Portrait of Robert E. Kerrigan

Robert E. Kerrigan

Partner

Portrait of Robert E. Kerrigan
  • Overview
  • News
  • Experience
  • Events

Robert Kerrigan has been representing clients in litigation for more than 45 years. Today, Robert defends insurers and other clients in personal injury and wrongful death litigation, including certified class actions and cases involving catastrophic events. He has experience handling cases involving explosions and other industrial accidents, toxic exposure, product defects, and aviation accidents, trucking accidents, and other transportation-related claims.

Among Robert’s most notable results are the victories he obtained for insurers and insurance brokers in the aftermath of Hurricane Katrina. In one case, he obtained dismissal of claims exceeding $18 million in total value against an insurance broker by proving that the broker placed proper coverage. Robert also successfully represented Pan American Airlines and the U.S. Government as lead trial counsel in the defense of more than 200 claims arising out of the airline’s fatal crash just outside of New Orleans, Louisiana in 1982.

Although initially Robert had not considered law school, witnessing his father's successful legal career as co-founder of Deutsch Kerrigan inspired him. He has since amassed extensive experience, handling a wide range of notable cases throughout his career. He remains deeply passionate about his practice and eagerly anticipates celebrating the firm's 100-year anniversary in 2026.

Continuously dedicated to his work, Robert actively mentors the firm's younger lawyers, encouraging them to adopt his methods while emphasizing the importance of individuality. He believes in teaching principles that resonate with each individual, recognizing that success comes not from emulation but from understanding and applying core principles effectively. He is proud to have played a vital role in shaping the firm's next generation of advocates and advisors.

Before attending law school, Robert completed basic Officer, Airborne & Ranger training in the U.S. Army’s Infantry Branch. He retired from the U.S. Army as a Captain in 1973. Today he is actively involved in supporting and advocating for veteran rights.

In his free time, Robert enjoys spending time with his friends and family, hunting, golfing, and traveling.

    • Tulane University School of Law (J.D., 1969)
    • Spring Hill College (1964)
    • Tulane University School of Law (J.D., 1969)
    • Spring Hill College (1964)
    • Louisiana
    • Louisiana
  • International Academy of Trial Lawyers

    American Bar Association

    Louisiana State Bar Association

    The Trial Network
    Founder & Chairman, 1995

    International Academy of Trial Lawyers

    American Bar Association

    Louisiana State Bar Association

    The Trial Network
    Founder & Chairman, 1995

    • Benchmark Litigation, "Litigation Star", 2025-2026

    • Best Lawyers in America®, 1995 - present

      • Best Lawyers in America® 2014 Litigation - Environmental "Lawyer of the Year", New Orleans, LA.

      • Best Lawyers in America® 2012 Personal Injury Litigation - Defendants "Lawyer of the Year", New Orleans, LA.

    • Louisiana Super Lawyers, 2007-present

    • AV Preeminent Martindale-Hubbell® Peer Review Rating™

    • Who's Who Legal: Product Liability Defense 2017, 2018

    • Chambers & Partners, "Notable Practitioner," 2009-2021

    • Leadership in Law Award: Top 50 Lawyers in New Orleans, 2008, 2009, 2013 (Hall of Fame)

    • New Orleans Magazine "Top Lawyer" 2012-2014, 2016

    • Benchmark Litigation, "Litigation Star", 2025-2026

    • Best Lawyers in America®, 1995 - present

      • Best Lawyers in America® 2014 Litigation - Environmental "Lawyer of the Year", New Orleans, LA.

      • Best Lawyers in America® 2012 Personal Injury Litigation - Defendants "Lawyer of the Year", New Orleans, LA.

    • Louisiana Super Lawyers, 2007-present

    • AV Preeminent Martindale-Hubbell® Peer Review Rating™

    • Who's Who Legal: Product Liability Defense 2017, 2018

    • Chambers & Partners, "Notable Practitioner," 2009-2021

    • Leadership in Law Award: Top 50 Lawyers in New Orleans, 2008, 2009, 2013 (Hall of Fame)

    • New Orleans Magazine "Top Lawyer" 2012-2014, 2016

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).