Cases
Representative Experience: Among the matters Josh has h
led are:
Galtier v. King , Nineteenth Judicial District Court for the Parish of East Baton Rouge, No. 600,115. Jury trial. Plaintiff sought seven-figure recovery in a motor-vehicle accident with two-level cervical fusion recommended
jury returned verdict for one-quarter of pre-trial dem
assessed plaintiff with 50% contributory fault.
Manton, et al. v. Audubon Nature Institute , et al., Civil District Court for the Parish of Orleans, No. 07-15791. Jury trial. Plaintiff sought $5 million in damages
liability stipulated
defendant driver intoxicated. Obtained key pre-trial rulings that punitive damages were unrecoverable, Manton v. Audubon Nature Institute, Inc. , 2010-1547 (La.App. 4 Cir. 4/13/11) 64 So.3d 326. Jury returned verdict of less than one-quarter of amount sought, which amount was further reduced by credit for settlement with underlying insurer.
Texas Gulf Seafood, Inc., et al. v. Vietnamese American Commercial Fisherman's Union, et al. , United States District Court for the Eastern District of Louisiana, No. 08-4064. Seven-figure recovery for fishery owner in action for unpaid anti-dumping subsidies.
B&S Equipment Company, Inc. v. Truckla Services, Inc., et al. , United States District Court for the Eastern District of Louisiana, No. 09-3862. Recovery of outst
ing charter hire
attorney fees for boat broker
barge owner in multi-party commercial
property damage dispute.
Farrar v. Certified Coatings of California, Inc. , 09 920 (La.App. 5 Cir. 3/23/10), 38 So.3d 940. Dismissal of wrongful death claims against Crescent City Connection painting contractor
obtained ruling of first impression in Louisiana Fifth Circuit that adverse venue ruling is waived if not challenged by supervisory writ.
Allem
v. ARTCO , 490 F.3d 351, 2007 A.M.C. 1593 (5th Cir. 2007). Resolved lingering ambiguity in maritime wrongful death jurisprudence by obtaining ruling that non-dependent parents of a longshoreman who dies in territorial waters are not entitled to non-pecuniary damages.
Fireman's Fund Insurance Company v. Community Coffee Company , United States District Court for the Eastern District of Louisiana, No. 06-2806. Representation of cargo insurer in multi-million dollar declaratory judgment action arising out of alleged contamination following Hurricane Katrina.
Louisiana Stadium
Exposition District, et al v. BFS Diversified Products, et al. , Civil District Court for the Parish of Orleans, No. 2006-8927. Representation of general contractor in litigation arising from catastrophic damage to Superdome roof during Hurricane Katrina.
In re Parker Drilling Rig 14-J , United States District Court for the Eastern District of Louisiana, No. 03-2611. Summary judgment for third-party defendant in multi-party limitation proceeding arising out of collapse
sinking of jack-up drilling rig with over thirty h
s aboard.
In re Magnolia Marine Transport Company , United States District Court for the Eastern District of Oklahoma, No. CV-02-615-P. Representation of tug
barge owner in all litigation arising out of Memorial Day 2002 allision between the M/V ROBERT Y. LOVE
the I-40 Bridge over the Arkansas River near Webbers Falls, Oklahoma, resulting in over 30 claims, including 14 wrongful death claims
$58 million claim by State of Oklahoma for collapse of bridge. All claims favorably resolved. Responsibility for all briefing in trial
appellate courts, resulting in numerous published opinions:
- Eleventh Amendment does not bar removal of suit brought by a State, 359 F.3d 1237, 2004 A.M.C. 491 (10th Cir. 2004)
- Eleventh Amendment does not give a State immunity from Limitation of Liability proceedings, 366 F.3d 1153 (10th Cir. 2004)
- Corporate shareholder can qualify as an owner under Shipowner's Limitation of Liability Act, 2003 A.M.C. 2425, (E.D.Okla. 2003)
- Claimants must waive subject matter jurisdiction objection to gain relief from Limitation stay, 2003 A.M.C. 2427 (E.D.Okla. 2003).
Becker v. Tidewater et al., 335 F.3d 376 (5th Cir. 2003). Obtained reversal on appeal of $43 million jury verdict against employer by persuading appellate court that temporarily-assigned maritime worker failed to meet requirements for Jones Act seaman status.
