James M. Garner

Co-managing Member

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.

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Areas of Practice

  • Complex Commercial Litigation
  • Toxic Tort and Environmental Litigation
  • Professional Liability Litigation
  • Insurance Coverage Litigation
  • Bankruptcy and Foreclosure Litigation
  • Contracts
  • Business

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Louisiana, 1989
  • Texas, 1994
  • U.S. District Court Western District of Louisiana, 1989
  • U.S. District Court Eastern District of Louisiana, 1989
  • U.S. District Court Middle District of Louisiana, 1989
  • U.S. District Court Northern District of Texas, 1992
  • U.S. District Court Western District of Texas, 1992
  • U.S. District Court Southern District of Texas, 1992
  • U.S. District Court Eastern District of Texas, 1992
  • U.S. District Court Eastern District of Arkansas, 1992
  • U.S. District Court Western District of Arkansas, 1992
  • U.S. Court of Appeals 5th Circuit, 1989
  • U.S. Court of Appeals 11th Circuit, 2002
  • U.S. Court of Appeals Federal Circuit, 2009
  • Federal Claims Court, 2006
  • U.S. Supreme Court, 1993

Education

  • Tulane Law School, New Orleans, Louisiana
    • J.D. (Magna Cum Laude) - 1989
    • Honors: Order of the Coif
    • Law Review: Tulane Law Review, 1987 - 1989
  • Tulane University, New Orleans, Louisiana, USA
    • B.S.E. (Summa Cum Laude) - 1986
    • Honors: Valedictorian
    • Honors: With Honors
    • Major: Chemical Engineering

Contact Information

Location:
New Orleans, Louisiana
Phone:
504-299-2102
Fax:
504-299-2300 (Office Fax)
504-299-2302 (Direct Fax)
Email:

Representative Cases

Classes/Seminars

  • Federal Practice CLE Series - Drafting Effective Complaints and Answers, Federal Bar Association - New Orleans Chapter, March 9, 2017
  • 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

Honors and 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
  • Lawdragon Legend, 2016
  • Lawdragon 500 Leading Lawyers in America, 2006-2016
  • 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
  • 2013 Top Rated Lawyer for Energy, Environmental and Natural Resources, Martindale-Hubbell
  • 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 and Memberships

  • Tulane Law School, Adjunct Assistant Professor in Law, 2014 - Present
  • 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

Past Employment Positions

  • McGlinchey Stafford, LLC, 1989 - 1999

Year Joined Firm

  • 1999

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