxious “rotten egg-like” odors. The other damages. During the discovery phase, seven plaintiffs sued the manufacturer of the drywall, Knauf plaintiffs intervened, representing a cross-section of Plasterboard Tianjin Co., Ltd. (Knauf). The plaintiffs contaminated homes and demographics of affected also sued other named defendants who were involved families. Knauf Plasterboard Tuanjin Co., Ltd. and with the Chinese drywall in their home, but the The Mitchell Company, Inc. also intervened during Court dismissed all defendants except Knauf without discovery. After “vigorous” discovery, Knauf and The prejudice. Mitchell Company withdrew their petitions to intervene. Trial proceeded with evidence solely presented by the Following a four-day bench trial, the Court awarded intervening plaintiffs. plaintiffs $164,049.64 consisting of the following damages: remediation ($136,940.46); personal The Court issued a judgment awarding a total of $2.6 property ($5,357.33); recurring alternative living million to the seven intervening plaintiffs. Judge expenses ($9,507.24); non-recurring alternative living Fallon found that the level of corrosive sulfur gases expenses ($9,562.00); pretrial repair costs ($2,682.29); emitted by Chinese drywall in plaintiffs-intervenors’ post-trial repair costs ($1,500.00), reduced by $1,499.68 homes exceeded safe levels established by recognized for plaintiffs’ property tax reduction. The Court also standards, peer-reviewed literature, and expert awarded reasonable attorneys fees based on Louisiana opinions, and that these corrosive emissions had Civil Code article 2545. a significant impact on the exposed property. The scope of remediation ordered by the Court included In Re: FEMA Trailer Formaldehyde MDL, 07-MD- removing the drywall, all electrical wiring, the entire 1873, Section N (jury trial held May 17-24, 2010) HVAC system, and, on a case-by-case basis, other appliances, carpet, cabinetry, and flooring; cleaning Products Liability of the property post-removal; and certification of successful remediation by an engineer. Applying This was the third bellwether MDL trial. The plaintiff Virginia law, the Court held that the following damages claimed injury from exposure to formaldehyde while were appropriate: remediation, which the court she lived in a trailer provided by FEMA after Hurricane estimated at $86 per square foot; personal property Katrina. By the time of trial, the trailer manufacturer, damage; costs of alternative living arrangements; Recreation By Design, LLC (RBD), was the sole costs associated with foreclosure, bankruptcy or other remaining defendant. The plaintiff alleged that RBD related financial costs; and loss of use and enjoyment of was liable under the Louisiana Products Liability Act property. Awards ranged from $89,676.86 (including because the trailer was unreasonably dangerous in $30,000 for loss of use and enjoyment of property) to design and had inadequate warnings. RBD denied $480,886.27 (including $100,000 for loss of use and fault and argued that the injuries alleged by the plaintiff enjoyment of property). cont’d on page 12

Advocate 11 Trials & Tribulations (cont’d) were not a result of exposure to formaldehyde from the Herbert v. Rodriguez, et al, 08-5240, Section J (jury trailer. Additionally, RBD asserted the sophisticated trial held April 12-13, 2010) purchaser defense. 42 U.S.C. §1983 Civil Rights Action/ Defamation After a six day trial, the jury returned defense verdict finding there was no liability on the part of RBD. The defendant, a police officer, hired the plaintiff to perform construction work on the officer’s personal property. The work relationship soured, and the officer United States v. Frenando Valdez-Lopez, 09-327, accused the plaintiff of stealing from her property. She Section I (jury trial held April 12-13, 2010) threatened to use her status as a police officer to get the plaintiff arrested. Although the plaintiff maintained Criminal-Possession of False Permanent Resident that he did not steal anything from the Defendant’s Card property, he was arrested. News of his arrest was broadcasted on the local cable channel and available to The defendant was charged with possession of a false the public on the police department’s website. permanent resident card and illegal re-entry into the United States following deportation. The defendant, The jury returned a verdict for the plaintiff, awarding who had previously been deported, had bought a damages of $122,000, comprised of emotional pain, permanent resident card in a Wal-Mart parking lot suffering, and mental anguish ($45,000); loss of from a woman from El Salvador. business income ($15,000); attorney’s fees in the criminal proceeding ($2,000); and punitive damages The jury returned with a verdict of guilty as to all ($60,000). counts.

YLD AND JUDGE ELDON FALLON HOST “LUNCH WITH THE COURT” On May 27, 2010, the Young Lawyers Division and Judge Eldon E. Fallon of the Eastern District of Louisiana hosted a Lunch with the Court. Judge Fallon led attendees in an informative discussion about the electronic presentation of evidence and its effectiveness during jury trials.

Judge Fallon enjoys lunch with the attendees Attendees Chris Cazenave, Sara Valentine, Patrick Follette, Colvin Norwood, Jeffrey Berniard and YLD Director Erin Arnold

12 Advocate FEDERAL BAR ASSOCIATION NEW ORLEANS CHAPTER

Presents A MEDIATION ADVOCACY WORKSHOP US District Court, 500 Poydras St., Room C501, New Orleans, LA 70130

June 17, 2010 • 2:00 - 4:00 p.m. PANELISTS: United States District Judge Martin L. C. Feldman United States Magistrate Judge Karen Wells Roby Civil District Court Judge Robin M. Giarrusso Thomas M. Usdin (Private Mediator) M. Nan Alessandra (Representing Defense Perspective) Calvin C. Fayard, Jr. (Representing Plaintiff Perspective)

MODERATORS: United States Magistrate Judge Alma L. chasez Nannette Jolivette Brown, City Attorney for the City of New Orleans and Peter J. Wanek

2.00 Hours of CLE Credit

TOPICS WILL INCLUDE: • Overview of Stages of Mediation from Panelists’ Point of View • Confidentiality: What is and what isn’t in Mediation • Role of Attorney and Client • Strategies to Getting Beyond Impasse • Goals for Mediators and Parties • Court’s Interest in Mediation • Best Practices Advice

Mediation Advocacy Workshop Registration Form

NAME: ______

FIRM NAME/EMPLOYER:

ADDRESS: ______

PHONE:______FAX:______E-MAIL: ______

FBA MEMBERS $40.00 PLEASE RETURN THIS FORM WITH CHECK NON-MEMBER $80.00 MADE PAYABLE TO “FEDERAL BAR ASSOCIATION”

Contact Camille Zeller if you have questions TO: Attorney Conference Center Phone: (504) 589-7990 FAX: (504) 589-7995 500 Poydras Street, Room B-364 E-mail: [email protected] New Orleans, LA 70130

Advocate 13 Federal Bar Association FIRST CLASS MAIL New Orleans Chapter U.S. POSTAGE P A I D c/o Stevan C. Dittman PERMIT NO. 665 Chapter President NEW ORLEANS, LA 500 Poydras St., Room 364 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 Eric R. Nowak c/o Attorney Conference Center 500 Poydras Street, Room 364 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: Wendy Hickok Robinson, Douglas Moore and Celeste Coco-Ewing

Please contact us at: [email protected], [email protected], [email protected]

call Eric R. Nowak, Membership Chair at 504-522-7885, or Camille Zeller at 589-7990 for more information. more for 589-7990 at Zeller Camille or 504-522-7885, at Chair Membership Nowak, R. Eric call

If you would like to become a member of the FBA, or know someone who would like to become a member, please please member, a become to like would who someone know or FBA, the of member a become to like would you If

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