James Garner
Sher Garner Cahill Richter Klein & Hilbert
909 Poydras Street
Suite 2800
New Orleans, LA 70112
504-299-2102(direct)
504-299-2302(direct fax)
504-299-2100 (firm)
504-299-2300 (firm fax)
www.shergarner.com
Contact
Mr. Garner, a Member of the firm is a trial lawyer specializing in commercial and complex litigation. He has been lead counsel in cases in New Mexico, California, West Virginia, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana and Texas, involving complex and class action litigation ranging from asbestos exposure, benzene exposure, mass closings of big box retailers, noise pollution, commercial, banking, bankruptcy and financial litigation. He is admitted to practice before the federal courts in Arkansas and all courts in Texas and Louisiana. He serves as regional counsel for several companies.
Mr. Garner is very active in the oil and gas field, being a chemical engineer and former drilling engineer. He represents a number of companies as claimants in the BP Macondo Litigation. Mr. Garner is also lead counsel for Texas Brine Company in defending and prosecuting its claims in the Bayou Corne sinkhole litigation.
Mr. Garner has extensive appellate argument experience by regularly arguing before the U.S. Fifth Circuit Court of Appeals in New Orleans, the Louisiana Courts of Appeal and the Louisiana Supreme Court. He was unanimously appointed by the Tulane Faculty to Adjunct Lecturer in Law for the Fall 2014 Semester, teaching Advanced Appellate Advocacy at Tulane University School of Law.
While attending Tulane Law School, Mr. Garner served as a member of the Board of Editors for 1987-1988 and managing editor of the Tulane Law Review for 1988-1989. He is also a member of the Order of the Coif. As an undergraduate at Tulane, he was a member of the Tau Beta Pi, Phi Eta Sigma, Omega Chi Epsilon, and Omicron Delta Kappa honorary societies.
Professional and civic activities include: American (member); Louisiana (member) and Federal (Director, Membership Chair, Recording Secretary, Treasurer, President Elect and Vice-President, President and National Council Delegate, member) Bar Associations; Defense Research Institute (member); Louisiana Association of Business and Industry (member); Louisiana Bankers Association (member); Holy Cross High School (Board Member); Our Lady of Holy Cross College (Development Board); Tulane University (Admissions Council and Externship Committee); Tulane Law Review Board of Advisory Editors; St. Catherine of Siena Cub Scout Pack 230 Den Leader.
REPRESENTATIVE CASES:
Louapre v. Booher, WL 4555716 (La. App. 4th Cir. 2016)
Riccio v. Luminais, 192 So.3d 858 (La. App. 4th Cir. 2016)
Zeigler v. Housing Auth. of New Orleans, No. 2015-CA-0626, 2016 WL 1165437 (La. App. 4th Cir. 2016)
M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government, 182 So.3d 312 (La. App. 4th Cir. 2015)
Kenner Plumbing Supply, Inc. v. Rusich Detailing, Inc., 175 So.3d 479 (La. App. 5th Cir. 2015)
Hanover Ins. Co. v. Plaquemines Parish Government, 2015 WL 3953145 (E.D. La.)
Louisiana Pigment Co., L.P. v. Air Liquide America, L.P. , 149 So.3d 997 (La. App. 3rd Cir. 2014)
First Bank and Trust v. Redman Gaming of Louisiana, Inc. , 131 So.3d 224 (La. App. 5th Cir. 2013)
First Bank & Trust v. Treme, 129 So.3d 605 (La. App. 5th Cir. 2013)
Smoothie King Franchises, Inc. v. Southside Smoothie & Nutrition Center, Inc., 516 Fed.Appx. 362 (5th Cir. 2013)
Tolmas v. Parish of Jefferson, So.3d (La. App. 2nd Cir. 2013)
U.S. Fire Ins. Co. v. Housing Authority of New Orleans, F.Supp.2d (E.D. La. 2013)
Dennis Melancon, Inc. v. City of New Orleans, 703 F.3d 262 (5th Cir. 2012)
Rain CII Carbon, LLC v. ConocoPhillips Co., So.3d (La. App. 4th Cir. 2012)
In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir. 2012)
Marshall v. Air Liquide-Big Three, Inc., So.3d (La. App. 4th Cir. 2012)
Dennis Melancon, Inc. v. City of New Orleans, F.Supp.2d (E.D. La. 2012)
Rain CII Carbon, LLC v. ConocoPhillips Co., 674 F.3d 469 (5th Cir. 2012)
Crews & Assoc.’s, Inc. v. Nuveen High Yield Mun. Bond Fund, 783 F. Supp. 2d 1066 (E.D. Ark. 2011)
Safeguard Storage Properties, L.L.C. v. Donahue Favret Contractors, Inc., 60 So.3d 110 (La. App. 4th Cir. 2011)
Public Citizen Inc. v. Louisiana Attorney Disciplinary Bd., 632 F.3d 212 (5th Cir. 2011)
Wede v. Niche Marketing USA, LLC, 52 So.3d 60 (La. 2010)
In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2010)
Versai Management Corp. v. Clarendon America Ins. Co., 597 F.3d 729 (5th Cir. 2010)
Jeansonne v. New York Life Ins. Co., 11 So.3d 1160 (La. App. 3d Cir. 2009)
Royal Cloud Nine, L.L.C. v. Lafayette Ins. Co., 987 So. 2d 355 (La. App. 4th Cir. 2008)
Sher v. Lafayette Ins. Co., 988 So. 2d 186 (La. 2008)
In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007)
Cambridge Toxicology Group, Inc. v. Exnicios, 495 F.3d 169 (5th Cir. 2007)
Historic Restoration, Inc. v. RSUI Indemnity Company, 955 So.2d 200 (La. App. 4th Cir. 2007)
Larroquette v. Cardinal Health 200, Inc., 466 F.3d 373 (5th Cir. 2006)
Touro Infirmary v. Sizeler Architects, 947 So.2d 740 (La. App. 4th Cir. 2006)
Dillard University v. Lexington Ins. Co., 466 F. Supp. 2d 723 (E. D. La. 2006)
City of New Orleans' Dept. of Finance v. Touro Infirmary, 905 So.2d 314 (La. App. 4th Cir. 2005)
In re Crutcher-Tufts Resources, Inc., 347 B.R. 189 (Bkrtcy.E.D.La. 2005)
Memorial Hall Museum, Inc. v. University of New Orleans Foundation, 847 So. 2d 625, 2002-1810 (La. App. 4th Cir. 2003)
M.K.L. Development, L.L.C. v. City of New Orleans, 772 So. 2d 797 (La. App. 4th Cir. 2000)
Walls v. American Optical Corp., 740 So.2d 1262 (La. 1999)
Estate of Patout v. City of New Iberia, 738 So.2d 544 (La. 1999)
Dumas v. Angus Chemical Co., 728 So.2d 441 (La. App. 2 Cir. 1999)
Williams v. AKZO Nobel Chemicals, Inc., 999 S.W.2d. 836 (Tex. App. - Tyler 1999)
Earl J. Adams et al. v. J.E Merit Construction, Inc., 712 So.2d 88 (La 1998)
Simmons v. Templeton, 723 So.2d 1009 (La. App. 4 Cir. 1998)
TGX Corp. v. Simmons, 62 F.3d 666 (5th Cir. (La.) 1995)
U.S. v. Eighty Three Rolex Watches, 992 F.2d 508 (5th Cir. (Tex.) 1993)
Cole v. Celotex Corp., 599 So.2d 1058 (La. 1992)
HONORS & AWARDS:
Louisiana Super Lawyers 2007-2017, recognized in the New Orleans Top 50 (2013, 2015, 2016, 2017), and Louisiana Top 50 (2007-2013, 2015, 2016, 2017)
Best Lawyers in America since 2006 with special designations, during 2017 or a prior year, in Appellate Practice, Arbitration, Commercial Litigation, Construction Law, Eminent Domain and Condemnation Law, Litigation – Construction, Litigation – Environmental, Litigation – Securities, Mass Tort Litigation / Class Actions, Medical Malpractice Law, Mortgage Banking Foreclosure Law, Personal Injury Litigation, Product Liability Litigation, Professional Malpractice Law, 2006-2017
New Orleans Magazine, Top Lawyers, 2016
New Orleans CityBusiness - 2016 Leadership in Law Honoree
Chambers and Partners 2007 - 2016 USA Rankings in Litigation – Key Individuals: “The highly regarded James Garner is well versed in class action work, representing both plaintiffs and defendants in areas such as noise pollution, banking and the energy sector.”
Global Law Experts Oil & Gas Tort Litigation Attorney of the Year in the USA, 2015
2014-2015 Lawdragon 500 Leading Lawyers in America
2013 Top Rated Lawyer for Energy, Environmental and Natural Resources, Martindale-Hubbell
The Lawdragon 500 Leading Lawyers in America, 2007 - 2012
Lawdragon's 100 Managing Partners You Need to Know, 2008
The Lawdragon 500 New Stars, New Worlds, 2006
Top 50 Lawyers, Louisiana Super Lawyers: Appellate Law and Commercial, Mass Tort, Products Liability and Personal Injury Litigation, 2007 - 2012
Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys, Local Litigation Star, 2008 - 2014
Gerson Lehrman Group, GLG Leader, 2010 - Present
Super Lawyers, Corporate Counsel Edition -- Business Litigation, 2008
New Orleans City Business has awarded Mr. Garner the first annual Leadership in Law Award, as one of the top 50 Lawyers in New Orleans, 2005
New Orleans City Business Power Generation, 2003
PROFESSIONAL ASSOCIATIONS & MEMBERSHPS:
Louisiana Bar Foundaton, Education Committee, 2016 - 2017
Federal Bar Association, New Orleans Chapter, Immediate Past President and National Council Delegate, 2009 - 2010
Tulane Alumni Association Board, Board Member, 2009 - Present
Class Action, Mass Tort & Complex Litigation Section -- Louisiana State Bar Association, Vice Chair, 2009 - Present
Federal Bar Association, New Orleans Chapter, President and National Council Delegate, 2008 - 2009
Fore!kids Foundation, Associate Member, September 29, 2011 - Present
Xavier University of Louisiana, Board of Trustees, 2007 - 2011
Federal Bar Association, New Orleans Chapter, President-Elect and First Vice-President, 2007 - 2008
Xavier University Board of Visitors, Member, 2006 - Present
Federal Bar Association, New Orleans Chapter, Treasurer, 2006 - 2007
Federal Bar Association, New Orleans Chapter, Recording Secretary, 2005 - 2006
Federal Bar Association, New Orleans Chapter, Membership Chair, 2004 - 2005
Federal Bar Association, New Orleans Chapter, Director, 2001 - Present
Tulane Law Review Board of Advisory Editors, 2001 - Present
Holy Cross High School, Director, 1997 - 2004
American Lung Association of Louisiana, Director, 1998 - 2002
Tulane University Internship Committee, 1991 - Present
Tulane University Admissions Committee, 1991 - Present
Louisiana Association of Business and Industry Environmental Quality Counsel
Hazardous Waste and Solid Waste Subcommittees
Environmental Law Committee for the Defense Research Institute
Our Lady of Holy Cross University Internship Committee
A.P. Tureaud American Inn of Court
Fellow, Louisiana Bar Foundation
See Library Tab for articles, publications and presentations by James Garner
PUBLISHED WORKS:
The Status and Evolution of First-Party Property Insurance Bad Faith Claims After Hurricane Katrina, 62, Loy. L. Rev. 25, 2016
Congressional Welcome to Federal Courts--The Class Action Fairness Act: Has the Party Just Begun, 80 Tul. L. Rev. 1669, 80, 2006
Federal Bar Association, New Orleans Chapter, Advocate, Volume 12, 2002
Medical Monitoring: the Evolution of a Cause of Action, 30 ENVTL. L. REP. 10024, 2000
The Louisiana 1988 Products Liability Reform Act: The Changes and Their Effects, 5 Tul. Civ. L. Forum 129, 5, 1990
The Public Documents Hearsay Exception for Evaluative Reports: Fact or Fiction?, 63 Tul. L. Rev. 121, 63, 1988
CLASSES/SEMINARS:
Jury Instructions and Jury Verdict Form: A Trial Practice CLE, Louisiana State Bar Association, December 13, 2016
New York, New York: A Multi-Topic CLE Seminar, “Issues with Arbitration Clauses,” and “Choice of Law vs. Forum Selection”, Louisiana State Bar Association, November 19, 2016 - November 21, 2016
Encore at Wynn Las Vegas: A Multi-Topic CLE Seminar, Louisiana State Bar Association, September 12, 2016 - September 14, 2016
Advanced Appellate Practice, Louisiana Bar Association, August 26, 2016, Co-Chair and Speaker
The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Boston, MA, Perrin Conferences on behalf of Resolute Management, Inc., May 5, 2016
The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Dover, NH, Perrin Conferences on behalf of Resolute Management, Inc., May 4, 2016
The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Chicago, IL, Perrin Conferences on behalf of Resolute Management, Inc., April 26, 2016
The LSBA Uncorked: A CLE Adventure in California’s Wine Country, Louisiana State Bar Association, February 29, 2016 - March 2, 2016
New York, New York: A Multi-Topic CLE Seminar, "The Traditions, Evolution and Pros & Cons of the Jury Trial," and "Juries-To What Extent Has the Role of the Jury Been Eroded?", Louisiana State Bar Association, November 21, 2015 - November 23, 2015
Voodoo Festival Seminar - Bewitching Trial Techniques: "The Final Ghoulish Feast: Closing Statement", Louisiana State Bar Association, October 30, 2015
Workers’ Compensation Law and Practice, Sterling Education Services, Inc., December 4, 2015
A City Below Sea Level Rises Above: Exploring the Legal Impacts of Katrina Over the Last Decade – Post Disaster Litigation Strategies Panel, Loyola Law Review Symposium, October 16, 2015
LSBA Summer School: Arbitration: The Pitfalls, Problems, and Shortcomings: When Can/Should a Court Step In?, Louisiana State Bar Association, June 8, 2015
New York, New York: A Multi-Topic CLE Seminar, Does Spoliation Constitute an Independent Cause of Action? - Louisiana State Bar Association, November 22-24, 2014
Adjunct Lecturer in Law, Advanced Appellate Advocacy, Tulane University School of Law
LSBA Uncorked: Are there Unveiled UM Waivers Anymore? - Louisiana State Bar Association, March 24, 2014
Landlord-Tenant Law Seminar - Leases, Evictions, Litigation and Settlements, Sterling Educational Services, Inc., December 12, 2013
8th Annual Workers’ Compensation Law & Practice Seminar, Sterling Education Services, Inc., December 3, 2013
New York, New York: A Multi-Topic CLE Seminar, Louisiana State Bar Association, November 23, 2013 - November 25, 2013
Voodoo Festival Seminar – Jury Mock Trial, Louisiana State Bar Association, November 1, 2013
Magnum PI: Winning the Big Personal Injury Case - Defending the Big Case from Start to Finish, Louisiana State Bar Association, October 11, 2013
The Challenges of Handling High Profile Cases - Bench Bar Conference, New Orleans Bar Association, April 19, 2013 - April 21, 2013
New York, New York -- A Multi-Topic CLE Seminar -- What Makes the Witness A Qualified Expert?, Louisiana State Bar Association, November 17, 2012 - November 19, 2012
Louisiana Water Laws and Regulations, Half Moon Seminars, June 13, 2012
The LSBA Uncorked--A CLE Adventure in California Wine Country: Recusals At The Trial and Appellate Court Levels, Louisiana State Bar Association, March 5, 2012 - March 7, 2012
New York, New York A Multi-Topic CLE -- Reconciling Conflicting Opinions of the Courts of Appeal, Louisiana State Bar Association, November 19, 2011 - November 21, 2011
17th Annual Continuing Legal Education Seminar, CLE of Louisiana and LA Judicial Council/NBA, July 8, 2011 - July 14, 2011
9th Annual Landlord-Tenant Law Symposium, Sterling Education Services, Inc., May 11, 2011
Emerging Issues in Healthcare Law - 12th Annual Conference, American Bar Association Health Law Section, February 23, 2011 - February 26, 2011
New Claims on the Horizon: The Aftermath of the Deepwater Horizon Spill, New Orleans Bar Association, December 22, 2010
8th Landlord-Tenant Law Symposium, Sterling Education Services, Inc., November 30, 2010
Oil in the Gulf -- Litigation and Insurance Coverage, Avoiding Fraud Concerns in the Claims Process, HB Litigation Conference, November 4, 2010 - November 5, 2010
New Claims on the Horizon: The Aftermath of the Deepwater Horizon Spill, The National Forum for Environmental & Toxic Tort Issues, September 28, 2010 - October 1, 2010
Current Issues in Storm Water Regulation, National Business Institute, July 28, 2010
The Intersection of Federal and State Law Issues, Jamaican Sunset CLE, July 8, 2010 - July 15, 2010
Litigating Bad Faith Insurance Claims, National Business Institute, March 25, 2010
Issues Addressed In High Profile Cases: Talking to the Press & Invocation of the 5th Amendment, New Orleans Bar Association, December 23, 2009
Master Land Use and Planning Processes, National Business Institute, May 4, 2009
2009 Bench Bar Conference: Changes to Court Rules, New Orleans Bar Association, March 13, 2009 - March 15, 2009
Trying the Bad Faith Insurance Case, American Bar Association, March 5, 2009 - March 9, 2009
Crafting the Key Documents in Insurance Coverage Litigation -- California Coverage Dreaming on a Winter's Day, American Bar Association, Insurance Coverage Litigation Committee's Mid-Year Meeting, February 26, 2009 - February 28, 2009
Landlord-Tenant Law, Sterling Education Services, January 7, 2009
Boundary Disputes: Resolving Client Conflicts, National Business Institute, November 13, 2008
Insurance Litigation in Louisiana Related to Hurricanes Katrina and Rita, Defense Research Institute, October 23, 2008
Handling Toxic Mold Disputes: A Guide to Recent Developments and Effective Litigation Strategies, Lorman Education Services, August 15, 2008
Sher Post-Mortem, Jamaican Sunset CLE, August 7, 2008 - August 14, 2008
The Warranties Within: A Comparative Look at the Warranties Implied in the Sale of Goods under U.S. Law with an Emphasis on European and International Influences Thereon, Tulane Law School Summer Abroad, London, England, July 21, 2008 - August 2, 2008
Annual Meeting and Flood Recovery Seminar, Linn County Bar Association, June 26, 2008
Mastering Land Use and Planning Processes, National Business Institute, June 10, 2008
2008 Bench Bar Conference -- Never Say Never Again: Surviving the Second Storm of Litigation, New Orleans Bar Association, April 11, 2008 - April 13, 2008
Real Estate Law: Advanced Issues and Answers, National Business Institute, March 13, 2008
Hurricane Katrina: Surviving the Storm of Insurance Litigation, New Orleans Bar Association, December 28, 2007
Katrina Insurance Litigation, The Greater New Orleans Louis A. Martinet Society, December 12, 2007
Hot Topics in Insurance Law, Louisiana State Bar Association, September 28, 2007
Landlord-Tenant Law: Beyond the Basics, Sterling Education Services, Inc., September 25, 2007
Litigating the Multi-Party Construction Defect Case: Representing the Owner, Louisiana State Bar Association, September 21, 2007
Circuits Gone Haywire Part II--Splits in the Louisiana Appellate System, Jamaican Sunset CLE, July 12, 2007 - July 19, 2007
Show Me the Money -- Hurricane Katrina Insurance Issues, Jamaican Sunset CLE, July 12, 2007 - July 19, 2007
Hurricane Relief Seminar for Evacuees and Volunteers, National Bar Association, April 26, 2007
Insurance Law: Third Party Coverage, National Business Institute, February 22, 2007
2006 Bench Bar Conference -- Hurricane Katrina: A Personal Perspective, Lafayette Parish Bar Association, October 5, 2006 - October 7, 2006
The Warranties Within: A Comparative Look at Warranties Implied in the Sale of Goods Under US Law, Tulane Law School Summer Abroad, London, England, July 23, 2006 - August 5, 2006
Fourteenth Annual Alvin B. Rubin Symposium -- The Attorney Client Privilege: A Pandora's Box, Federal Bar Association of New Orleans, May 18, 2006
Confronting Present and Future Stormy Challenges, Louisiana Judicial Council/NBA, March 2, 2006 - March 4, 2006
Thirteenth Annual Alvin B. Rubin Symposium -- Lawyer and Judge Misconduct, Federal Bar Association of New Orleans, May 12, 2005
The Mold Challenge in Louisiana, National Business Institute, March 15, 2005
Solving Mold Contamination & Water Intrusion Claims, Sterling Education Services, October 13, 2004
Twelfth Annual Alvin B. Rubin Symposium -- Attorney Disqualification and Judicial Recusal: The New Frontier, Federal Bar Association of New Orleans, May 5, 2004
Water Intrusion and Toxic Mold Claims in Louisiana, Sterling Education Services, L.L.C., October 28, 2003
Emerging Issues In Louisiana Indoor Air Quality and Toxic Mold Litigation, National Business Institute, April 24, 2003
Tenth Annual Alvin B. Rubin Symposium -- What Judges Will and Will Not Tolerate, Federal Bar Association of New Orleans, April 18, 2002
Hotel/Motel Premises Civil Security Liability, Defense Research Institute, 1997
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