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Attorney Profiles

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
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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, and financial litigation. He is admitted to practice before the federal courts in Arkansas and Mississippi and all courts in Texas and Louisiana. He serves as regional counsel for several companies.

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.

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.

Year Joined Organization:
1999
Areas of Practice:
Complex Commercial Litigation
Toxic Tort and Environmental Litigation
Professional Liability Litigation
Insurance Coverage Litigation
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
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 Northern District of Mississippi, 1992
U.S. District Court Southern District of Mississippi, 1992
U.S. District Court Eastern District of Arkansas, 1992
U.S. District Court Western District of Arkansas, 1992
Federal Claims Court, 2006
Education:
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


Published Works:
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


Representative Cases:
Royal Cloud Nine, L.L.C. v. Lafayette Ins. Co., 987 So. 2d 355 (La. App. 4th Cir. 2008)
U.S. ex rel. Rafizadeh v. Continental Common, Inc., 553 F. 3d 869 (5th Cir. (La.) 2008)
Emoneyport.com Inc. v. Burger King Corp., 996 So. 2d 496 (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)
Enterprise Leasing Co. of New Orleans v. Curtis, 977 So.2d 975 (La. App. 1st Cir. 2007)
HISTORIC RESTORATION, INCORPORATED 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)
Dilliard 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)
Gravolet v. Fair Grounds Corporation, 878 So. 2d 900, 2003-0392 (La. App. 4th Cir. 2004)
Scarborough v. Clemco Industries, 391 F.3d 660 (La. App. 5th Circuit 2004)
Memorial Hall Museum, Inc. v. University of New Orleans Foundation, 847 So. 2d 625, 2002-1810 (La. App. 4th Cir. 2003)
Civil Service Com'n of City of New Orleans v. City of New Orleans, 854 So. 2d 322, 2002-1812 (La. 2003)
Chattem Chemicals, Inc. v. Akzo Nobel Chemicals B.V., 229 F.Supp.2d 555 (M.D. La. 2002)
EOP New Orleans, L.L.C. v. Louisiana Tax Comm'n, 809 So. 2d 387 (La. App. 1st Cir. 2001)
Smith Barney, Inc. v. Henry, 775 So.2d 722 (Miss. 2001)
Johnson v. LaSalle Hotel Operating Partnership, L.P.,, 803 S.2d 1100 (La. App. 1st Cir. 2001)
Coalition for Good Government v. Louisiana Department of Environmental Quality, 772 So. 2d 715 (La. App. 1st Cir. 2000)
M.K.L. Development, L.L.C. v. City of New Orleans, 772 So. 2d 797 (La. App. 4th Cir. 2000)
Courtland v. Century Indemnity Co., 772 So. 2d 795 (La. App. 5th 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)
Young v. E.D. Bullard Co, 703 So.2d 783 (La. App. 5th Cir. 1997)
TGX Corp. v. Simmons, 62 F.3d 666 (5th Cir. (La.) 1995)
Henning Const., Inc. v. First Eastern Bank and Trust Co., 635 So.2d 273 (La. App. 4 Cir. 1994)
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)
Classes/Seminars Taught:
Litigating Bad Faith Insurance Claims, National Business Institute, March 25, 2010


Issues Addressed In High Profile Cases: Talkling 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:
Top 50 Lawyers, Louisiana Super Lawyers, 2010


Best Lawyers in America -- Appellate Law, Commercial Litigation, Mass Tort Litigation, Personal Injury Litigation, Professional Malpractice Law and Product Liability Litigation, 2010


Chambers and Partners (rated in Band 1, Litigation)(described as extremely insightful and who has been seen conducting devastatingly effective cross-examinations. ), 2009


Top 50 Lawyers, Louisiana Super Lawyers, 2009


Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys, Local Litigation Star, 2009


Best Lawyers in America -- Appellate Law, Commercial Litigation, Mass Tort Litigation, Personal Injury Litigation, and Product Liability Litigation, 2009


The Lawdragon 500 Leading Lawyers in America, 2008


Chambers and Partners identified Mr. Garner "as 'a warrior for his clients.' He is particularly active in property litigation related to hurricane relief and commercial financial litigation related to shareholder disputes.", 2008


Lawdragon's 100 Managing Partners You Need to Know, 2008


Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys, 2008


Super Lawyers, Corporate Counsel Edition -- Business Litigation, 2008


Top 50 Lawyers, Louisiana Super Lawyers, 2008


Best Lawyers in America -- Commercial Litigation and Appellate Law, 2008


The Lawdragon 500 Leading Lawyers in America, 2007


Chambers and Partners identified Mr. Garner "as a 'meticulous lawyer' who 'leaves no stone unturned' in a courtroom situation, where his 'powerful' approach has left a strongly positive impression on many a client.", 2007


Top 50 Lawyers, Louisiana Super Lawyers, 2007


New Orleans Magazine, Top Lawyers, 2007


Best Lawyers in America, Commercial Litigation, 2007


Chambers and Partners identified Mr. Garner as a leading trial lawyer (Extremely bright, never caught short and quick on his feet, is how onlookers described James Garner, who has developed a reputation as an aggressive and tenacious trial lawyer.), 2006


The Lawdragon 500 New Stars, New Worlds, 2006


New Orleans Magazine, Top Lawyers, 2006


Best Lawyers in America, Commercial Litigation, 2006


New Orleans Magazine, Top Lawyers, 2005


Chambers and Partners identified Mr. Garner as one of the leading business lawyers in litigation in its Chambers USA, Client's Guide (Described as "dynamic, diligent and dedicated," James Garner attracted praise from all quarters for his advocacy.), 2005


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


Chambers and Partners identified Mr. Garner as one of the leading business lawyers in litigation in its Chambers USA, Client's Guide (Interviewees were very impressed by the "polished" performance of James Garner.), 2004


New Orleans City Business Power Generation, 2003


Professional Associations and Memberships:
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


Xavier University of Louisiana, 2007 - Present
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


Past Employment Positions:
McGlinchey Stafford, LLC, 1989 - 1999


Languages:
French
Fraternities/Sororities:
Omega Chi Epsilon
Phi Eta Sigma
Tau Beta Pi
Birth Information:
1964, New Orleans, Louisiana, United States of America