Portrait of Amber B. Garcia

Amber B. Garcia

Partner

Portrait of Amber B. Garcia
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Amber Barlow Garcia is licensed in Louisiana state and federal courts.  Her practice focuses on most types of complex and environmental litigation, with a special emphasis on toxic tort litigation and premises and products liability.  She represents and defends product manufacturers, retailers, suppliers, distributors, and property owners. She handles all phases of litigation, from initial case assessment through to jury trials in both state and federal courts.

Amber has been peer-selected for her work in environmental litigation among "Best Lawyers: Ones to Watch," named among Louisiana Rising Stars, and recognized by New Orleans CityBusiness magazine as "One to Watch." New Orleans CityBusiness magazine also selected Amber for its Leadership in Law Class of 2022.

While in law school, Amber clerked for the Staff Attorney’s Office of the United States Court of Appeals for the Fifth Circuit and the Honorable Neil P. Olack, United States Bankruptcy Judge for the Southern District of Mississippi.  She served as Managing Editor of the Mississippi College Law Review, Mississippi College School of Law Honor Court Justice, Law Student Bar Association Senator, as well as many other leadership positions in various professional organizations.  She was awarded the Am Jur Award in Trial Practice taught by presiding Mississippi Supreme Court Justice Jess Dickinson.

At Deutsch Kerrigan, Amber has served on the Diversity Committee and  on the Marketing Content Committee. Outside of the office, she enjoys giving back to the New Orleans community. She is an American Cancer Society Advocate, serving on the Belles and Beaus Ball Committee, which supports one of the largest fundraisers for the Patrick F. Taylor Hope Lodge in New Orleans.  Amber is also an active member of the Junior League of New Orleans, where she serves as Treasurer of the Planning & Development Committee.

    • Mississippi College School of Law (J.D., 2012)
      • Law Review (managing editor)
    • Louisiana State University (magna cum laude)
      • B.A. (History) 2009
      • B.A. (Political Science) 2009
    • Mississippi College School of Law (J.D., 2012)
      • Law Review (managing editor)
    • Louisiana State University (magna cum laude)
      • B.A. (History) 2009
      • B.A. (Political Science) 2009
    • Louisiana
    • U.S. District Court for the Eastern District of Louisiana
    • U.S. District Court for the Western District of Louisiana
    • U.S. District Court for the Middle District of Louisiana
    • Louisiana
    • U.S. District Court for the Eastern District of Louisiana
    • U.S. District Court for the Western District of Louisiana
    • U.S. District Court for the Middle District of Louisiana
  • Defense Research Institute (DRI)

    DRI Lawyers’ Professionalism and Ethics Committee, Chair, 2025, Co-Chair, 2023-2024

    DRI Louisiana State Representative, 2025

    DRI Asbestos Medicine Seminar Marketing Committee, 2023, 2024

    DRI Asbestos Medicine Seminar Young Lawyer Leader, 2023, 2024

    DRI Young Lawyers Steering Committee, 2022-2023

    DRI Young Lawyers Raising the Bar Committee, Vice-Chair, 2022-2023

    DRI Talc Litigation Seminar, Vice-Marketing Chair, 2021

    DRI Asbestos Medicine Seminar Sponsorship Chair, 2020

    DRI Talc Litigation Seminar Counsel Meeting Chair, 2019

    American Bar Association, Young Lawyers Division

    Parents in Practice Committee, Chair, 2023-present

    Parents in Practice Committee, Co-Chair, 2022-2023

    Young Lawyers Membership Board, Vice-Chair, 2022-2023

    Federal Bar Association

    International Association of Defense Counsel 2023-present

    Peer nominated by invitation only

    Louisiana Association of Defense Counsel

    Board of Directors, 2023-present

    Young Lawyers Committee Chair, 2021-2023          

    Louisiana State Bar Association

    Ethics Advisory Service Committee, 2019-present

    House of Delegates, 2022-present

    Leadership Class, 2019-2020

    Women’s Energy Network National Conference

    National Conference Sponsorship Committee Chair, 2018

    National Conference Marketing Committee Member, 2017

    Women’s Energy Network, South Louisiana Chapter

    President, Board of Directors, 2023

    Communications Director, 2020-2022

    Advisory Council, 2021

    Board of Directors, 2021

    Scholarship Director, 2017-2019

    Dinner Auction Committee Co-Chair/New Orleans Program Co-Director, 2015-2017

    Defense Research Institute (DRI)

    DRI Lawyers’ Professionalism and Ethics Committee, Chair, 2025, Co-Chair, 2023-2024

    DRI Louisiana State Representative, 2025

    DRI Asbestos Medicine Seminar Marketing Committee, 2023, 2024

    DRI Asbestos Medicine Seminar Young Lawyer Leader, 2023, 2024

    DRI Young Lawyers Steering Committee, 2022-2023

    DRI Young Lawyers Raising the Bar Committee, Vice-Chair, 2022-2023

    DRI Talc Litigation Seminar, Vice-Marketing Chair, 2021

    DRI Asbestos Medicine Seminar Sponsorship Chair, 2020

    DRI Talc Litigation Seminar Counsel Meeting Chair, 2019

    American Bar Association, Young Lawyers Division

    Parents in Practice Committee, Chair, 2023-present

    Parents in Practice Committee, Co-Chair, 2022-2023

    Young Lawyers Membership Board, Vice-Chair, 2022-2023

    Federal Bar Association

    International Association of Defense Counsel 2023-present

    Peer nominated by invitation only

    Louisiana Association of Defense Counsel

    Board of Directors, 2023-present

    Young Lawyers Committee Chair, 2021-2023          

    Louisiana State Bar Association

    Ethics Advisory Service Committee, 2019-present

    House of Delegates, 2022-present

    Leadership Class, 2019-2020

    Women’s Energy Network National Conference

    National Conference Sponsorship Committee Chair, 2018

    National Conference Marketing Committee Member, 2017

    Women’s Energy Network, South Louisiana Chapter

    President, Board of Directors, 2023

    Communications Director, 2020-2022

    Advisory Council, 2021

    Board of Directors, 2021

    Scholarship Director, 2017-2019

    Dinner Auction Committee Co-Chair/New Orleans Program Co-Director, 2015-2017

    • Louisiana Association of Defense Counsel
      • Frank L. Maraist Award (2025)
      • "Young Lawyers Committee Member of the Year" (2019)
    • Louisiana Super Lawyers® “Rising Star” (2019-present)
    • The Best Lawyers in America: Ones to Watch® (2021-present)
    • New Orleans CityBusiness
      • Woman of the Year Honoree (2024)
      • Leadership in Law (2022)
      • “Ones to Watch: Law” (2019)
    • Oil and Gas Investor’s "Top Forty Under 40” (2022)
    • Louisiana State Bar Association
      • House of Delegates (2022-present)
      • Inaugural “Top 40 Under 40” (2023)
    • Louisiana Association of Defense Counsel
      • Frank L. Maraist Award (2025)
      • "Young Lawyers Committee Member of the Year" (2019)
    • Louisiana Super Lawyers® “Rising Star” (2019-present)
    • The Best Lawyers in America: Ones to Watch® (2021-present)
    • New Orleans CityBusiness
      • Woman of the Year Honoree (2024)
      • Leadership in Law (2022)
      • “Ones to Watch: Law” (2019)
    • Oil and Gas Investor’s "Top Forty Under 40” (2022)
    • Louisiana State Bar Association
      • House of Delegates (2022-present)
      • Inaugural “Top 40 Under 40” (2023)
  • American Cancer Society Advocate, Belles and Beaus Ball Committee, 2014-2017

    First Baptist Covington, Connect Group Leader, 2023-present

    Junior League of New Orleans, Treasurer, Planning & Development Committee, 2023-2024

    The Tim Tebow Foundation, Night to Shine, Chaperone Committee, Co-Chair, 2023-2024

    American Cancer Society Advocate, Belles and Beaus Ball Committee, 2014-2017

    First Baptist Covington, Connect Group Leader, 2023-present

    Junior League of New Orleans, Treasurer, Planning & Development Committee, 2023-2024

    The Tim Tebow Foundation, Night to Shine, Chaperone Committee, Co-Chair, 2023-2024

Firm Highlights

  • Experience

    Burnell Joseph v. Atalco Gramercy, LLC et al., No. 3:23-cv-505, United States District Court for the Middle District of Louisiana

    Bob Kerrigan and Jose Ruiz successfully secured summary judgment dismissal for their client, Velan, Inc., in a complex intentional tort and products liability act involving catastrophic injury. The plaintiff, a precipitation batch tank operator working at the Atalco alumina refinery in Gramercy, Louisiana, suffered severe and debilitating chemical burn injuries to his face, eyes, and body when he was sprayed with caustic liquor while working underneath a tank at the refinery. He claimed that the valve that controlled the flow of liquor into the tank was leaking, which allowed the tank to become filled with liquor after it had been previously verified as empty. He filed suit against Velan, Inc., the manufacturer of the valve that controlled the flow of liquor into the tank, alleging that the valve was unreasonable dangerous in accordance with the Louisiana Products Liability Act. He also filed an intentional tort claim against his employer, Atalco Gramercy, LLC, alleging that Atalco knew the valve was leaking and continued to force employees to work underneath the tank. He claimed that under these conditions, an incident such as his was substantially certain to occur. Following the close of discovery, Velan moved for summary judgment dismissal of the plaintiff’s claims was appropriate because: (1) the plaintiff’s injuries were a result of Atalco’s misuse of the valve; (2) the plaintiff lacked the expert testimony needed to prove his theory of liability under the Louisiana Product’s Liability Act; (3) the Velan valve at issue was not unreasonably dangerous as defined by the Louisiana Products Liability Act; and (4) the plaintiff was unable to prove proximate causation needed to establish his case of liability against Velan. The Hon. Brian Jackson found that under the undisputed facts presented by Velan, summary judgment was appropriate and dismissed the plaintiff’s claims against it, with prejudice.
  • Insight

    No Mercy for Employers in Louisiana Supreme Court’s Recent Magill Decision

    In its recent per curiam opinion, Magill v. Werner Enterprises, Inc. of Nebraska[1], the Louisiana Supreme Court has foreclosed a routine defense strategy to shield employers from direct negligence claims. The high court has extended their 2022 decision in Martin v. Thomas[2], and now allows plaintiffs to pursue direct negligence claims against an employer despite the employer’s stipulation that its employee was in the course-and-scope of employment and caused the accident. Essentially, employers who fail to implement better employment practices will permit plaintiffs to ramp up potential exposure with evidence, if such exists, that heretofore they were routinely barred from introducing at trial. The Supreme Court’s Magill holding should encourage employers to update where needed their policies and procedures pertaining to hiring, training, supervising, and entrusting duties and property to employees, not only for the safety of their employees and customers in this state, but also eliminate employer’s exposure to direct negligence claims. Prior to Martin, a litigation strategy had taken shape where employers stipulated to 1) an employee being in course-and-scope of employment at the time of the accident, 2) that the employee was at fault for the accident being caused, or 3) both. By stipulating these facts, employers were largely able to exclude evidence of any direct negligence on part of the employer and/or narrow the scope of trial to only a contest of the plaintiff’s injuries. The Supreme Court in Martin held that despite an employer admitting their employee was in course and scope when the accident occurred, plaintiffs could pursue direct negligence claims against the employer—as the issue of liability had not been admitted. Accordingly, employers found success by admitting both course and scope and liability—as seen in the Western District of Louisiana’s holding in Ferguson v. Swift Transp. Co. of Arizona[3]. In Ferguson, the defendants stipulated that their employee was acting in course-and-scope at the time of the accident and their employee was 100% at fault for the accident being caused. Due to the employer’s stipulation of fault, Judge Wicks of the Western District of Louisiana held that Martin did not apply and that plaintiffs could not pursue direct negligence claims. In Magill, the Louisiana Supreme Court provided scarce reasoning for their decision. The high court simply affirmed the District Court’s expansion of the holding in Martin and that the employer’s reliance on the Western District’s Ferguson holding was a misapplication of Louisiana law. The Supreme Court also cited the decision in Tardo v. Farrell.[4] where the Fifth Circuit held that even if an employer and employee stipulate to course and scope and fault, those admissions do not eliminate direct-negligence claims because those claims remain separate issues for the trier of fact. The Fifth Circuit notably stated, “the societal decisions as to who actually pays does not change the manner of assessing fault to all parties as required by law.” This statement raises concern, as plaintiffs may now attempt to challenge employer stipulations that historically narrowed trials. The Supreme Court did not explain its reliance on Tardo, so future litigation will likely clarify the decision’s full impact. Under Magill, plaintiffs are permitted to pursue direct negligence claims against the employer despite the employer admitting that their employee was acting in course and scope at the time of the accident and their employee was 100% at fault for the accident being caused. The full effect of the Supreme Court’s decision remains to be seen. In praxis, Magill will permit plaintiffs to put on evidence of direct negligence by an employer in front of a jury who cannot assign fault—as fault has already been stipulated to by the defendants. Employers now face the practical risk that plaintiffs will encourage juries to increase damages as a form of punishment against an employer that admits fault but contests the nature and extent of the plaintiff’s injuries. Employers should use this moment to rigorously review and strengthen policies and procedures related to hiring and training in order to limit exposure when plaintiffs assert direct-negligence claims.  [1] Magill v. Werner Enterprises, Inc. of Nebraska, 2025-00892 (La. 11/12/25) [2] Martin v. Thomas, 21-01490 (La. 6/29/22), 346 So.3d 238 [3] Ferguson v. Swift Transp. Co. of Arizona, 17-1570, 2023 WL 173413 (W.D. La. Jan. 12, 2023) [4] Tardo v. Ferrell, 25-123 (La. App. 5 Cir. 5/28/25), 2025 WL 1516837 (unpublished).