A Time of Change in the Practice of Law; Be Prepared

Winter Edition 2009 Vol. 18, No. 2 Message from the President by James M. Garner A Time of Change in the Practice of Law; Be Prepared One thing never changes: What we do as lawyers changes constantly. The December bankruptcy seminar presented by our Chapter certainly supported that truism. The seminar was planned last Spring to be a basic 101 tutorial, a result of my early experiences in practice as a young lawyer in Bankruptcy court at which time I longed for such a tutorial. A seminar we planned six months ago to serve 30 attendees was attended by well over 65 attendees, younger and older lawyers alike attended. And, as an aside, we extend a special thank you to Judge Jerry Brown, Judge Elizabeth Magner, the Hon. Marla Hamilton, Brian Capitelli, Elwood Cahill, and Erin Arnold for their work on what was a very successful and informative event. Those who attended stated that the seminar was very good and prepared them for issues in Bankruptcy Court where many expected to practice for the first time in the months ahead. And as we now know, the law practice in bankruptcy, foreclosures, and other similar legal areas is presently and continues to be booming, even in New Orleans, which has been identified as one of the 10 cities in which to ride out the recession. Hurricane Katrina certainly prepared us to expect the unexpected and adapt to change in the legal terrain. What we all experienced in 2005 also reminded us not to take anything for granted. One thing that 20 years of practice has taught me, is to change and evolve, or find yourself with nothing to do. A year ago, had someone said that Lehman Brothers, Bear Stearns, Wachovia, and Washington Mutual would cease to exist as we knew them in less than a year; that Heller Ehrman, Thelen Reid and Thacher Proffitt & Wood would dissolve; or that the New Orleans legal market would be considered bustling as compared to cities like Charlotte, Seattle, New York, or others of like size, I would have recommended he or she consider help. Yet all of these events have come to pass. And much like the demise of Enron and WorldCom impacted law firms in Texas and Mississippi, what was a sterling practice and client one day to law firms who practiced banking and mortgage backed securities law, was nonexistent the next. And the current issues not only affect the demise of clients of a firm, but even firms themselves. According to news reports, in the case of Heller Erhman, its life blood was a $500 million line of credit. In addition to the loss of some large litigation, the inability or decision of lenders not to renew that line of credit led to the demise of a San Francisco based institution. In my legal career we have not experienced what we now potentially face and what many others, particularly outside of Louisiana, are facing. And when I had lunch recently with one of our own legal institutions who has practiced for over 40 years, I asked him, has New Orleans ever seen a real downturn in the legal business? After a moment of thought, he said the early 1970s were not very kind to law firms. And when I asked this legal stalwart how the better lawyers handled that time, he stated, Do what you do best; do it every day; don t be afraid of change, but embrace it. So as we embark into this historic time, perhaps ironically blessed as a result of our experiences with Hurricane Katrina, change will be the measure of the day and the one thing we as all lawyers will confront. FBA 2010 Update: We have collected $55,500.00 in sponsorships for the national convention to be hosted by our chapter, and $133,000.00 in pledges. If you haven t already, please consider being a law firm sponsor: $7500 for platinum, $5000 for gold, $2500 for silver, and $1500 for bronze. The payments can be made now in two parts, one in 2009 and one in 2010. Editorial Board: Christopher J. Alfieri, Eric R. Nowak and Celeste Coco-Ewing

The Honorable Antonin Scalia, Justice of the U.S. Supreme Court, Becomes Honorary Lifetime Fellow of the Foundation of the Federal Bar Association The Foundation of the Federal Bar Association accepted the New Orleans Chapter s nomination of Justice Antonin Scalia for Honorary Life Fellow in the Foundation. Justice Scalia accepted his nomination on October 13, 2008, at a brunch hosted by the New Orleans Chapter at Galatorie s. Over one hundred Chapter members and Judges were on hand for the presentation to Justice Scalia of his certificate of Honorary Life Fellow and Foundation pin by the Foundation President, David Rosenbaum of Phoenix, and the Chairman of the Fellows, David Guerry of Baton Rouge. Upon acceptance, Justice Scalia spoke to the audience briefly about the Fourth Branch of the federal government. Judge Martin L.C. Feldman was also honored and recognized for his 25 years of service on the bench. Justice Scalia is the second United States Supreme Court Justice to accept this honor from the Foundation. Justice Beyer was nominated by the Puerto Rico Chapter and became an Honorary Life Fellow in 2008. The Foundation s mission is to: 1) Promote and support legal research and education; 2) Advance the science of jurisprudence; 3) Facilitate the administration of justice; and 4) Foster improvement in the practice of Federal law. The prestigious Fellows program of the Foundation in which a person is nominated and accepted and who pledges at least $1,500 over ten years has now grown to over 180 members and the annual Fellows luncheon and dinner programs have become anticipated events. Justice Antonin Scalia Grants in recent years from the Foundation demonstrate the importance of its efforts. The Foundation helped co-sponsor a national conference on judicial independence led by Justice Sandra O Connor. It funded the FBA s White Paper on Judicial Education. Its Hurricane Katrina Disaster Relief Fund provided money to support legal assistance and professional support for those affected by the storm. The Foundation has also provided numerous scholarships for law school students and for children of federal lawyers. Only one year since its inception, the Foundation s one-percent set-aside program now has half a dozen local FBA Chapter participants and their ranks are growing. Foundation President David Rosenbaum, Chair of the Fellows, David Guerry, and Justice Antonin Scalia New Orleans Chapter FBA President James Garner, Justice Antonin Scalia and Judge Martin L.C. Feldman Foundation President David Rosenbaum, Chair of the Fellows, David Guerry, and Justice Antonin Scalia 2 Advocate

Justice Antonin Scalia ACCEPTS Lifetime Fellow Award Justice Antonin Scalia and Ashley Belleau Judge Martin L. C. Feldman and Greg Grimsal Lee Sher and Judge Kurt Engelhardt Mike Ellis, Stevan Dittman and Nathalie M. Walker Virginia L. Schlueter, Barry Ashe and Ashley Belleau Robert Brode, Barry Ashe and Phil Wittman Mike DePetrillo, Laura Ashley, Neely Griffith and Andy Lee Debra Fischman, Nicole Tygier and Billy Gibbens Advocate 3

ANNUAL NATIONAL SEMINAR on the FEDERAL SENTENCING GUIDELINES PRESENTED BY THE UNITED STATES SENTENCING COMMISSION Wednesday through Friday ~ June 10 through 12, 2009 New Orleans Hilton Riverside ~ New Orleans, LA NO TUITION ~ NO REGISTRATION FEE SEMINAR REGISTRATION REQUIRED TOPICS INCLUDE: Introduction to Sentencing Guidelines (Wednesday only, optional) Sentencing Reform Act: 25 Years Later Tips from the District Court Bench Update from the Sentencing Commission New Guideline Amendments Guideline Departures and Variances Relevant Conduct Immigration Offenses Drug Offenses Fraud & Theft Offenses Criminal History Organizational Guidelines Chapter Three Adjustments Child Pornography and Sex Offenses Firearms Offenses Alternatives to Incarceration Restitution Issues Grouping of Multiple Counts Specific training sessions for defense attorneys, probation officers, and prosecutors This is a seminar you won t want to miss. Please join us to discuss the latest issues in federal sentencing with some of the top experts in the field. For hotel reservations call the New Orleans Hilton Riverside at (504) 561-0500. For the special room rate, mention you are attending the Federal Sentencing Seminar. MORE INFORMATION TO FOLLOW 4 Advocate

FEDERAL BAR ASSOCIATION HOSTS ANNUAL BANKRUPTCY SEMINAR Bankruptcy CLE Attendees The FBA sponsored a CLE on December 4, 2008, on Bankruptcy and Consumer Law for Non-Specialists. It was held in the courtroom of U.S. Bankruptcy Judge Jerry A. Brown. The speakers were Bill Cherbonnier of New Orleans, and Garth Ridge of Baton Rouge. Additionally, there was a Judges Panel on ethics hosted by Elwood Cahill of New Orleans, with U.S. Bankruptcy Judges Jerry A. Brown and Elizabeth W. Magner of the Eastern District of Louisiana and Douglas A. Dodd of the Western District of Louisiana. Thirty seven people attended the CLE and received credit. A wine and cheese reception with the Judges followed the seminar. Elwood Hill, Garth Ridge and Bill Cherbonnier Elwood Cahill, Judge Elizabeth Magner, Douglas A. Dodd and Judge Jerry A. Brown LUNCH WITH THE COURT Lunch with Judge Alma Chasez UPCOMING LUNCH WITH THE COURT The Federal Bar Association s Lunch with the Court program continues with the following event: JUDGE JERRY A. BROWN MARCH 24, 2009 - NOON All of the events are held in the Judge s courtroom unless otherwise noted. Please contact Camille Zeller at 504-589-7990 if you wish to attend. Space is limited. The Lunch with the Court program, which is free for members of the Federal Bar Association, is a project of the Younger Lawyers Division. The program allows our Federal Bar members a unique opportunity to interact with the Federal bench in an informal setting. Advocate 5

FEDERAL BAR ASSOCIATION NEW ORLEANS CHAPTER Presents COPYRIGHT AND CREATIVITY: When Art Meets Commerce What Happens March 5, 2009-2:00 p.m. 4:15 p.m. Court Room C501, 500 Poydras Street, New Orleans, Louisiana 2 Credit Hours $15.00 Per Hour - FBA Members $35 Per Hour Non-FBA Members 2:00 4:15 p.m. Raymond J. Dowd, Dunnington Bartholow & Miller, LLP Author of Copyright Litigation Handbook, Thompson West, 2006 Edition Copyright and Creativity CLE Registration Form Name Firm Name/Employer Address Phone Fax E-Mail FBA Members: $15 Per Hour Non-Members: $35 Per Hour Please return this form and remittance to: Camille Zeller, Attorney Conference Center Make Checks Payable to FBA Hale Boggs Federal Building, Room 364 500 Poydras Street New Orleans, LA 70130 Phone 504-589-7990 6 Advocate

FEDERAL BAR ASSOCIATION HOSTS ANNUAL MALCOLM W. MONROE FEDERAL PRACTICE SEMINAR On November 20, 2008, the Younger Lawyers Division of the New Orleans Chapter of the Federal Bar Association hosted its annual Malcolm W. Monroe Federal Practice Seminar at the Pan American Life Conference Center. The Malcolm Monroe Seminar offers attorneys a unique opportunity to fulfill Continuing Legal Education requirements and at the same time obtain admission to all federal courts in Louisiana, including the U.S. Court of Appeals for the Fifth Circuit, in a joint admission ceremony held at the end of the seminar. In addition, by registering for the seminar, attendees become members of the Federal Bar Association. Chief Judge Sarah S. Vance, Judge Jay C. Zainey, Magistrate Judge Joseph C. Wilkinson, Jr., and attorney Richard Westling spoke on topics including Rule 11, Professionalism, the Federal Rules of Civil Procedure, and Law Practice Management. More than 150 lawyers attended the seminar, and the New Orleans Chapter welcomed 112 new members. Chief Judge Sarah S. Vance Judge Zay C. Zainey Magistrate Judge Joseph C. Wilkinson, Jr. Richard Westling Billy Gibbens Participants at Malcolm W. Monroe Federal Practice Seminar Advocate 7

FEDERAL BAR ASSOCIATION HOSTS ANNUAL JUDGES RECEPTION This year the Federal Bar Association New Orleans Chapter hosted its annual Federal Judges Reception on Thursday, November 6, 2008. With a wonderful attendance of approximately 225 individuals, the legal community of the Eastern District gathered to honor no less than 15 judges representing the United States Eastern & Middle Districts, the U.S. Fifth Circuit Court of Appeals and the Louisiana Supreme Court, as well as their judicial clerks and staff members. The event was underwritten by the generous support of several local law firms listed here. Through the graciousness of the Louisiana Supreme Court, the event was held at their elegant Royal Street courthouse. A lovely red carpet was laid out with tables decorated with seasonal autumnal colored flowers. While entertained by Joe Simon s Jazz Band, the attendees dined on Crabmeat Mornay, Pork Tenderloin and Seared Tuna prepared by New Orleans Catering. Security for the event was provided by the Office of the United States Marshal. Once again, off the main atrium of the courthouse, access to the museum of the Louisiana Supreme Court was provided for the evening to all guests. Georgia Chadwick, Louisiana Supreme Court Librarian and a member of the Louisiana Supreme Court Historical Society and Louis de la Vergne gave tours of an exhibit celebrating the bicentennial of the Digest of 1808 featuring the Louisiana Supreme Court s rare Spanish materials which were the basis of the Digest. A special thanks goes to Allen Miller, Chuck Talley and Janet Daley Duval who chaired the committee that organized this year s Federal Judges Reception. Many thanks as well to all those who attended the reception and those who contributed so generously in support of the event and in honor of our judiciary. Judge Stanwood R. Duval, Jr., Judge Peter Beer, Judge Mary Ann Vial Lemmon, and Judge A. J. McNamara Chief Justice Catherine D. (Kitty) Kimball and Chief Judge Sarah S. Vance The event was underwritten by the generous support of the following law firms: PLATINUM Adams and Reese Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes, L.L.P. Frilot L.L.C. Galloway, Johnson, Tompkins, Burr & Smith Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P. Herman, Herman, Katz & Cotlar, L.L.P. Irwin Fritchie Urquhart & Moore L.L.C. Johnson, Johnson, Barrios & Yacoubian Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P. Kean Miller Hawthorne D Armond McCowan & Jarman L.L.P. Liskow & Lewis McGlinchey Stafford P.L.L.C. Phelps Dunbar L.L.P. Sher, Garner, Cahill, Richter, Klein & Hilbert, L.L.C. Stanley, Flanagan & Reuter, L.L.C. Stone Pigman Walther Wittmann L.L.C. The Law Office of Joseph M. Bruno, A.P.L.C. GOLD Deutsch, Kerrigan & Stiles, L.L.P. Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. King, Krebs & Jurgens, P.L.L.C. Krebs Farley & Pelleteri, L.L.C. McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel PC Mouledoux, Bland, Legrand & Brackett SILVER Chaffe McCall, L.L.P. Christovich & Kearney, L.L.P. Chopin, Wagar, Richard & Kutcher, L.L.P. Fowler Rodriguez Valdes-Fauli Lemle Kelleher, L.L.P. Lynn Luker & Associates, L.L.C. Milling Benson Woodward L.L.P. Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P. 8 Advocate

FEDERAL BAR ASSOCIATION HOSTS ANNUAL JUDGES RECEPTION Matthew Moreland, Jennifer M. Lawrence and Judge Virginia Roddy Stevan Dittman, Judge Marla Hamilton, Wendy Hickock-Robinson and Barry Ashe Judge Douglas Dodd, Judge Elizabeth W. Magner, and Judge Jerry Brown Judge Stanwood R. Duval, Jr., Janet Daley Duval, Judge A. J. McNamara and Mrs. McNamara Mrs. Calogero, Judge Pascal Calogero, Debbie Rouen, Aimee Quirk, and Mark Beebe Don Haycraft and Dana Douglas Advocate 9

FEDERAL BAR ASSOCIATION HOSTS ANNUAL JUDGES RECEPTION Ashley Belleau and Donald Donny Abaunza Judge Pascal Calogero, Stephen Griffith, Jr. and Virginia L. Schlueter Kim Boyle and Elwood Cahill Judge Daniel E. Knowles, III, Don Haycraft and Richard Cozad Ryan McCabe, Patrick O Keefe, Judge Kurt D. Engelhardt and Alexis Parrish Jo Aline Chocheles and Camille Zeller at registration table 10 Advocate

FEDERAL BAR ASSOCIATION NEW ORLEANS CHAPTER Presents the 17th Annual Judge Alvin B. Rubin Symposium An Annual Panel Discussion on Aspects of Federal Law or Federal Practice Held as a Living Memorial to Judge Rubin s Contribution to Federal Jurisprudence and Legal Scholarship. Topic: An Interesting and Timely Discussion of Ethics and Professionalism ( 2.0 Credit Hours ) Date: Location: Speaker: Thursday, May 14, 2009 2:00 p.m. - 4:00 p.m. Ceremonial Courtroom, 5th Floor United States District Court, Eastern District of Louisiana 500 Poydras Street, New Orleans, Louisiana Professor David Wilkins, Lester Kissel Professor of Law Harvard Law School Judge Alvin B. Rubin Symposium Registration Form Name Firm Name/Employer Address Phone Fax E-Mail Enclosed Fee: ($25 in advance for FBA Members; $35 at the door) ($50 in advance for non-fba Members; $60 at the door) ($15 discounted fee for Federal Judicial Law Clerks, Staff Attorneys, and Governmental Agency Attorneys) Please return this form and remittance to: Camille Zeller, Attorney Conference Center Make Checks Payable to FBA Hale Boggs Federal Building, Room 364 500 Poydras Street New Orleans, LA 70130 Phone 504-589-7990 No refunds after May 14, 2009 Advocate 11

FEDERAL BAR ASSOCIATION HOSTS LAST CHANCE CLE SEMINAR The Federal Bar Association s New Orleans Chapter presented its annual Last Chance CLE on the topics of Professionalism and Ethics on December 9, 2008. The seminar was very well attended. Professor Dane S. Ciolino was the ethics speaker, and he addressed whether the traditional rhetorical techniques of the effective advocate are consistent with the rules of legal ethics. Judge Ginger Berrigan gave a talk untitled Legal Professionalism Along the Yellow Brick Road. Judge Berrigan discussed in her thoughtful and entertaining presentation, the lessons that the Wizard of Oz provides us about the characteristics of a professional lawyer. Hon. Ginger Berrigan speaks at Last Chance CLE Seminar Professor Dane S. Ciolino addresses the attendees at the Last Chance CLE Seminar Registration table Mike DePetrillo and Vanessa D Souza Sara E. Mouledoux and Seth J. Bloom ATTORNEYS ON THE MOVE Thomas M. Flanagan and Harold Flanagan, have formed a new law firm, Flanagan Partners, LLP. Associated with the firm are Stephen M. Pesce, Jamie Cangelosi, and Brandon Briscoe. The firm is located at 201 St. Charles Ave., Ste. 2405, New Orleans, LA 70170, Telephone: (504) 569-0235, Fax: (504) 592-0251, and website: www.flanaganpartners.com 12 Advocate

FEDERAL BAR ASSOCIATION HOSTS ANNUAL YLD CHRISTMAS PARTY Chief Judge Edith H. Jones, U.S. Court of Appeals for the 5th Circuit and Judge Jerry A. Brown, U.S. Bankruptcy Court Judge Carl J. Barbier, Donna Phillips Currault and Tim Eagan Bill Wright, Magistrate Judge Sally Shushan and Thomas Haller Jackson Judge Ivan L.R. Lemelle, Dana Douglas, and Brian J. Capitelli Brian J. Capitelli, Judge Mary Ann Vial Lemmon and Erin Arnold Save the DateS FOR UPCOMING EVENTS The New Orleans Chapter and its Younger Lawyers Division will present the following events: COPYRIGHT & CREATIVITY: WHEN ART MEETS COMMERCE - WHAT HAPPENS MARCH 5, 2009 17th ANNUAL JUDGE ALVIN B. RUBIN SYMPOSIUM MAY 14, 2009 Additional information may be obtained on our website www.nofba.org or by contacting Camille Zeller at the Attorney Conference Center (589-7990 or fbano@bellsouth.net) or Billy Gibbens (billy@swemlaw.com). FEDERAL SENTENCING GUIDELINES SEMINAR JUNE 10-12, 2009 Advocate 13

Trials & Tribulations Lambeth House v. Liberty Restoration, Int l Fidelity & Surety, & Southern American Ins. Agency, 07-608 c/w 08-4967, Section N (Jury trial held January 5-9, 2009) Insurance Broker Liable For Bond Issued By Unauthorized Insurer The beneficiary of a construction bond sued the insurance broker who assisted in the procurement of the bond when it was discovered that the company that had issued the bond was not authorized to transact business in Louisiana or Texas. The suit was brought under a Texas statute allowing recovery against persons assisting in the procurement of insurance from an unauthorized insurer. A jury returned a verdict against the insurance broker. The jury found that the underlying construction contract had been breached by the contractor resulting in $2.7 million in damages. The jury further found that the broker was liable for the damages and that suit had been timely filed. Martin Garza Nunez v. Weeks Marine, Inc. and Atlantic Sounding Co., Inc., 06-3777, Section L (Jury trial held January 5-7, 2009) Maritime/Personal Injury The plaintiff, a member of a crew of a dredge, claimed he was injured when a cable fell from above hitting his neck, back and shoulders. He alleged negligence and unseaworthiness. The defendant maintained that the plaintiff should not have been standing where he was when the injury occurred and further disputed the extent of plaintiff s injuries. Following a three day trial, the jury returned verdict for the plaintiff, finding plaintiff was 75% at fault and defendant was 25% at fault. The jury awarded $10,000 in past medical expenses, $10,000 in future medical expenses, $66,000 in past wages, $40,000 in future wages, and $100,000 in pain and suffering. Gregory Stewart v. American Family Ins. Group, 06-9884, Section R (Jury trial held January 5, 2009) Motor Vehicle /Personal Injury The plaintiff and defendant were involved in an automobile accident. As a result of the accident, plaintiff claimed to have suffered neck injuries which required a two-disc cervical fusion. The parties stipulated to defendant s liability, leaving for trial the issues of comparative fault, loss of consortium for plaintiff s spouse, and the quantum of damages. The jury rendered a verdict for the plaintiff finding no comparative fault and awarding $300,000 in pain and suffering, $150,000 in loss of enjoyment of life, $88,583 in past medical expenses. And $14,500 in past lost wages. The jury awarded no damages on the loss of consortium claim. Jeannette Bonds v. John Trask et al, 06-7830, Section J (Jury trial held December 1, 2008) Motor Vehicle/Personal Injury The plaintiff, a passenger in a vehicle struck from behind, brought suit against the owner of the car, the driver, and their insurer, claiming aggravation of existing injuries from an prior, unrelated rear-end collision. The jury returned a $116,500 verdict for the plaintiff. Butterfly Transportation Corporation and Stamos Steamship Co., SA v. Bertucci Industrial Services, 04-3533, Section B (Bench trial held October 27-28, 2008. Post-trial oral argument 11/21/08) Maritime/Contract-Warranty of Workmanlike Performance The owner of a cargo vessel brought suit against the company hired to clean cargo residues from the vessel s holds when damage was discovered to the cargo s contents, soybeans, transported after the cleaning. The cleaning contract was a no cure no pay contract with cleaning operations to terminate upon the issuance of USDA and NCB passes for grain loading. The vessel had passed both inspections before being loaded with the cargo, soybeans. Following a bench trial, judgment was rendered in favor of the defendant cleaning company. The court found that the defendant had not breached the contract or the warranty of workmanlike performance. Belmont Commons, LLC v. Axis Surplus Insurance Co. and Brower Insurance Agency, LLC, 06-6879, Section B (Jury trial held November 3-7, 2008) Katrina Damage/Insurance Agent Liability The owner of commercial property leased for the operation of the Fairmont Hotel had purchased builder s risk insurance to cover the period during the renovation of the property. Following Hurricane Katrina, an insurance dispute arose between the plaintiff and its insurer. Plaintiff sued the insurer and the brokercon t on next page 14 Advocate

Trials & Tribulations (cont d) agent. As to the broker-agent, the plaintiff alleged that the agent had failed to advise about and/or obtain excess flood insurance and further alleged that the agent was liable for gaps in wind coverage. Plaintiff maintained that failure to obtain proper insurance thwarted its ability to make repairs and resulted in the loss of the long-term lease with the operators of the Fairmont. The insurer settled the claims against it. A five day trial resulted in a jury verdict for plaintiff in the amount of $556,000 on the claim that the agent had breached its fiduciary duty regarding excess flood and business interruption insurance. The jury found no breach of duty or liability for the alleged gaps in wind coverage. Aunt Sally s Praline Shops, Inc. v. United Fire and Casualty Company, 06-7674, Section K (Jury trial held September 29 October 1) Katrina Damage Case As a result of Hurricane Katrina, plaintiff sustained damages to its retail store and manufacturing facility and made a claim on its insurance policy for property damage and business interruption losses. The insurer, after many months, paid for some of the damages. The insurer then cancelled the insurance policy. Plaintiff brought suit to recover additional damages as well as penalties from its Katrina losses and for wrongful cancellation alleging it never received notice of cancellation. The jury returned a verdict for the plaintiff finding the insurer owed additional amounts for damages (awarding $293,932), had been arbitrary and capricious in failing to pay those amounts (awarding $171,351), and had not given sufficient notice of cancellation (awarding $13,622). Edward McCray v. Warden Marlin Peachey et al, 06-2794, Division 4 (Jury trial held August 25-27, 2008) 48 U.S.C 1983; state tort law The plaintiff, who was in jail following his arrest for second degree murder, was attacked by another inmate, a friend of the victim s family. After the attack, he requested protective custody, but instead was returned to the same cell. The plaintiff was attacked again, this time by the victim s cousin, also an inmate, who stabbed the plaintiff in the right eye. The plaintiff brought suit against the deputy, warden, and sheriff on theories of negligence and respondent superior following the second attack. He also brought a Section 1983 claim for failure to protect him from known risk of harm, among other things. The jury returned a verdict for the defendants on the Section 1983 claim and for the plaintiff against the warden and deputy on state law claims. The total award was $50,000. Comparative fault was allocated as follows: plaintiff (35%); the other inmate, not a party (40%); the warden (5%); and the deputy (20%). Sudo Properties v. Terrebonne Parish, 04-2559, Section C (Jury trial held August 18-22, 2008) Securities Fraud & Breach of Contract The plaintiff purchased a membership in a limited liability company that was established to operate an indoor football team in Houma, Louisiana. The L.L.C. never made a profit. The plaintiff, after listening to tapes of Parish meetings in which Parish employees said the plaintiff was asked to invest because of his deep pockets, brought suit against the Parish. The jury returned a verdict for the plaintiff and awarded $800,000 in damages. Drs. Marcus and Michael Pittman v. A&P, 07-3074, Section N (Jury trial held August 25-26, 2008) Breach of Commercial Lease A&P leased property from plaintiffs in Mandeville. The plaintiffs brought suit alleging that A&P had failed to return the property in good order and condition as required under the lease. A jury agreed and awarded the plaintiff $625,000 for repair costs and $1,200,000 in rent. Flo Ann Richmond v. Horace Mann Insurance Company, 07-5086, Section B(2) (Jury trial held January 20, 2009) Hurricane Katrina Homeowner s Insurance Contract Claim In this Katrina damage insurance dispute, plaintiff claimed her insurer had failed to pay for all structural and contents damage incurred as a result of the storm. The plaintiff also sought penalties under Sections 658 and 1220 of Louisiana Revised Statute Title 22. The jury awarded plaintiff $14,000 for structural damages and $0 for contents. No penalties were awarded. Advocate 15

New Members The Federal Bar Association welcomes its new members: Bruce Ashley Lacrecia Cade Carver, Darden, LLP Michael Carbo C. Caroline Favard Loyola Univ. College of Law Lori Mince Fishman, Haygood, Phelps et al Jack Morris Attorney at Law Evette Ungar Ungar & Byrne, APLC Amy Fontenot Liska, Exnicios & Nungesser David Loria Galloway, Johnson, Tompkin Burr & Smith Michael Nicaud Galloway, Johnson, Tompkins Burr & Smith Emilia Salas Frederick Swaim Galloway, Johnson, Tompkin, Burr & Smith Mary Cappie-Tavary Gabrielle Wilson-Prout Orleans Parish Clerk of Criminal Court Lauren Godshall Stone Pigman Walther Wittmann Chauntis Jenkins Porteous Hainkel et al If you would like to become a member of the FBA, or know someone who would like to become a member, please call Aimee Quirk, Membership Chair at 582-8256, or Camille Zeller at 589-7990 for more information. Federal Bar Association New Orleans Chapter c/o James M. Garner Chapter President 500 Poydras St., Room 364 New Orleans, LA 70130 FIRST CLASS MAIL U.S. POSTAGE P A I D PERMIT NO. 665 NEW ORLEANS, LA 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 Aimee Quirk c/o Attorney Conference Center 500 Poydras Street, Room 364 Hale Boggs Federal Building New Orleans, LA 70130 (504) 589-7990 Membership fee of $125 includes both national and chapter membership in the FBA. You can apply online at www.fedbar.org. EDITORIAL BOARD: Christopher J. Alfieri, Eric R. Nowak and Celeste Coco-Ewing