Portrait of Jonathan M. Walsh

Jonathan M. Walsh

Partner

Portrait of Jonathan M. Walsh
  • Overview
  • Experience
  • Events

Jonathan M. Walsh thrives in the courtroom, where he has repeatedly delivered excellent results and on short notice as rescue counsel.  His natural ability to identify the critical issues, evidence, and testimony has turned cases around.  When he is involved at the start, he uses those skills and work with his client to develop a solid path to the right result.

Within the firm, Jonathan has served as the Co-Chair of the Civil Litigation Department and developed a year-long Lunch and Learn curriculum, covering topics from narrative billing and timekeeping, to voir dire, to appellate advocacy. 

It is his close relationship to longstanding clients of which he is most proud.  Whether individuals, global retailers, or Big Easy businesses, Jonathan’s clients have benefitted from his vast experience.  He began as an intern at the Center for Seafarers’ Rights and authored guidebooks for mariners from multiple countries.  As a Coast Guard Reserve attorney, he served as an Article 32 hearing officer and was privileged to provide legal assistance to hundreds of servicemembers before, during, and after deployments and hurricane contingencies.  For his corporate clients, he has authored investigation and discovery protocols and consulted on scripts for their training videos.

It is his national and community service of which is most formed.  Joining the Coast Guard Reserve over his 2L summer, Jonathan went on to serve as a legal assistance attorney and a port security officer.  He successfully led a landward port security detachment to provide pier-side law enforcement at the City of Mobile’s Tricentennial in 2002.  During Operation Iraqi Freedom, 2003-2004, he deployed to Kuwait to provide landward anti-terrorism and force protection at the Strategic Port of Debarkation/Embarkation.  There, he, and those he was privileged to lead, conducted thousands of vehicle and personnel inspections, and responded to fires, dignitary protection contingencies, and one suspected terrorist attack, an ambush of a bus containing third-country, civilian port workers. 

Back in the U.S., Jonathan deployed to Gulfport, Mississippi, in the immediate aftermath of Hurricane Katrina, to locate and support his affected personnel and to provide logistical support and liaison to responding Coast Guard assets.  He is the recipient of, among other personal awards, the Coast Guard Commendation Medal with operational distinguishing device and the Navy and Marine Corps Commendation Medal.

Locally, Jonathan serves on the Parish Council of his local church and is a regular lector and Extraordinary Eucharist Minister.  Finally, he lectures as an adjunct professor in Tulane University’s Emergency and Security Studies Department and serves as a Faculty Fellow.

In what free time he has, Jonathan is an avid, amateur historian of the First World War and has traced the service record in that war of the firm’s founder, “the Colonel,” Eberhard P. Deutsch. During football season, Jonathan cheers for the Wave to Roll, the Irish to Fight, and that no one “gonna beat dem Saints.”

    • Tulane University (J.D., 1998)
    • University of Notre Dame (M.A., 1995)
    • University of Notre Dame (B.A., 1994)
    • Tulane University (J.D., 1998)
    • University of Notre Dame (M.A., 1995)
    • University of Notre Dame (B.A., 1994)
    • Louisiana
    • Louisiana
  • Louisiana State Bar Association

    American Bar Association

    National Restaurant and Retail Defense Association

    Louisiana State Bar Association

    American Bar Association

    National Restaurant and Retail Defense Association

    • AV Preeminent Martindale-Hubbell® Peer Review Rating™

    • AV Preeminent Martindale-Hubbell® Peer Review Rating™

  • Tulane University, Department of Emergency & Security Studies
    Adjunct Lecturer, Faculty Fellow

    St. Rita Catholic Church
    Parish Council, Lector, Extraordinary Minister

    Ancient Order of Hibernians
    Veterans’ Affairs Coordinator

    Tulane University, Department of Emergency & Security Studies
    Adjunct Lecturer, Faculty Fellow

    St. Rita Catholic Church
    Parish Council, Lector, Extraordinary Minister

    Ancient Order of Hibernians
    Veterans’ Affairs Coordinator

Firm Highlights

  • 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).
  • 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.