Andrew P. Burnside: Lawyer with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Andrew P. Burnside


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University Kenyon College, A.B., cum laude, 1979
Law SchoolTulane University, J.D., cum laude, 1984
Admitted1984, Louisiana; 2007, Texas; U.S. Court of Appeals, Fifth and Federal Circuits; U.S. Supreme Court
Memberships Defense Research Institute.

Member, The Maritime Lawyer, 1982-1984. Contributing Editor, The Developing Labor Law, 3rd ed. Arbitrator, FINRA Dispute Resolution. Chapter Editor: The Family and Medical Leave Act, BNA.

Reported CasesDeMolle v CHS Inc., No. 12-3030 E.D. La. 2014) (dismissing action for failure to comply with FRCP 4); Williams v Career Systems Devel. Corp., 2013 WL 123641 (E.D. La. 2013) (granting motion to dismiss and dismissing action on limitations grounds); Allen v Coil Tubing Services, LLC, 846 F. Supp.2d 678 (S.D. Tex. 2012), aff'd, ___ F.3d ___(2014) (part of team before district court obtaining dismissal of portion of case pursuant to Motor Carrier Act exemption to FLSA); Harding v. Raising Cane's USA, LLC, 55 So.3d 837 (La. App. Ct. 5th Cir.), cert. denied, 63 So.2d. 999 (La. 2011) (appellate court affirmed summary dismissal in favor of client); Garza v Smith International, Inc., 17 W & H Cases 2d 764 (S.D. Tex. 2011)(part of team which obtained summary judgment for client applying Motor Carrier Act exemption to defeat action for overtime); Farrell v HRI Lodging, Inc., 17 W&H Cases2d 1412 (E.D. La. 2011) (granting summary judgment to employer and dismissing FMLA claim because employee had not worked for client long enough to be eligible for FMLA leave); Patterson v. FedEx Ground Package System, Inc., 10 So.3d 794 (La. App. 5th Cir. 2009)(affirming denial of leave to amend complaint because claims barred by statute of limitations); Finley v FedEx Ground Package System, Inc., No. 04-2142 (E.D. La. Oct. 29, 2008) (Granting Motion to Dismiss under Fed. R. Civ. P. 41(b) for non-prosecution); Baker v. FedEx Ground Package System Inc., 278 Fed.Appx. 322 (5th Cir. 2008); CHS Inc. and PACE Local 4-447, 120 LA 775 (Allen 2004) (upholding discharge of employee for violating anti-moonlighting provision of contract); Brown v. Historic Restoration, Inc., Case No. 2003-18758 (Civil District Court, Parish of Orleans)(granting employer's motion to enforce severance agreement); Roberts v. Salton, Inc., Case No. 02-875 (M.D. La.) (granting motion in limine to exclude Plaintiff's vocational rehabilitation expert); CHS Inc. and PACE Local 4-447, FMCS 02-0808 (Overstreet 2002) (upholding employer's scheduling practices to minimize contractual overtime); Livaccari v. Alden Engineering, Inc., 808 So.2d 383 (La. App. 1st Cir. 2000) (rendering judgment for employer holding employee did not state cause of action against employer for intentional tort); Johnson v. Historic Restoration, Inc., Civil Action No. 98-3088 (E. D. La. July 19, 1999)(dismissing action based on employee's failure to serve Complaint timely under Fed. R. Civ. P. 4); Lewis v RPS, Inc., Civil Action No. 97-1196 (M.D. La. May 17, 2000) (dismissing action against employer based on statute of limitations); Dreher v. Sverdrup Technology, Inc., Civil Action No. 94-0011 (S.D. Miss. Oct. 1, 1996) (defense verdict for employer dismissing retaliation claim under False Claims Act); Brannan v. Wyeth Laboratories, Inc., 526 So.2d 1101 (La. 1988) (filed amicus curiae brief in case upholding Louisiana's employment-at-will rule); Williams v. Conoco, Inc., 860 F.2d 1306 (5th Cir. 1988) (holding Louisiana's one year statute of limitations period applies to claim of employment discrimination under Louisiana.

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Andrew P. Burnside

701 Poydras Street, Suite 3500
New OrleansLA 70139


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