Terms Of Use

This website user agreement (this “agreement”) applies to all individuals who use or browse (collectively users or “you”) on http://www.deutschkerrigan.com

These terms of use govern your use of this site. By accessing the website(s), you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by Deutsch Kerrigan at any time at its discretion. Your use of the website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

ACCESS TO THE WEBSITES

To access the websites or some of the resources it has to offer, you may be asked to provide certain registration details. It is a condition of your use of the websites that all the details you provide will be correct, current, and complete. If Deutsch Kerrigan believes the details are not correct, current, or complete, Deutsch Kerrigan has the right to refuse you access to the websites or any of its websites or its resources, and to terminate or suspend your access at any time.

RESTRICTIONS ON USE’ LAWS AND REGULATIONS

You have a nonexclusive, nontransferable, limited, revocable right to use the websites solely to obtain information about Deutsch Kerrigan. You will not use the websites for any other purpose, including any commercial purpose, without Deutsch Kerrigan’s express prior written consent. For example, you will not (and will not authorize any other party to) co-brand the websites or any portion thereof or frame the websites or any portion thereof. For purposes of these terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the websites. You agree to cooperate with Deutsch Kerrigan in causing any unauthorized co-branding, framing or linking immediately to cease.

You agree not to use the websites for any other purpose that is unlawful or prohibited by this Agreement. You may not use the websites in any manner that: (i) is profane, defamatory, obscene, violent, sexual, discriminatory, or otherwise unprofessional, (ii) interferes with the servers or networks connected to the websites, or (iii) violates any of the terms, conditions, procedures, policies or regulations connected to the websites.

PROPRIETARY INFORMATION

The material and content accessible at the website, including without limitation, all trademarks, service marks and logos used by Deutsch Kerrigan or the party that provided the trademarks, service marks and logos (the “Content”) is the proprietary information of Deutsch Kerrigan or the party that provided the Content to Deutsch Kerrigan, and Deutsch Kerrigan or the party that provided the Content to Deutsch Kerrigan retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Deutsch Kerrigan, except that you may print out a copy of the Content solely for your personal use, and members of the media may use Content provided in the websites' Media Area solely for editorial purposes. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Deutsch Kerrigan’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the websites.

LINKS

This website may be linked to other websites which are not maintained by, or related to, Deutsch Kerrigan. Text links to such websites are provided as a service to website users and are not sponsored by or affiliated with this website or Deutsch Kerrigan. Deutsch Kerrigan has not reviewed any or all of such websites and is not responsible for the content of those websites. Links are to be accessed at the user’s own risk, and Deutsch Kerrigan makes no representations or warranties about the content, completeness or accuracy of these links or the websites hyper-linked to this website. Further, the inclusion of any link to a third-party websites does not necessarily imply endorsement by Deutsch Kerrigan of those websites.

SUBMISSIONS

You hereby grant to Deutsch Kerrigan the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all remarks, suggestions, ideas, graphics or other information communicated to Deutsch Kerrigan through the websites or electronic mail (together, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed.

Deutsch Kerrigan will not be required to treat any submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising), and will not incur any liability as a result of any similarities that may appear in future Deutsch Kerrigan operations. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trademarks or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the right from their rightful owner to post the material and to grant Deutsch Kerrigan all of the license rights granted herein; (ii) submit material that is unlawful, obscene, libelous, defamatory, hateful, harassing, racially or ethnically offensive, pornographic, or encourages conduct that would be considered a liability, criminal offense, violate any law, or is otherwise inappropriate; (iii) publish falsehoods or misrepresentations that could damage Deutsch Kerrigan or any third party; (iv) impersonate another person or (v) post advertisements or solicitations of business. Deutsch Kerrigan does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with User Submissions. Deutsch Kerrigan does not permit copyright infringing activities and infringement of intellectual property rights on its websites and will block and remove all Content and user Submissions if properly notified that such Content or User Submission infringes on another's intellectual property. Deutsch Kerrigan reserves the right to remove Content and User Submissions without prior notice.

Deutsch Kerrigan reserves the right to monitor use of the websites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither Deutsch Kerrigan nor any third party that provides Content to Deutsch Kerrigan will assume or have any liability for any action or inaction by Deutsch Kerrigan or such third party with respect to any posting.

DISCLAIMER

You understand that Deutsch Kerrigan cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the websites for the reconstruction of any lost data. Deutsch Kerrigan does not assume any responsibility or risk for your use of the Internet.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Deutsch Kerrigan does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete.

LIMITATION ON LIABILITY

Deutsch Kerrigan, its licensors, service providers, content providers, employees, agents, officers and directors, will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if Deutsch Kerrigan has been advised of the possibility of such damages. In no event will the collective liability of Deutsch Kerrigan and its licensors, service providers, content providers, employees, agents, officers, directors and shareholders to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to Deutsch Kerrigan for the applicable content or service out of which liability arose.

INDEMNITY

By using the websites, each User accepts all responsibility for and hereby indemnifies Deutsch Kerrigan, its officers, directors, employees, shareholders, content providers, service providers and contractors and agrees to hold them harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that Deutsch Kerrigan its officers, directors, employees, shareholders, content providers, service providers and contractors will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of such parties in connection therewith. You will also indemnify and hold the aforementioned parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the websites.

SECURITY

Any passwords used for the websites are for individual use only. You shall be responsible for the security of your password (if any). Deutsch Kerrigan shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Deutsch Kerrigan considers insecure, Deutsch Kerrigan will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Deutsch Kerrigan reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Deutsch Kerrigan reserves the right to investigate suspected violations of these Terms of Use.

Deutsch Kerrigan reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Deutsch Kerrigan to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you, your heirs and assigns, waive and hold harmless Deutsch Kerrigan from any claims resulting from any action taken Deutsch Kerrigan during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Deutsch Kerrigan or law enforcement authorities.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Louisiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Louisiana in connection with any dispute between you and Deutsch Kerrigan arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state and federal courts in New Orleans, Louisiana. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof. Deutsch Kerrigan can revise these Terms of Use at any time by updating this posting.

Firm Highlights

  • News

    Deutsch Kerrigan Recognized in 2026 Chambers USA Rankings

    Deutsch Kerrigan is proud to announce that five of our attorneys and two of our practice areas have been recognized in the 2026 edition of Chambers USA, one of the most prestigious and trusted legal directories in the country. Ranked Practice Areas • Louisiana – Construction (Band 1) • Louisiana – Insurance (Band 2) Ranked Attorneys • Kelly Theard – Construction (Louisiana), Band 1  • Keith Bergeron – Construction (Louisiana), Band 2 • Brian Schaps – Construction (Louisiana), Band 3  • Terrence Brennan – Construction (Louisiana), Senior Statespeople • Frederic Theodore “Ted” Le Clercq – Labor & Employment (Louisiana), Band 4  Chambers USA is widely considered the leading resource for identifying top legal talent. Its rankings are the result of extensive independent research and interviews with clients and legal peers, assessing factors such as legal ability, professional conduct, client service, commercial awareness, and commitment. We are honored to be recognized among the top in our field and remain committed to delivering the high-quality service our clients expect and deserve.
  • News

    Karina Shareen Named 2026 Top Young Lawyer by Louisiana State Bar Association

  • Insight

    New Tech Changing Consent Laws?

  • Experience

    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.
  • 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

    The Betterment Doctrine and Property Damage Claims

  • Insight

    Navigating Louisiana’s New Litigation Landscape: Critical Updates for Insurance Companies

  • 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.
  • 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).
  • News

    Deutsch Kerrigan celebrates 100 years of legal leadership across Louisiana and the Gulf Coast