James M. Garner

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James M. Garner: Attorney with Sher Garner Cahill Richter Klein & Hilbert, L.L.C.
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
About Attorney Awards

Biography

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, California, West Virginia, 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 companies as claimants in the BP Macondo Litigation. Mr. Garner is also lead counsel for Texas Brine Company in defending and prosecuting its claims in the Bayou Corne sinkhole litigation.

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. He was unanimously appointed by the Tulane Faculty to Adjunct Lecturer in Law for the Fall 2014 Semester, teaching Advanced Appellate Advocacy at Tulane University School of Law.

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.


HONORS AND AWARDS:

New Orleans CityBusiness - 2016 Leadership in Law Honoree

Chambers and Partners 2007 - 2016 USA Rankings in Litigation – Key Individuals: “The highly regarded James Garner is well versed in class action work, representing both plaintiffs and defendants in areas such as noise pollution, banking and the energy sector.”

Best Lawyers in America since 2006 with special designations, during 2016 or a prior year, in Appellate Practice, Arbitration, Commercial Litigation, Construction Law, Eminent Domain and Condemnation Law, Litigation – Construction, Litigation – Environmental, Litigation – Securities, Mass Tort Litigation / Class Actions – Defendants, Mass Tort Litigation / Class Actions – Plaintiffs, Medical Malpractice Law – Plaintiffs, Mortgage Banking Foreclosure Law, Personal Injury Litigation – Defendants, Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Defendants, Product Liability Litigation – Plaintiffs, Professional Malpractice Law – Defendants, 2006-2016

Louisiana Super Lawyers 2007-2016, recognized in the New Orleans Top 50 (2013, 2015, 2016), and Louisiana Top 50 (2007-2013, 2015, 2016)

Global Law Experts Oil & Gas Tort Litigation Attorney of the Year in the USA, 2015

2014-2015 Lawdragon 500 Leading Lawyers in America

2013 Top Rated Lawyer for Energy, Environmental and Natural Resources, Martindale-Hubbell

The Lawdragon 500 Leading Lawyers in America, 2007 - 2012

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

The Lawdragon 500 New Stars, New Worlds, 2006

Top 50 Lawyers, Louisiana Super Lawyers: Appellate Law and Commercial, Mass Tort, Products Liability and Personal Injury Litigation, 2007 - 2012

Benchmark: The Definitive Guide to America's Leading Litigation Firms and Attorneys, Local Litigation Star, 2008 - 2014

Gerson Lehrman Group, GLG Leader, 2010 - Present

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

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


CLASSES/SEMINARS TAUGHT:

Advanced Appellate Practice, Louisiana Bar Association, August 26, 2016, Co-Chair and Speaker

The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Boston, MA, Perrin Conferences on behalf of Resolute Management, Inc., May 5, 2016

The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Dover, NH, Perrin Conferences on behalf of Resolute Management, Inc., May 4, 2016

The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Chicago, IL, Perrin Conferences on behalf of Resolute Management, Inc., April 26, 2016

The LSBA Uncorked: A CLE Adventure in California’s Wine Country, Louisiana State Bar Association, February 29, 2016 - March 2, 2016

New York, New York: A Multi-Topic CLE Seminar, "The Traditions, Evolution and Pros & Cons of the Jury Trial," and "Juries-To What Extent Has the Role of the Jury Been Eroded?", Louisiana State Bar Association, November 21, 2015 - November 23, 2015

Voodoo Festival Seminar - Bewitching Trial Techniques: "The Final Ghoulish Feast: Closing Statement", Louisiana State Bar Association, October 30, 2015

Workers’ Compensation Law and Practice, Sterling Education Services, Inc., December 4, 2015

A City Below Sea Level Rises Above: Exploring the Legal Impacts of Katrina Over the Last Decade – Post Disaster Litigation Strategies Panel, Loyola Law Review Symposium, October 16, 2015

LSBA Summer School: Arbitration: The Pitfalls, Problems, and Shortcomings: When Can/Should a Court Step In?, Louisiana State Bar Association, June 8, 2015

New York, New York: A Multi-Topic CLE Seminar, Does Spoliation Constitute an Independent Cause of Action? - Louisiana State Bar Association, November 22-24, 2014

Adjunct Lecturer in Law, Advanced Appellate Advocacy, Tulane University School of Law

LSBA Uncorked: Are there Unveiled UM Waivers Anymore? - Louisiana State Bar Association, March 24, 2014

Landlord-Tenant Law Seminar - Leases, Evictions, Litigation and Settlements, Sterling Educational Services, Inc., December 12, 2013

8th Annual Workers’ Compensation Law & Practice Seminar, Sterling Education Services, Inc., December 3, 2013

New York, New York - A Multi-Topic CLE Seminar, Louisiana State Bar Association, November 17, 2012 - November 19, 2012

Louisiana Water Laws and Regulations, Half Moon Seminars, June 13, 2012

The LSBA Uncorked-A CLE Adventure in California Wine Country: Recusals At The Trial and Appellate Court Levels, Louisiana State Bar Association, March 5, 2012 - March 7, 2012

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.

The Fellows of the American Bar Foundation; The Fellows of the Federal Bar Association; Louisiana Bar Foundation.
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Areas of Practice (4)

  • Commercial Litigation
  • Toxic Tort and Environmental Litigation
  • Professional Liability Litigation
  • Insurance Coverage Litigation

Education & Credentials

University Attended:
Tulane University, B.S.E., Chemical Engineering, 1986; Tulane University, B.S.E., summa cum laude, 1986; Tulane University, B.S.E., Valedictorian, 1986; Tulane University, B.S.E., Civil Law, 1986; Tulane University, B.S.E., magna cum laude, 1986
Law School Attended:
Tulane University, J.D., Chemical Engineering, 1989; Tulane University, J.D., summa cum laude, 1989; Tulane University, J.D., Valedictorian, 1989; Tulane University, J.D., Civil Law, 1989; Tulane University, J.D., magna cum laude, 1989
Year of First Admission:
1989
Admission:
1989, Louisiana; 1992, U.S. District Court Northern, Western, Southern and Eastern Districts of Texas, U.S. District Court, Northern and Southern Districts of Mississippi and U.S. District Court, Eastern and Western Districts of Arkansas; 1993, U.S. Supreme Court; 1994, Texas; 2002, U.S. Court of Appeals, Eleventh Circuit; 2006, U.S. Federal Claims Court; 2009, U.S. Court of Appeals, Federal Circuit; 1989, U.S. District Court, Western, Eastern and Middle Districts of Louisiana and U.S. Court of Appeals, Fifth Circuit
Memberships:
New Orleans, Louisiana State, Federal and American (Member: Litigation Section; Committees on Trial Practice; Federal Procedure; Title Insurance Litigation; Toxic and Hazardous Substances and Environmental Law) Bar Associations; Federal Bar Association of New Orleans (Director, 2001-; Immediate Past President and National Council Delegate, 2009-2010; President and National Council Delegate, 2008-2009; President-Elect and First Vice-President, 2007-2008; Treasurer, 2006-2007; Recording Secretary, 2005-2006; Member, Chair, 2004-2005); Defense Research Institute (Member, Environmental Law Committee); Tulane Alumni Association Board (Board Member, Law School Representative, 2009-Present).
Languages:
French
Birth Information:
New Orleans, Louisiana
Reported Cases:
Zeigler v. Housing Auth. of New Orleans, No. 2015-CA-0626, 2016 WL 1165437 (La. App. 4th Cir. 2016); M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government, 182 So.3d 312 (La. App. 4th Cir. 2015); Kenner Plumbing Supply, Inc. v. Rusich Detailing, Inc., 175 So.3d 479 (La. App. 5th Cir. 2015); Hanover Ins. Co. v. Plaquemines Parish Government, 2015 WL 3953145 (E.D. La.); Louisiana Pigment Co., L.P. v. Air Liquide America, L.P. , 149 So.3d 997 (La. App. 3rd Cir. 2014); First Bank and Trust v. Redman Gaming of Louisiana, Inc. , 131 So.3d 224 (La. App. 5th Cir. 2013); First Bank & Trust v. Treme, 129 So.3d 605 (La. App. 5th Cir. 2013);
Smoothie King Franchises, Inc. v. Southside Smoothie & Nutrition Center, Inc., 516 Fed.Appx. 362 (5th Cir. 2013); Tolmas v. Parish of Jefferson, So.3d (La. App. 2nd Cir. 2013); U.S. Fire Ins. Co. v. Housing Authority of New Orleans, F.Supp.2d (E.D. La. 2013); Dennis Melancon, Inc. v. City of New Orleans, 703 F.3d 262 (5th Cir. 2012); Rain CII Carbon, LLC v. ConocoPhillips Co., So.3d (La. App. 4th Cir. 2012); In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir. 2012); Marshall v. Air Liquide-Big Three, Inc., So.3d (La. App. 4th Cir. 2012); Dennis Melancon, Inc. v. City of New Orleans, F.Supp.2d (E.D. La. 2012)Rain CII Carbon, LLC v. ConocoPhillips Co., 674 F.3d 469 (5th Cir. 2012); In re Katrina Canal Breaches Litig., 673 F.3d 381 (5th Cir. 2012); Crews & Assoc.'s, Inc. v. Nuveen High Yield Mun. Bond Fund, 783 F. Supp. 2d 1066 (E.D. Ark. 2011); 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); In re Complaint and Petition of Triton Asset Leasing GmbH, 719 F.Supp.2d 753 (S.D.Tex. 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); 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, Inc. v. RSUI Indemnity Co., 955 So.2d 200 (La. App. 4th Cir. 2007); Larroquette v. Cardinal Health 200, Inc., 466 F.3d 373 (La. App. 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); Gravolet v. Fair Grounds Corp., 878 So. 2d 900 (La.App.4th Cir., 2004); Scarborough v. Clemco Industries, 391 F.3d 660 (5th Cir., 2004); Memorial Hall Museum, Inc. v. University of New Orleans Foundation, 847 So. 2d 625 (La.App. 4th Cir., 2003); Civil Service Com'n of City of New Orleans v. City of New Orleans, 854 So. 2d 322 (La., 2003); Chattem Chemicals, Inc. v. Akzo Nobel Chemicals, B.V., 229 F. Supp. 2d 555 (M. D. La 2002); (International Service under Hague convention in Antitrust Case); EOP New Orleans, L.L.C.V. Louisiana Tax Comm'n, 809 So.2d 387 (La.App. 1st Cir., 2001); (Successfully challenged trial court's interpretation of tax assessment appeal statute); Smith Barney, Inc. v. Henry, 775 So.2d 772 (Miss., 2001) (Enforceability of arbitration provision in broker context); Johnson v. LaSalle Hotel Operating Partnership, L.P., 803 S.2d 1100 (La.App. 1st Cir., 2001) (Successfully challenged lower court decision on tax assessment of commercial building); Coalition for Good Government v. Louisiana Dept. of Environmental Quality, No.99-2843, 2000 WL 1533277 (La. App.1st Cir., 2000) (Challenge to issuance of permit by Louisiana Department of Environmental Quality); M.K.L. Development, L.L.C. v. City of New Orleans, 772 So.2d 797 (La. App. 1st Cir., 2000) (Public bid law, public lease law, and open meetings law do not apply to not for profit World Trade Center); Courtland v. Century Indemnity Co., 772 So. 2d 795 (La. App. 5th Cir., 2000) (Suit by worker in Texas does not interrupt statute of limitations for wrongful death claim in Louisiana); Judy Walls et al v. American Optical Corp., 740 So.2d 1262 (La., 1999) (Executive officers not responsible for wrongful death claims arising after October, 1976); 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) (Appeal regarding death penalty sanctions); Earl J. Adams, Jr. et al v. J.E. Merit Construction, Inc. et al, 712 So.2d 88 (La., 1998) (Supreme Court overrules prior jurisprudence and finds workers' compensation bar applicable to punitive damage claims in the toxic tort case); Simmons v. Templeton, 723 So.2d 1009 (La. App. 4 Cir. 1998); TGX Corp. v. Simmons, 62 F.3d 666 (5th Cir. (La.) 1995); Henning Construction, Inc. v. First Eastern Bank and Trust Co., 635 So.2d 273, 25 U.C.C. Rep. Serv. 2d 120 (La. App. 4th Cir., 1994) (Court found no duty of good faith on bank's demand note); U.S. v. Eighty Three Rolex Watches, 992 F.2d 508 (5th Cir (Tex.) 1993); Cole et al v. Celotex Corp., 599 So.2d 1058 (La., 1992) (Court considered allocation of fault and stacking of insurance coverage in long-term exposure asbestos case).
ISLN:
907191634

Peer Reviews

4.9/5.0 (2 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge

  • Legal Knowledge

    4.9/5.0

  • Analytical Capability

    4.8/5.0

  • Judgment

    4.7/5.0

  • Communication

    5.0/5.0

  • Legal Experience

    4.9/5.0
Peer reviews submitted prior to 2008 are not displayed.

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Contact Information:

504-504-6798  Phone

504-299-2302  Fax

www.shergarner.com/CM/AttorneyBios/JamesGarner.asp

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