Summer Edition 2016
Vol. 25, No. 4
MESSAGE FROM THE PRESIDENT
BY: HON. SARAH S. VANCE
On July 31, 2016, the Eastern
District of Louisiana will say
goodbye to Magistrate Judge Sally
Shushan. Magistrate Judge Shushan
has served the Eastern District
since February 1, 1999. Although
our Advocate Editor contacted
Magistrate Judge Shushan for
a feature article, she did not want the attention. That is
typical of Magistrate Shushan who never wanted to take
credit or draw attention to herself. Small in stature, but
large in presence, Magistrate Judge Shushan leaves a
legacy of being one of the most effective magistrate
judges in the history of the Eastern District. As Judge
Stanwood Duval described her, “She is a rare combination
of intelligence, fairness, a super-human work ethic, and a
wonderful sense of humor.” Her good friend, Judge Lance
Africk, commented playfully: “Many believe that the key
to her success at settling cases is that she is extremely
aggravating and annoying. That belief is only partially
correct, she is also keenly intelligent, has a boundless
work ethic, and a genuine affinity for people.”
will be filled, but she will not be replaced. I am proud to
call her my friend.”
Magistrate Judge Shushan’s dedication, intelligence, and
wit have earned her respect from the bench and the bar. She
worked countless hours on the broad range of magistrate
judge duties over her tenure, and most recently she played
a critical role in the “Deepwater Horizon” oil disaster
litigation. Judge Carl Barbier said of her involvement,
“For the past five years Sally and I have worked closely
on the massive Deepwater Horizon litigation. Her tireless
effort has earned her universal and well deserved praise
amongst the many lawyers and litigants. Sally’s position
On June 16, 2016, Judge Lance Africk of the Eastern
District of Louisiana, Chief Judge Brian Jackson of the
Middle District of Louisiana, and Magistrate Judge Patrick
Hanna of the Western District of Louisiana addressed a
sold-out crowd during the Federal District Courts in
Louisiana: Differences and Practice Pointers CLE. This
program offered a unique opportunity to explore the
similarities and differences among the three district courts.
Chief Magistrate Judge Jay Wilkinson said of his
colleague, “We’re really going to miss her around here,
not only because she is a work horse; but we’re also going
to miss her humor, her clear-eyed sensibility and her good
advice.” It is certainly true that Magistrate Judge Shushan
will be sorely missed, but I am sure we can count on seeing
her across the street at her beloved Lafayette Square – just
look for the lady handing out doggie poop bags.
The Eastern District is pleased to announce the selection
of Janis van Meerveld as its newest Magistrate Judge.
Although Ms. van Meerveld has big shoes to fill, we are
confident that she is up for the challenge, and she will hit
the ground running.
The CLE Planning Committee has been hard at work
this year, and I am pleased with the number and quality
of Continuing Legal Education programs offered so
far. I encourage you to take part in the many upcoming
programs the Chapter has to offer.
Editorial Board: Michael Ecuyer, Brian Capitelli, Brad Schlotterer
cont’d on page 2
MESSAGE FROM THE PRESIDENT
Also, on June 16, the Younger Lawyers Division hosted
Cocktails with the Court at the new Ace Hotel. This was a
great opportunity to get to know other young lawyers and
members of the judiciary in our community.
State vs. Federal Rules of Civil Procedure – Similarities
and Differences was the topic of a CLE held at the Southern
Hotel in Downtown Covington on June 23, 2016, with
a social following. This event was co-hosted with the
22nd JDC Bar Association. Alex Peragine, Peragine Law
Firm and Immediate Past-President of the 22nd JDC Bar
Association, moderated a discussion with Judge Jane
Triche Milazzo of the Eastern District and Judge Allison
Penzato of the 22nd JDC. The panel addressed various
topics including the importance of local rules, discovery,
exceptions and Rule 12 motion practice, and other areas
of significant difference.
It seems like just yesterday that Chris Alfieri was
presenting me with the gavel at the Chapter’s Annual
Meeting. In just a couple of short months, on August 25th,
(CONT’D)
the Chapter will hold its Annual Meeting and Awards
Ceremony at The Westin Hotel. I will pass the gavel to
Kelly Scalise when she will be sworn in as the Chapter’s
next president. This year, Professor Jonathan Turley of
The George Washington University will be our keynote
speaker. Professor Turley is a nationally recognized legal
scholar who has written extensively in areas ranging from
constitutional law to legal theory to tort law. In addition to
his extensive publications, Professor Turley has served as
counsel in some of the most notable cases in the last two
decades including the representation of whistleblowers,
military personnel, judges, members of Congress, and a
wide range of other clients.
As my term as Chapter President winds down, I would
like to thank the many members who contributed so much
of their time to support our Chapter of the Federal Bar
Association. It is because of you that we continue to be
the largest local Chapter of the Federal Bar Association.
24th ANNUAL JUDGE ALVIN B. RUBIN SYMPOSIUM
MAY 26, 2016
On May 26, 2016, the New Orleans Chapter held the 24th
Annual Judge Alvin B. Rubin Symposium. The symposium
is a living memorial to Judge Rubin’s contribution to federal
jurisprudence, legal scholarship, and the study and practice
of ethics and professionalism. The New Orleans Chapter is
honored to hold the program annually and to have members
of the Rubin family attend.
This year’s symposium, “Life, Death, and the Courts: A
Study of End of Life Decisions,” was particularly compelling.
David Orentlicher, the Samuel R. Rosen Professor of Law,
Co-Director of the William S. and Christine S. Hall Center
for Law and Health at Indiana University Robert McKinney
School of Law, and former law clerk of Judge Rubin, and
Donna Fraiche, a shareholder at Baker, Donelson, Bearman,
Caldwell & Berkowitz and a leading healthcare attorney,
presented an analysis of end of life decisions, including
a history and the legal underpinnings of the “death with
dignity” movement. Audience members drew upon their own
experiences to posit questions. The speakers also explored the
ethical and professional crossroads of law and medicine.
The New Orleans Chapter would like to thank the Rubin
Symposium Committee, the Honorable Stephen Higginson,
the Honorable Nannette Brown, and Donna Phillips Currault,
for this poignant seminar.
Left to right: Honorable Stephen Higginson,
Honorable Nannette Jolivette Brown, Donna Fraiche,
Professor David Orentlicher, Ayan Rubin,
Sarah Rubin Cohen, David Rubin, and Michael Rubin
Left to right: Steven Griffith, Jr., Eric Nowak,
Christopher Alfieri
The United States District
Court for the Eastern District
of Louisiana has announced
the selection of Adams
and Reese partner, Janis
van Meerveld, as a Federal
Magistrate Judge for the
District. The appointment is
effective August 1, 2016.
The Eastern District has twelve authorized Active
Judges, two Senior Judges and five Magistrate
Judges. The Active Judges and Senior Judges are
appointed to the district bench by the President
of the United States and confirmed by the
United States Senate pursuant to Article III of
the Constitution of the United States. Magistrate
Judges are selected by the district judges upon
recommendation by a Merit Selection Panel.
They are appointed to serve for a period of eight
years, after which they may request consideration
for reappointment. Magistrate Judges carry out
various responsibilities in accordance with Civil
Local Rule 73 and Criminal Local Rule 5.
Janis is well-known throughout Louisiana as a
skilled attorney and mentor as well as within the
community for her philanthropic service. She
began her career with Adams and Reese as an
associate twenty-seven years ago. A graduate
of Tulane Law School in 1987, she has litigated
cases for twenty-nine years. Her experience
included maritime law and general insurance
defense before she began specializing in labor and
employment and directors and officers liability
litigation. Janis is AV® Peer Review Rated by
Martindale-Hubbell. She has also been selected
as a Louisiana Super Lawyers® in Labor and
Employment, and a Best Lawyers® in Labor and
Employment Law. She currently serves as CLE
Coordinator for the American Bar Association’s
EEOC liaison subcommittee in New Orleans.
While with Adams and Reese, she served as Labor
and Employment Practice Team Leader, Chair of
the firm’s Recruiting Committee, and as a member
of the firm’s Diversity Committee. T H E A D V O C AT E
JANIS VAN MEERVELD SELECTED AS FEDERAL MAGISTRATE JUDGE
Janis has represented management interests
in employment litigation. Her vast practical
experience with discrimination and EEOC
charges helped clients manage the investigative,
administrative and judicial phases of these claims
with less disruption to their businesses. Clients
faced with class actions, multiple plaintiff and
ERISA claims have chosen her for her considerable
experience and success in employment litigation
and human resources law. She has significant
experience defending suits involving false claims,
including qui tam and other federal and state
whistleblower actions. Janis has also represented
various corporate entities, especially homeowner
and condo associations and their board members
in directors and officers claims.
She frequently assisted clients in the development
of employee policies, procedures and handbooks.
She would regularly speak on litigation avoidance
and would conduct client training on many
employment related matters for managers and
other employees. She also advised clients on
hiring, discipline, and termination policies and
practices.
Janis’ greatest contributions to the practice
has been her leadership in creative pretrial
solutions. Her cost-conscious approach and deep
understanding of the psychology of employment
litigation guided clients through the decisions
necessary for timely, cost-effective, and
constructive responses to employee claims and
suits. In the community, she is dedicated to the
work of Boys Hope Girls Hope of New Orleans
where she serves as the Chairman of the Board
of Directors. She also serves on the Board of
Directors of the New Orleans Susan G. Komen
Breast Cancer Foundation.
The New Orleans Chapter of the Federal Bar
Association welcomes Janis van Meerveld as
Federal Magistrate Judge.
3
YLD CONFLICT RESOLUTION PROJECT
This year the New Orleans Federal Bar Association’s Younger Lawyers
Division undertook an ambitious partnership with Crescent Leadership
Academy (www.crescentleadershipacademy.com). Crescent Leadership
Academy is a public charter high school in New Orleans that offers an
alternative education to its students. For many of the city’s youth, Crescent
Leadership Academy is their last hope for a high school diploma. The
Younger Lawyers Division-Crescent Leadership Academy partnership was
borne out of YLD’s desire to build relationships with the school’s students
and to share with them, for use in their own lives and communities, the
kinds of conflict resolution skills that lawyers use every day. Beginning in January, members of the YLD hosted a series of workshops
at the school, during which students took a crash course on being a lawyer,
followed by a mock bar exam. Students were assigned a real legal case
involving the First Amendment rights of students and were tasked with crafting their own closing arguments. Communication
is an essential element of conflict resolution, yet many students struggle to articulate their ideas. To assist the students,
two young Assistant U.S. Attorneys volunteered as “speaking coaches,” demonstrating how to make an oral argument
and offering basic advice on presentation. The workshops culminated in a day-long field trip to the federal courthouse
during which students had the unique opportunity to meet privately with U.S. Attorney Kenneth Polite and his staff,
representatives from the Federal Defender’s office, Deputy Chief Probation Officer Lawrence Martin, and finally U.S.
Magistrate Judge Karen Roby. Students also observed real lawyers represent real clients in motion hearings.
In addition, students separately met Calvin Duncan, a former inmate of the Angola Louisiana State Prison and Project
Director for the Light of Justice Project. Mr. Duncan shared with students his experiences as an inmate and as an exoneree.
His story served as a preface to a field trip to the Angola state prison. At Angola, students met with inmate trustees, toured
the facilities, and discussed weighty issues including sentencing reform and the death penalty.
The Younger Lawyers Division-Crescent Leadership Academy partnership is ongoing and its participants look forward to
building on their programming in the coming school year. The meaningful relationships that have been formed have the
potential to grow into great things. Indeed, one of the program’s very own “speaking coaches” will be Crescent Leadership
Academy’s graduation speaker this May. The Younger Lawyers Division thanks the Federal Bar Association Foundation
for its financial support, which makes this rewarding project possible.
Now in its third year, the National Federal Bar
Association moved its annual Women in the Law
conference from Washington, D.C. to New Orleans.
On the evening before the conference, the New
Orleans Chapter warmly welcomed attendees at
a reception held at Jones Walker, followed by the
full-day conference at the Hilton Riverside on
April 21, 2016. The conference first featured a
panel of Eastern District judges who participated
in a discussion on the art of written and oral
advocacy, providing attendees with “insider” tips
on effective persuasion. Moderated by Judge Jane
Triche Milazzo, the impressive roster of panelists
also included Judge Sarah S. Vance, Judge Nannette
Jolivette Brown, and Judge Susie Morgan.
The next panel was composed of general counsel
from across the country, including Anh Kremer with
the Center for Diagnostic Imaging, Jennifer Lohse
with Hazelden Betty Ford Foundation, Timothy
Pratt with Boston Scientific Corporation, and Tony
West with Pepsi, who provided their perspectives
on the art of advancement.
The highlight of the conference came as attendees
enjoyed lunch overlooking the Mississippi River
Left to right: Honorable Sarah Vance
and Barry Ashe
T H E A D V O C AT E
NATIONAL FEDERAL BAR ASSOCIATION WOMEN IN THE LAW CONFERENCE
APRIL 21, 2016
with an inspiring keynote address delivered by
Donna Brazile, a veteran political strategist and
native New Orleanian, who now directs Brazile &
Associates LLC based in Washington, D.C.
Following lunch, panelists Dawn Stern, an associate
with DLA Piper LLP, Susan Smith Blakely, an
author, speaker and law career counselor, Savaria
Harris, a partner with DLA Piper LLP, and Tania
Tetlow, a Tulane Law Professor and Chief of Staff
and Vice President of Tulane University, examined
the art of negotiation, touching on both effective
business communications and effective selfadvocacy, as well as and exploring the role that
gender plays in styles of negotiation.
The conference concluded with a compelling
discussion on human trafficking with presentations
by Kenneth Polite, Jr., U.S. Attorney for the
Eastern District, Kara Van de Carr, founder of Eden
House, and Clemmie Greenlee, a sex trafficking
survivor. The speakers offered a heartfelt glimpse
into the shattered lives of victims, the need for
robust prosecution and the promise for a fresh start
provided by victim recovery services, like Eden
House.
Left to right: Honorable Susie Morgan, Honorable Sarah Vance,
Honorable Jane Milazzo, and Honorable Nannette Jolivette Brown
Left to right: Donna Brazile, Timothy Francis, Justice Harry
T. Lemmon (retired), and Honorable Mary Ann Vial Lemmon
Left to right: Kelly Scalise
and Dana Douglas
5
2016 FMJA FOUNDER’S AWARD RECIPIENT U.S. MAGISTRATE JUDGE KAREN WELLS ROBY
The highest award the Federal Magistrate Judges Association (FMJA), a national organization
of United States Magistrate Judges, conveys is its Founder’s Award. This award is not given
out each year, but rather is reserved for extraordinary activities and individuals who have
displayed exceptional support, loyalty and dedication to the FMJA.
Past recipients included William Rehnquist, former Justice of the U.S. Supreme Court, Jim
Duff, Director of the United States Courts, and other notable U.S. Magistrate Judges. This
year the Eastern District’s very own U.S. Magistrate Judge Karen Wells Roby will receive
the award for her exceptional leadership at exactly the right time.
Judge Roby, a Magistrate Judge for the Eastern District of Louisiana with 17 years of
service, led the organization in 2012 through the critical deliberations to bring the salary restoration litigation which
resulted in a salary increase for all 600 magistrate judges in the country. Judge Roby, along with Judge Sidney
Schenkier and Judge Karen L. Strombom, successors in leadership who managed the litigation after Judge Roby’s
term expired, will also be honored with the award. Judge Roby during her tenure also led the organization through
digital communication enhancements which improved methods for magistrate judges to share information.
Judge Keesler, President of the Association, says that Judges Roby, Schenkier and Strombom were each “the right
leader at the right time whose steady hands, impeccable judgment, servant hearts and relentless focus led us through
a game-changing salary restoration effort.” The Award will be given to Judge Roby during the Association’s Annual
Meeting which will take place in San Francisco in July.
LUNCH WITH THE COURT
CHIEF FEDERAL DEFENDER CLAUDE KELLY
APRIL 13, 2016
On April 13, 2016, the Federal Bar Association,
Young Lawyers Division, sponsored a Lunch
with the Court hosted by the Chief Federal
Defender for the Eastern District of Louisiana,
Claude J. Kelly, III. The event was attended by
numerous lawyers, law students, and members
of Chief Kelley’s staff. Chief Kelly began the
lunch by introducing his staff and explaining the
inner workings of his office. The staff described
its work in recent trials and appeals. Chief Kelly
spoke of his previous work both as a prosecutor
and in private practice. The program was a great
opportunity for young lawyers or law students
interested in becoming a public defender or
prosecutor to learn about the daily work in federal
criminal law. The Lunch with the Court program is
hosted every other month by a different Judge or
Magistrate Judge and the Federal Bar Association,
Young Lawyers Division. It allows younger lawyers
and law students to observe federal practice from
both sides of the bench. PRO BONO CIVIL APPOINTMENTS
APRIL 14, 2016
The FBA hosted a free CLE
on April 14, 2016 to promote
the Eastern District’s Civil
Pro Bono Panel. Speakers
were Civil Pro Bono Panel
volunteers Raymond Waid,
who spoke extensively about
the Hague Convention Child
Custody case he volunteered
to take as part of the Panel’s
Left to right: Erin Arnold,
work. Mr. Waid provided
Magistrate Judge Joseph
a thorough overview of the Wilkinson, and Alysson Mills
Hague Convention cases,
and shared with the audience his experience in both taking
the case to trial and arguing the appeal before the 5th Circuit
Court of Appeals. Pro Bono Panel volunteer Alysson Mills
also spoke about the prisoner civil rights case she handled
through the Civil Pro Bono Panel. Finally, Magistrate Judge
Wilkinson gave the audience an overview of how the program
works and invited others to volunteer.
There were over 50 people in attendance, and the FBA
received very positive feedback on the CLE from the audience
members.
The Younger Lawyers Division hosted
their annual Cocktails with the Court event
on June 16, 2016, at the recently opened
Ace Hotel on Carondelet Street. Attendees,
which included many summer clerks,
mingled with several members of the
federal judiciary and members of the EDLA
Clerk of Court’s Office in a courtyard that
provided an escape from the heat. The Ace
occupies a recently renovated 1928 art
deco building that was once home to the
Max Barnett Furniture Store before being
converted into office space. The venue
provides new event space convenient to the
EDLA and Fifth Circuit federal courts.
HONORABLE MARY ANN VIAL LEMMON RECEIVES 2016 AMERICAN INNS OF COURT
PROFESSIONALISM AWARD FOR THE FIFTH CIRCUIT
Judge Mary Ann Vial Lemmon was selected to receive the prestigious 2016
American Inns of Court Professionalism Award for the Fifth Circuit. The award
was presented on May 10, 2016 at the Fifth Circuit Judicial Conference in
Houston by Chief Judge Carl E. Stewart & Brigadier General, Malinda Dunn,
U.S. Army (Ret.).
Lemmon is a judge for the U.S. District Court, Eastern District of Louisiana,
where she has served since 1996. A native of St. Charles Parish, Louisiana, she
has devoted her professional career to the community, serving in numerous roles
as district judge, judge pro tempore, and judge ad hoc in many of the parish
judicial district courts. On the 29th Judicial District Court for the Parishes of St.
Charles and St. John the Baptist, she served four terms as chief judge. Before
taking the bench, she was in private practice at Vial, Vial & Lemmon with her father and her husband,
Harry T. Lemmon, Associate Justice of the Supreme Court of Louisiana (retired).
A graduate of Loyola Law School in New Orleans, Lemmon serves on its Visiting Committee and
received its outstanding alumnus “St. Ives Award” in 2010. She is a Fellow of the Louisiana Bar
Foundation and of the American Bar Foundation. She is a member of the Judicial Council of the Fifth
Circuit, the Federal Judges Association, and the American Bar Association, and she is a member of the
Board of Directors of the Federal Bar Association. Lemmon is an Emeritus member of the Thomas More
– Loyola Law School American Inn of Court and currently serves as the Inn’s program chair.
The American Inns of Court Professionalism Awards are awarded in participating federal circuits, to a
lawyer or judge whose life and practice display sterling character, unquestioned integrity, and dedication
to the highest standards of the legal profession and the rule of law.
T H E A D V O C AT E
COCKTAILS WITH THE COURT
JUNE 16, 2016
7
NOTICE OF ANNUAL MEETING AND ELECTION OF OFFICERS AND DIRECTORS
AUGUST 25, 2016
The New Orleans Chapter of the Federal Bar Association will host its Annual Meeting and Awards Luncheon on
Thursday, August 25, 2016, at The Westin New Orleans Canal Place. Please see the registration form on the facing
page for additional details.
In accordance with the Chapter’s By-Laws, Kelly T. Scalise, our current President-Elect, will automatically succeed
the Hon. Sarah S. Vance, as President of our Chapter. Election of the remaining officers and directors will take place
at the Annual Meeting. The Nominating Committee has nominated the following:
Chapter Officers
President:Kelly T. Scalise
President-Elect: W. Raley Alford, III
Treasurer: Kathryn M. Knight
Recording Secretary: Steven F. Griffith, Jr.
Membership Chair: Michael J. Ecuyer
Immediate Past President:
Hon. Sarah S. Vance
Younger Lawyers Representative: Megan M. Dupuy
Ex Officio:
CC Kahr, Executive Director
Hon. William Blevins, Clerk of Court, EDLA
Chapter Board of Directors
Erin K. Arnold
John Balhoff, II
Hon. Carl J. Barbier
Hon. Nannette Jolivette Brown
Brian J. Capitelli
Hon. Lyle W. Cayce
Lawrence Joseph Centola, III
José R. Cot
Donna Phillips Currault
Tiffany Delery Davis
Joelle Flannigan Evans
Harold J. Flanagan
Kathleen C. Gasparian
Soren Gisleson
Alida C. Hainkel
Lesli D. Harris
Hon. Stephen A. Higginson
Claude J. Kelly, III
Tracey Knight
Hon. Mary Ann Vial Lemmon
Amy S. Malish
Omar K. Mason
Diana Mercer
Hon. Jane Triche Milazzo
Hon. Susie Morgan
Thomas Kent Morrison
Stephen G.A. Myers
Hon. Michael North
Andrea M. Price
Sally Brown Richardson
Bradley J. Schlotterer
Paul M. Sterbcow
Hon. Janis van Meerveld
Peter J. Wanek
Lara E. White
Younger Lawyers Division Officers and Directors – 2016-2017
Officers
Chair: Megan M. Dupuy
Past Chair: Jennifer L. Englander
Vice Chair: Christopher J. Weema
Secretary: Scott L. Sternberg
Treasurer: Sara A. Johnson
Board of Directors
Amenah M. Abdelfattah
Michael B. Admirand
Laura F. Ashley
Chloé M. Chetta
Tod J. Everage
Eric A. Foley
Jonathan S. Forester
Susan Keller-Garcia
Shirin Hakimzdeh
M. Palmer Lambert
Philip D. Lorio
Arthur R. Kraatz
Randy “RJ” Marse
Annie G. McBride
Alysson L. Mills
Sarah Voorhies Myers
K. Paige O’Hale
J. Douglas Rhorer
Emmy Gill Schroeter
William W. Sentell, III
Meghan B. Senter
Elizabeth R. R. Showalter
Sarah E. Stogner
Graham H. Williams
J. Christopher Zainey, Jr.
New Orleans Chapter
Annual Meeting and Awards Luncheon
Thursday, August 25, 2016
11 am Cocktails ~ 12 Noon Luncheon
The Westin New Orleans Canal Place
Keynote Speaker: Professor Jonathan Turley
T H E A D V O C AT E
Federal Bar
Association
Professor Jonathan Turley, The George Washington University Law School, is a nationally recognized
legal scholar who has often testified in Congress on constitutional and statutory areas. In addition to his
extensive publications, Professor Turley has served as counsel in some of the most notable cases in the
last two decades. He has represented members of all three branches of government from congressional
members to federal judges to Justice and intelligence officials. Professor Turley has written and testified
extensively on what he calls the “rise of the Fourth Branch” of federal agencies within our constitutional
system. In November 2014, Turley agreed to serve as lead counsel to the United States House of
Representatives in its constitutional challenge to changes ordered by President Obama to the Affordable
Care Act. Professor Turley also appears regularly as a legal expert on all of the major television networks
and has previously worked for both NBC and CBS. His award-winning blog is routinely ranked as one
of the most popular legal blogs and, in 2013, was inducted into the ABA Journal’s Hall of Fame.
R.S.V.P.
by August 18, 2016
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 18, 2016. For additional information, please contact
CC Kahr, Executive Director, by phone at (504) 589-7990 or by email at [email protected].
9
CLERK’S CORNER
U.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA
TRIAL EXHIBITS IN CM/ECF
BY: CAROL MICHEL, CHIEF DEPUTY CLERK
The district court’s preparation of the record, including exhibits admitted or proffered in court during trials or hearings,
for submission to the appellate court for appellate review has evolved with the advent of CM/ECF (Case Management/
Electronic Case Files) in federal courts.
Until a few years ago, if they were paper documents, the original exhibits admitted or proffered in open court during trial
or an evidentiary hearing were physically delivered to the Fifth Circuit after an appeal was filed and the appellate court
requested the exhibits. Physical exhibits would generally remain in the custody of the district court’s Clerk’s Office or, if
they were firearms or narcotics, in the custody of the law enforcement agency for safety reasons. If the appellant or the
appellee needed access to the trial exhibits for briefing purposes and the trial exhibits had been transmitted to the Fifth
Circuit, counsel or the pro se party would be required to obtain the exhibits from the Fifth Circuit Clerk’s Office.
Within the last three years, the Eastern District of Louisiana has provided copies of trial exhibits in PDF format to the Fifth
Circuit on disk. At the conclusion of a trial or an evidentiary hearing, the Court required each party to provide a scanned
PDF version of all admitted or proffered exhibits on disk to the judge’s case manager. When the case was appealed, the
appeals clerk provided the disk with the electronic copy of the exhibits in PDF format to the Fifth Circuit. The original
paper documents remained with the district court clerk’s office.
Now that the Fifth Circuit utilizes an “Electronic Record on Appeal” program or “EROA” which creates the Record on
Appeal electronically through CM/ECF, the submission of trial exhibits to the appellate court during the appellate process
will be through CM/ECF. The Fifth Circuit has requested that, if a notice of appeal is filed, the district court file and docket
all trial and evidentiary hearing exhibits into CM/ECF so that the exhibits can become part of the EROA and accessible
by the appellate court electronically. Beginning in June 2016, the Clerk’s Office for the Eastern District of Louisiana
is implementing the following procedures for filing and docketing trial and evidentiary hearing exhibits into CM/ECF.
These procedures have been approved by the judges at an en banc meeting.
1) When a Notice of Appeal is filed, trial and evidentiary hearing exhibits capable of being converted to PDF
documents which were admitted into evidence or proffered will be filed and docketed into CM/ECF.
2) An Eastern District of Louisiana judge has the discretion to exempt any case from filing and docketing exhibits
into CM/ECF.
3) Immediately after a trial or evidentiary hearing concludes, the district judge will issue an order directing the
parties to submit a disk containing one PDF copy of each exhibit admitted into evidence or proffered.
4) If a Notice of Appeal is filed, the judge’s case manager will send a Notice of Redaction Responsibility for
Trial Exhibits to all counsel of record and pro se parties advising that trial and evidentiary hearing exhibits not
admitted under seal will be filed and docketed into CM/ECF. The Notice will advise that it is the responsibility
of all counsel of record and pro se parties to review all trial and evidentiary hearing exhibits to determine if they
should be redacted in accordance with all applicable Federal Rules of Civil, Criminal, Appellate, and Bankruptcy
Procedures.
cont’d on page 11
BY: CAROL MICHEL, CHIEF DEPUTY CLERK (cont’d)
5) The Notice of Redaction Responsibility will also advise that the party has 14 days from the date of
the filing of the Notice of Appeal to provide a redacted version of the trial or evidentiary hearing
exhibits which complies with applicable Federal Rules (i.e., Federal Rule of Appellate Procedure
25(a)(5), Federal Rule of Civil Procedure 5.2, Federal Rule of Criminal Procedure 49.1, or Federal
Rule of Bankruptcy Procedure 9037).
6) In addition, if the admitted or proffered exhibit contains sensitive information, but the trial exhibit
was not received under seal, counsel of record or the pro se party may file a motion seeking to redact
the sensitive information and, if granted, counsel or the pro se party shall provide to the Clerk’s
Office through the judge’s case manager a redacted version of the trial exhibit in PDF format on a
disk marked “Redacted Exhibits” for filing and docketing in CM/ECF.
7) If, within 14 days after the filing of a Notice of Appeal, the parties do not file a redacted version of a
trial or evidentiary hearing exhibit which complies with applicable Federal Rules indicated above,
or do not file a motion to submit a redacted version of an exhibit containing information the party
considers sensitive, the district court Clerk’s Office will file and docket the unredacted exhibit into
CM/ECF.
8) The parties are advised that the duty to review trial exhibits for sensitive information and to redact
information from the exhibits in accordance with the Federal Rules of Appellate, Civil, Criminal
and Bankruptcy Rules is that of counsel and the pro se parties. The Court and the Clerk’s Office
have no responsibility to review trial exhibits for redaction purposes.
9) Unless an exhibit is admitted under seal or a redacted version is provided in accordance with these
procedures, the trial exhibit will be filed and docketed into CM/ECF and accessible by court users
and case participants. Upon request, remote public access will be provided to all non-sealed exhibits
or exhibits redacted in accordance with these procedures.
10) On appeal, trial and evidentiary hearing exhibits will be available to the parties in accordance with
the Fifth Circuit’s EROA rules and procedures.
11) If the trial exhibit was admitted under seal, the party to an appeal may obtain access to the sealed
exhibits and any sealed documents by filing a motion with the Fifth Circuit requesting access to
the sealed documents and exhibits. If the Fifth Circuit grants this request, the Eastern District of
Louisiana’s Clerk’s Office will provide the party with a PDF copy of the sealed documents and
exhibits on a disk.
If you have questions regarding the district court’s procedures for filing trial exhibits in CM/ECF, please
contact the judge’s case manager, James Crull, the case manager supervisor, Bonnie Catalanotto, the
docketing supervisor, or me, and we will assist you.
T H E A D V O C AT E
CLERK’S CORNER
U.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA
TRIAL EXHIBITS IN CM/ECF
11
Federal Bar
Association
New Orleans Chapter
The Supreme Court: Cases and Controversies
An exploration of the current nomination controversy, the history of the court, and possible areas of reforms,
including Professor Turley’s proposal in Congress to expand the Supreme Court to 19 members.
August 26, 2016 at 12 p.m.
Professor Jonathan Turley, The George Washington University Law School, is a nationally
recognized legal scholar who has often testified in Congress on constitutional and statutory areas.
In addition to his extensive publications, Professor Turley has served as counsel in some of the
most notable cases in the last two decades. He has represented members of all three branches from
congressional members to federal judges to Justice and intelligence officials. Professor Turley has
written and testified extensively on what he calls the “rise of the Fourth Branch” of federal
agencies within our constitutional system. In November 2014, Turley agreed to serve as lead counsel to the
United States House of Representatives in its constitutional challenge to changes ordered by President Obama
to the ACA. Professor Turley also appears regularly as a legal expert on all of the major television networks
and has previously worked for both NBC and CBS. His award-winning blog is routinely ranked as one of the
most popular legal blogs and, in 2013, was inducted into the ABA Journal’s Hall of Fame.
Details
Date & Time: August 26, 2016 at 12 p.m.
(Please allow sufficient time for security screenings at the Courthouse. Registration opens 30 minutes before the program.)
Location: U.S. District Court – EDLA, 500 Poydras Street, C-279, New Orleans, LA
CLE: 1 Hour of CLE
Registration Fees:
FBA Member Rate - $35 (includes a light lunch)
Non-Member - $55 (includes a light lunch)
Government/Law Student - $20 (includes a light lunch)
The Supreme Court: Cases and Controversies
Name:__________________________________________________________________________________
Firm/Organization:________________________________________________________________________
Telephone:___________________ Email:_______________________________________________________
o FBA Member: $35
o Non-Member: $55
o Government /Law Student $20
Total $ ___________
To register online, please go to www.nofba.org. Otherwise, please complete the above registration and remit payment to the
Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Rm. B-245, New Orleans, LA 70130. Cancellations
must be received in writing two days in advance in order to receive a refund. Please contact CC Kahr, Executive Director,
by phone at (504) 589-7990 or by email at [email protected] with any questions.
For the first time, New Orleans was host to The
Federal Bar Association Immigration Law Section’s
Annual Immigration Law Conference from May
11th to 13th. The dynamic conference of more than
35 sessions included speakers from the immigration
courts, the federal courts, the Department of
Homeland Security, the Department of State, and a
wide variety of private bar attorneys. Three topical
CLE tracks covered Removal and Federal Court
Litigation, Family and Humanitarian Law, and
Business Immigration and Consular Practice. The
keynote speaker was Todd Miller, author of Border
Patrol Nation: Dispatches from the Front Lines of
Homeland Security and writer for NACLA Report
on the Americas. Attendees were afforded a number
of networking and social events, and were even able
to take a tour of the Port of New Orleans. Attendees
also had the opportunity to connect with, and support,
Eden House, a home for trafficking victims, which
was founded by ILS board member and conference
committee member Kara Van de Carr. Support for
the Eden House included collections and donations,
a chance to have lunch with its residents, and a work
project on the House on the morning of May 14.
NEW MEMBERS
The Federal Bar Association welcomes its new members:
Chynna M. Anderson
Loyola Law School
Ashley E. Arnold
Loyola Law School
Kristie L. Bowerman
Immigration & Nationality
Law Group
Bianca M. Brindisi
Loyola Law School
Theodore R. Carter, III
U.S. Department of Justice
Laurie D. Clark
Pusateri, Barrios, Guillot &
Greenbaum, LLC
Miriam K. Crespo
Law Office of John W. Redmann,
LLC
Maura M. Doherty
LA Capital Assistance Center
Monique G. Doucette
Ogletree, Deakins, Nash, Smoak
& Stewart, PC
Samuel Furman
Loyola Law School
T H E A D V O C AT E
IMMIGRATION LAW CONFERENCE – MAY 11 - MAY 13, 2016
John J. Gillon, Jr.
NIH/National Heart Lung
Blood Institute
Nathalia Brandstetter
Loyola Law School
Shirin Hakimzadeh
U.S. Attorney’s Office, EDLA
Dustin Poche
Wagar Richard Kutcher Tygier
& Luminais, LLP
Lambert J. Hassinger, Jr.
Galloway, Johnson, Tompkins, Burr
& Smith, APLC
Miguel A. Romero
The Katner Law Firm, LLC
Matthew D. Hemmer
Morris Bart
Christopher Leger
Loyola Law School
Mary E. Lorenz
Burglass & Tankersley, LLC
Kathleen A. Manning
McGlinchey Stafford, PLLC
Adrienne C. May
Shields Mott, LLP
Michael T. Moore, Jr.
Attorney at Law
Hope Phelps
Loyola Law School
William A. Schafer
Law Office of
Francis J. Lobrano, LLC
Don F. Shaw
World Trade Center of
New Orleans
Becky Stevenson
Loyola Law School
Lynda A. Tafaro
McCranie, Sistrunk, Anzelmo,
Hardy, McDaniel & Welch, LLC
Dayna M. Wheatley
Wheatley Immigration Law, LLC
John Yadamec
Loyola Law School
If you would like to become a member of the FBA, or know someone who would like to
become a member, please call Steven Griffith, Membership Chair, at (504) 566-5200, or
CC Kahr, Executive Director at (504) 589-7990 for more information.
13
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.
vJONES ACT AND GENERAL MARITIME
LAW
In Matthews v. Weeks Marine, Inc., Plaintiff was
employed as a cook on the RN WEEKS, a vessel owned
and operated by Defendant. On or about March 20 or
21, 2015, Plaintiff injured his right knee while working
on the vessel. At approximately 4:30 a.m., Plaintiff left
the galley where he worked and walked to the stern deck
to smoke a cigarette. As he walked toward the stern,
Plaintiff described seeing water on the deck, and slipped
on what he described as a “slick spot” and twisted his
right knee.
An MRI performed on Plaintiff’s right knee on April
22, 2015 showed a tear of the anterior horn of the lateral
meniscus, as well as a loss of articular cartilage involving
the lateral compartment of the knee and patella.
Plaintiff sought damages for negligence and
unseaworthiness, as well as maintenance and cure.
Defendant failed to pay any maintenance and cure to
Plaintiff.
The Court found that Plaintiff failed to prove his
negligence and unseaworthiness claims. Plaintiff failed
to carry his burden of proof to establish the nature of
the substance on which he slipped, or that there was any
foreign substance on the deck other than water, which
is a normal expected condition on a seagoing vessel.
Plaintiff also failed to introduce sufficient evidence
to show any unseaworthy conditions aboard the RN
WEEKS that played a substantial part in bringing about,
or actually causing, his right knee injury.
The Court found that Plaintiff was entitled to recover
maintenance and cure. The Court awarded him incurred
medical expenses and future medical expenses relating
to his treatment and surgery on his right knee. Plaintiff
had incurred $4,650.00 in medical expenses, and the
proposed total knee replacement will cost approximately
$45,885.00, excluding any costs for post-surgical care.
The Court also awarded maintenance benefits at the rate
of $20.00 per day from April 8, 2015 through the current
date, and at the rate of $35.00 per day from the date
of judgment until Plaintiff reaches maximum medical
improvement. The past due maintenance benefits will
accrue interest at a 4% rate from April 8, 2015 until paid.
Docket No. 15-1658, Section J(2) (Bench trial held
on May 23, 2016).
In Weeks Marine, Inc. v. Rodney Watson, Plaintiff
Watson, a cook on the vessel, B.E. LINDHOLM, was
injured when he was struck by a large steel steam cable
that toppled over in the galley in rough seas. Plaintiff’s
employer, Weeks Marine, cut off maintenance and cure
on January 15, 2015, relying on its doctor’s opinion that
Plaintiff had reached maximum medical improvement.
Plaintiff’s treating physicians have not made such a
finding and have recommended further surgeries to
improve Plaintiff’s condition. Plaintiff sought damages
for negligence and unseaworthiness, as well as punitive
damages and attorney’s fees based on Defendant’s
willful and wanton failure to pay maintenance and cure.
The Court ruled in favor of Plaintiff on all of his
claims and awarded the following damages:
$100,000.00 for past pain and suffering; $250,000.00
for future pain and suffering; $48,906.00 for past wage
loss; $400,000.00 for future loss of earning capacity;
$9,340.00 for maintenance through May 17, 2016;
$56,582.00 for past unpaid cure expenses; $20.00 per
day for future maintenance expenses until Plaintiff
reaches MMI; $125,000.00 for future medical expenses;
$100,000.00 for punitive damages for the willful failure
to pay maintenance and cure; and $50,000.00 for
attorney’s fees.
Docket No. 15-600 c/w 15-611, Section J(2) (Bench
trial held on May 16 – May 17, 2016).
In Jordan v. ENSCO Offshore Company, Plaintiff
was employed by the Defendant as a floorhand on
the ENSCO 8506, a semi-submersible drilling vessel
located in the Gulf of Mexico. On March 3, 2013, the
ENSCO 8506 was performing drilling operations for
Anadarko Petroleum Company. Plaintiff was assigned
cont’d on page 15
the night tour on March 3, 2013, working the drill
floor from 12:00 p.m. to 12:00 a.m. According
to Plaintiff, in the course of his duties, he was
instructed to pull on a metal cable spooled to
a yellow air hoist when a burr on the cable
penetrated his glove and punctured the tip of his
left index finger. The wound became infected and
Plaintiff developed reflex sympathetic dystrophy
in the finger. Plaintiff’s treating physician
recommended the finger be amputated. Plaintiff
sued alleging negligence under the Jones Act for
failing to get him timely medical treatment, and
that ENSCO 8506 was unseaworthy because of
the burr on the cable which punctured his finger.
Defendant’s theory of the case was that the
Plaintiff did not injure his finger on March 3 while
working as a floorhand on the ENSCO 8506.
Instead, Defendant argued that Plaintiff sliced
the tip of his left index finger on a pocket knife
on February 28, 2013, while at home. It was that
wound, according to Defendant, which caused
Plaintiff’s finger to become infected.
The jury returned a verdict finding that the
Defendant was not negligent under the Jones Act,
nor was the vessel unseaworthy. There was no
recovery by Plaintiff.
Docket No. 15-1226, Section E(1) (Jury trial
held on May 23 – May 26, 2016).
vCRIMES AND CRIMINAL PROCEDURE
ØCriminal – Medicare Fraud
In United States v. Elaine Davis, et al., the
United States charged two doctors and the owner of
a home health agency with one count of conspiracy
to commit health care fraud, in violation of 18
U.S.C. §1349, and multiple, substantive counts of
health care fraud, in violation of 18 U.S.C. §1347.
After deliberating for approximately nine
hours, the jury returned a mixed verdict.
Defendants, Elaine Davis and Dr. Pramela Ganji,
were found guilty of conspiracy and, together,
committing one substantive count of health care
fraud. However, both defendants were found not
guilty of the remaining counts of health care fraud
in which they were named. Dr. Ogboukiri was
found not guilty of all the charges he faced, which
included the conspiracy count and two counts of
health care fraud.
Docket No. 15-155, Section N (Jury trial held
on March 7, 2016).
vCIVIL ACTIONS
ØProducts Liability
Liability Act)
(Louisiana
Products
In Joel C. Thibodeaux v. Wellmate, et al.,
Plaintiff was hired by Chevron USA, Inc., in
June 2007 as an operator. A Wellmate 12 tank,
manufactured by Defendant, Pentair Water
Treatment OH Company, was installed as part of
a potable water system on the platform on which
Plaintiff was working. On July 5, 2011, Plaintiff
and two of his co-workers attempted to address
a pressure-related issue with the water pressure
tank. They isolated the tank from the system,
bled all the water pressure from the system, and
disconnected the plumbing connecting the tank’s
drain assembly to the system. While Plaintiff was
unscrewing the threaded drain assembly from
the bottom of the tank, pressure in the bladder
released and Plaintiff was injured. Every bone
from Plaintiff’s eyebrow to his chin was fractured,
requiring several medical procedures and
extensive treatment. Plaintiff sued Pentair under
the Louisiana Products Liability Act alleging the
Wellmate 12 tank was unreasonably dangerous
in construction or composition, unreasonably
dangerous in design, and unreasonably dangerous
because of inadequate warning. Defendant denied
all allegations.
The jury returned a verdict finding that
Defendant’s product was not unreasonably
dangerous.
Docket No. 12-1375, Section E(5) (Jury trial
held on May 31, 2016 – June 7, 2016).
T H E A D V O C AT E
TRIALS AND TRIBULATIONS (CONT’D)
15
Federal Bar Association
New Orleans Chapter
FIRST CLASS MAIL
U.S. POSTAGE
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c/o Hon. Sarah S. Vance
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NEW ORLEANS, LA
Interested in becoming a member of
the Federal Bar Association?
Contact:
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Editorial Board:
Michael Ecuyer, Brian Capitelli, Brad Schlotterer
Please contact us at:
[email protected]
[email protected]
[email protected]
SAVE THE DATE FOR UPCOMING EVENTS
Annual Meeting & Luncheon
August 25, 2016
11:00 a.m. Cocktail Reception
12:00 p.m. Luncheon
Westin Hotel Canal Place
The Supreme Court:
Cases and Controversies
August 26, 2016
12:00 p.m.
U.S. District Court, EDLA,
Room C-279
Trends in Louisiana Chemical
Exposure Cases
September 22, 2016
12:00 p.m.
Securing Appointments in
Louisiana Federal and
State Courts
Fall 2016
Annual Cultural
Heritage Seminar
Fall 2016
CJA Panel Training
Fall 2016
Admiralty Law Section CLE
December 1, 2016
U.S. District Court, EDLA,
Room C-279
For additional information or to register, please go to www.nofba.org,
Email [email protected], or call (504) 589-7990