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Thirty-two Deutsch Kerrigan Attorneys Recognized in The Best Lawyers in America® 2020; Attorney Douglas Vaughn Receives “Lawyer of the Year” Honor

August 16, 2019

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Deutsch Kerrigan is pleased to announce new attorney and practice area listings in the 2020 edition of The Best Lawyers in America®.

Deutsch Kerrigan partner Douglas Vaughn received recognition as a “Lawyer of the Year.” Only one attorney in each practice area and designated metropolitan area is honored as a “Lawyer of the Year,” and those selected for this honor are based on voting averages received during peer-review assessments for The Best Lawyers in America® for their legal acumen, professionalism, and integrity.

Additionally, thirty-two Deutsch Kerrigan attorneys were listed in the 2020 edition of The Best Lawyers in America®:

  • JENNIFER E. ADAMS:  Product Liability Litigation – Defendants
  • FRANCIS J. BARRY, JR.: Admiralty and Maritime Law
  • KEITH J. BERGERON: Construction Law; Litigation – Construction; Professional Malpractice Law – Defendants
  • FREDERICK “FRITZ” R. BOTT: Personal Injury Litigation – Defendants
  • TERRENCE L. BRENNAN: Construction Law; Litigation – Construction; Professional Malpractice Law – Defendants
  • JUDY L. BURNTHORN:  Commercial Litigation
  • BERT M. CASS, JR.: Admiralty and Maritime Law; Personal Injury Litigation – Defendants
  • DARRELL K. CHERRY: Product Liability Litigation – Defendants
  • JOHN JERRY GLAS: Mass Tort Litigation/Class Actions – Defendants; Personal Injury Litigation – Defendants
  • WILLIAM C. HARRISON, JR.: Mass Tort Litigation/Class Actions – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
  • KAREN P. HOLLAND: Professional Malpractice Law - Defendants
  • ROBERT E. KERRIGAN: Commercial Litigation; Litigation – Environmental: Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
  • FREDERIC THEODORE “TED” LE CLERCQ: Employment Law – Management; Litigation – Labor & Employment; Professional Malpractice Law – Defendants
  • CHARLES E. LECHE: Admiralty and Maritime Law; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
  • MELISSA M. LESSELL: Professional Malpractice Law - Defendants
  • RAYMOND C. LEWIS: Personal Injury Litigation – Defendants
  • WALTER P. MAESTRI: Admiralty and Maritime Law; Energy Law; Personal Injury Litigation – Defendants
  • NANCY J. MARSHALL: Commercial Litigation; Legal Malpractice Law – Defendants; Litigation – Insurance; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants; Professional Malpractice Law – Defendants;
  • JOSEPH L. MCREYNOLDS: Appellate Practice; Litigation – Construction; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
  • RICHARD B. MONTGOMERY: Commercial Transactions / UCC Law; Real Estate Law
  • SEAN P. MOUNT: Commercial Litigation; Litigation – Insurance
  • ELLIS B. MUROV: Employment Law – Management; Labor Law – Management; Litigation – Labor & Employment
  • BARBARA ORMSBY: Product Liability Litigation - Defendants
  • JOANNE RINARDO: Employment Law – Management
  • KERMIT L. “TREY” ROUX III: Family Law; Insurance Law
  • ISAAC H. RYAN: Appellate Practice; Commercial Litigation; Mass Tort Litigation/Class Actions – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
  • CHARLES F. SEEMAN, JR.: Construction Law; Litigation – Construction; Personal Injury Litigation – Defendants
  • A. WENDEL STOUT III: Litigation – Environmental; Mass Tort Litigation/Class Actions – Defendants
  • KELLY E. THEARD: Construction Law; Litigation – Construction
  • R. DOUGLAS VAUGHN: Insurance Law; Litigation – Insurance; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
  • WILLIAM E. WRIGHT, JR.: Commercial Litigation; Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants
  • MARC J. YELLIN: Personal Injury Litigation – Defendants

For more than thirty years, Best Lawyers® has published lists of attorneys divided by geographic region and practice areas. Honorees are included in The Best Lawyers in America® following a peer review ranking process in which attorneys are evaluated by their peers on the basis of their professional knowledge. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

Firm Highlights

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    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).
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  • Experience

    Successfully Defended Restaurant Operator and Food Distributor Against $50 Million Product Liability Claim

    Anne Medo successfully obtained summary judgment on behalf of a restaurant operator and food distributor in a high-stakes product liability matter involving allegations that contaminated chicken nuggets caused a customer to develop severe medical complications. The plaintiff alleged that consumption of chicken nuggets purchased from a national food chain and distributed by Deutsch Kerrigan’s clients resulted in E. coli and Shigella infections, which he claimed led to significant cardiac issues and a stroke. The plaintiff sought $50 million in damages. Prior to trial, Anne moved for summary judgment, arguing that the plaintiff could not establish the required causal connection between the alleged foodborne illness and his subsequent health conditions. Specifically, the defense highlighted the absence of expert testimony necessary to support the plaintiff’s causation theories. In support of the motion, Anne presented testimony from an infectious disease expert and a cardiologist who opined that the alleged connection between the chicken nuggets and the plaintiff’s severe medical complications could not be established. The court agreed that the plaintiff lacked sufficient evidence to prove causation and granted defendants’ motion for summary judgment, dismissing all claims prior to trial.
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    Summary Judgment Granted Following Successful Challenge to Plaintiff’s Expert

    Doug Vaughn and Peyton Farve obtained a dismissal of a wrongful death product liability lawsuit against an assembly line manufacturer by successfully moving to exclude the plaintiff's expert who had a perfect track record before this case and thereafter obtaining summary judgment on all claims brought by the family of a worker who died after reaching into moving machinery. The case had been pending in federal court in North Mississippi.
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    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.
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