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 | James M. Garner Sher Garner Cahill Richter Klein & Hilbert, L.L.C. [ more lawyers ] 909 Poydras Street, Suite 2800 New Orleans, LA 70112 504-299-2102 (direct) 504-299-2100 (firm) 504-299-2300 (fax) Contact this attorney | |
EDITORIAL REVIEWHe took the lead in pressing for Hurricane Katrina
and Rita damages for Children’s Hospital of New
Orleans, Imperial Trading, Pioneer Resources,
Xavier University of Louisiana and more.
—2008 Lawdragon 500 Leading Lawyers in America
Garner has rocketed to the top of the New Orleans litigation bar through his impeccable handling of business trials, including the consolidation of Katrina cases.
— Lawdragon,
January 2008
He wins for Akzo Nobel Chemicals, Clemco Industries and the University of New Orleans Foundation. VISITOR RATINGS
| PAULA HAYDEL | relationship: I have met him on several occasions and although I have never worked with him di (insurance matters) rates/fees: fair Mr. Garner is always professional. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: other - co-counsel in several cases (commercial litigation) rates/fees: reasonable Jim inspires confidence in his clients and co-counsel. As a plaintiff or defendant, he is willing to take prudent "kill shots" to advance his client's cause. He does not simply sit on the file; he gets results. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: work together (Litigation) rates/fees: Reasonable for his expertise. The unlitmate counselor and attorney. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: represented me (environmental) rates/fees: Jim's rates are reasonable Jim is an outstanding attorney. He is extremely bright and very cost effective. I wholeheartedly recommend him. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: represented me (insurance) rates/fees: Rates are reasonable. Mr. Garner is prudently aggressive--keeping the overall business goals in mind at all times...he does not "litigate for the sake of litigating" but to effectuate a stated goal. | | | service | 10 | | expertise | 10 | | quality | 9 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: work together (Corporate Counsel type of representation) rates/fees: Fair and reasonable Excellent. Jim is very smart, well prepared and tenacious in representing the client's interests. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: represented me (litigation) rates/fees: somewhat expensive, but excellent work ethic and results. extremely professional, tenacious, knowledgeable, and effective. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: work together (Litigation) rates/fees: Great value for the rates charged. Rate is $325 per hour. Mr. Garner is one of the most effective, skilled litigators in this geographic region. Judges respect him because he is persuasive, sincere, energetic and always has substantial support for the postions he advocates. Mr. Garner is creative and imaginative. He gives everything he has to his clients. He is honest with his clients and the courts and is respected for his integrity and frankness. Clients brag about him to their business colleagues and friends. He has all the characteristics of the perfect attorney. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | |
| ANONYMOUS REVIEWER | relationship: represented me (insurance matter) rates/fees: The rates charged by this individual and his firm are quite reasonable given the complexities of the cases I give them to handle. He is quite professional and very intelligent and quite organized. A pleasure to work with. | | | service | 10 | | expertise | 10 | | quality | 10 | | overall | 10 | | recommend? | yes | | Contact Lawdragon about the information in this review.
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, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana and Texas. 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.
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, 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:
Areas of Practice:
- Complex Commerical Litigation
- Toxic Tort and Environmental Litigation
- Professional Liability Litigation
- Insurance Coverage Litigation
Bar Admissions:
- Louisiana, 1989
- Texas, 1994
- U.S. Court of Appeals 5th Circuit, 1989
- U.S. Court of Appeals 11th Circuit, 2002
- 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
- U.S. Supreme Court, 1993
- 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. 1, 80, 2006
Representative Cases (All Westlaw links require paid access):
- In re Katrina Canal Breachers Consolidated Litigation, 466 F. Supp. 2d 729 (E. D. La. 2006)
- 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 Indeminity Company, 955 So. 2d 200 (La. App. 4th Cir. 2007)
- Larroquette v. Cardinal Health 200, Inc., 466 F. 3d 373 (La. App 5th Cir. 2006)
- Dillard University v. Lexington Ins. Co., 2006 WL 2850014 (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:
- Trying the Bad Faith Insurance Case, American Bar Association, March 5, 2009 - March 9, 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 Associaton, September 28, 2007
- Landlord-Tenant Law: Beyond the Basics, Sterling Education Services, Inc., September 25, 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:
- 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, 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:
Fraternities/Sororities:
- Omega Chi Epsilon
- Phi Eta Sigma
- Tau Beta Pi
Birth Information:
- 1964, New Orleans, Louisiana, United States of America
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