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Seriously Outstanding
only 5% selected each year
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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, 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.
- 1999
- Complex Commercial Litigation
- Toxic Tort and Environmental Litigation
- Professional Liability Litigation
- Insurance Coverage Litigation
- 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 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
- 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
- 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)
- 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
- 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
- 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
- McGlinchey Stafford, LLC,
1989
-
1999
- French
- Omega Chi Epsilon
- Phi Eta Sigma
- Tau Beta Pi
- 1964, New Orleans, Louisiana, United States of America
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