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James M. Garner New Orleans, Louisiana
Co-managing Member
| | phone | (504) 299-2100 (504) 299-2102 (504) 931-5361 (Cellular Phone)
| | fax | (504) 299-2300 (504) 299-2302
| | email | jgarner@shergarner.com
| | vCard |  |
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, 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 oil companies and oil field contractors in contract and tort litigation and as claimants in the BP Macondo Litigation. Mr. Garner has served and is serving as lead trial counsel for several corporations seeking in excess of $1.5 billion in damages related to Hurricanes Katrina and Rita. These include Xavier University of Louisiana, Dillard University, Children's Hospital of New Orleans, Universal Health Services, Pioneer Resources, Touro Infirmary, St. Augustine High School, Imperial Trading, Coleman A. Adler and Sons as well as Safeguard Storage Corporation. Mr. Garner was lead advocate in two of the seminal Katrina insurance cases argued to the Louisiana Supreme Court and United States Fifth Circuit. Mr. Garner has also served as lead trial lawyer in complex construction litigation involving the Federal Bureau of Investigation Building in New Orleans, The Astor Crowne Plaza Hotel, The St. James Hotel, The Hilton Garden Inn Convention Center, The Hotel Le Cirque, as well as Woldenberg Village Nursing Home and Assisted Living Facility. 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. 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. 
 - 1999
- Complex Commercial Litigation
- Toxic Tort and Environmental Litigation
- Professional Liability Litigation
- Insurance Coverage Litigation
- Bankruptcy and Foreclosure Litigation
- Contracts
- 100% of Practice Devoted to Litigation
- U.S. Supreme Court, 1993
- Louisiana, 1989
- Texas, 1994
- U.S. Court of Appeals 5th Circuit, 1989
- U.S. Court of Appeals 11th Circuit, 2002
- U.S. Court of Appeals Federal Circuit, 2009
- 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
- Federal Claims Court, 2006
- Tulane Law School, New Orleans, Louisiana,
1989
J.D. Honors: Magna Cum Laude
Honors: Order of the Coif
Law Review:
Tulane Law Review, 1987 - 1989
- Tulane University, New Orleans, Louisiana, USA,
1986
B.S.E. Honors: Summa Cum Laude
Honors: Valedictorian Honors: With Honors Major: Chemical Engineering
- The Public Documents Hearsay Exception for Evaluative Reports: Fact or Fiction?, 63 Tul. L. Rev. 121, 63, 1988
- The Louisiana 1988 Products Liability Reform Act: The Changes and Their Effects, 5 Tul. Civ. L. Forum 129, 5, 1990
- Medical Monitoring: the Evolution of a Cause of Action, 30 ENVTL. L. REP. 10024, 2000
- Federal Bar Association, New Orleans Chapter, Advocate, Volume 12, 2002
- Congressional Welcome to Federal Courts--The Class Action Fairness Act: Has the Party Just Begun, 80 Tul. L. Rev. 1669, 80, 2006
- 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)
- 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
- Best Lawyers in America -- Appellate Practice, Arbitration, Commercial Litigation, Construction Law, Litigation - Banking & Finance, Litigation - Construction, Litigation - Environmental, Litigation - Securities, Mass Tort Litigation/Class Action - Defendants, Medical Malpractice Law - Plaintiffs, Personal Injury Litigation - Defendants, Personal Injury Litigation - Plaintiffs, Product Liability Litigation - Defendants, Product Liability Litigation - Plaintiffs and Professional Malpractice Law,
2006
-
2012
- Chambers and Partners (rated in Band 1, Litigation),
2004
-
2011
- The Lawdragon 500 Leading Lawyers in America,
2007
-
2011
- Top 50 Lawyers, Louisiana Super Lawyers: Appellate Law and Commercial, Mass Tort, Products Liability and Personal Injury Litigation,
2007
-
2011
- Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys, Local Litigation Star,
2008
-
2012
- Gerson Lehrman Group, GLG Leader,
2010
- Present
- Lawdragon's 100 Managing Partners You Need to Know,
2008
- Super Lawyers, Corporate Counsel Edition -- Business Litigation,
2008
- The Lawdragon 500 New Stars, New Worlds,
2006
- 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
- Federal Bar Association, New Orleans Chapter,
2009
-
2010
- Immediate Past President and National Council Delegate
- Tulane Alumni Association Board,
2009
- Present
- Board Member
- Class Action, Mass Tort & Complex Litigation Section -- Louisiana State Bar Association,
2009
- Present
- Vice Chair
- Federal Bar Association, New Orleans Chapter,
2008
-
2009
- President and National Council Delegate
- Fore!kids Foundation,
September 29, 2011
- Present
- Associate Member
- Xavier University of Louisiana,
2007
-
2011
- Board of Trustees
- Federal Bar Association, New Orleans Chapter,
2007
-
2008
- President-Elect and First Vice-President
- Xavier University Board of Visitors,
2006
- Present
- Member
- Federal Bar Association, New Orleans Chapter,
2006
-
2007
- Treasurer
- Federal Bar Association, New Orleans Chapter,
2005
-
2006
- Recording Secretary
- Federal Bar Association, New Orleans Chapter,
2004
-
2005
- Membership Chair
- Federal Bar Association, New Orleans Chapter,
2001
- Present
- Director
- Tulane Law Review Board of Advisory Editors,
2001
- Present
- Holy Cross High School,
1997
-
2004
- Director
- American Lung Association of Louisiana,
1998
-
2002
- Director
- 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
- McGlinchey Stafford, LLC,
1989
-
1999
- French
- Omega Chi Epsilon
- Phi Eta Sigma
- Tau Beta Pi
- New Orleans, Louisiana
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