Eastern District of Louisiana - LSU Paul M. Hebert Law Center

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Baton Rouge, LA
Schedule
THE LOUISIANA LAW REVIEW
PRESENTS
Eastern District of
Louisiana:
The Nation’s MDL
Laboratory
Friday, March 22, 2013
8:00-8:30 a.m.
Registration and Continental Breakfast (provided)
8:30-8:45 a.m.
Welcome Address & Opening Remarks
Chancellor Jack Weiss
Professor Margaret Thomas
8:45-9:45 a.m.
Introduction to Multidistrict Litigation
The Honorable Eldon Fallon
The Honorable Kurt D. Engelhardt
The Honorable Stanwood Duval
9:50-10:50 a.m.
Selection of Lead Counsel
Moderator: The Honorable Lee Rosenthal
The Honorable Stanwood Duval
The Honorable Kurt D. Engelhardt
Elizabeth Cabraser
Professor Francis McGovern
10:55-11:55 a.m.
Louisiana Law Review
W114 Paul M. Hebert Law Center
1 E. Campus Dr., Louisiana State University
Baton Rouge, LA 70803-0001
Moderator: Professor Margaret Thomas
Settlements & Attorney’s Fees
Moderator: Professor Francis McGovern
Lunch Break
12:30-1:30 p.m.
Lunch Presentation
Compensating the Victims After the Deepwater Horizon Disaster
Professor Samuel Issacharoff
Teddy Rave
1:35-2:35 p.m.
Reporting Time & Expense
Moderator: Professor Francis McGovern
Leonard Davis
Philip Garrett
2:40-3:40 p.m.
Common Benefit Fund
Moderator: Professor Francis McGovern
The Honorable Eldon Fallon
Jeremy Grabill
Allan Kanner
3:40-3:45 p.m.
Closing Remarks
REGISTER TODAY
12:00-12:30 p.m.
The procedural landscape of multidistrict litigation has
been rapidly evolving and become a critical focal point of
complex litigation. MDL cases have generated a vast array
of procedural and administrative innovations aimed not
only at efficient management of massive numbers of cases,
but also forging new pathways to global settlements. The
Eastern District of Louisiana has been the source of many
of these innovations, offering pathmaking approaches to
managing, administering, and ultimately resolving some
of the most complicated disputes in the nation. How have
these innovations come to be, and what do they mean for
the future of MDL in Louisiana and the nation? This Symposium will bring together leading federal judges, attorneys
and scholars to explore these questions.
Teddy Rave
LSU Law Center
Professor Samuel Issacharoff
March 22, 2012
Patrick Juneau
The Nation’s MDL Laboratory
Calvin Fayard
Eastern District of Louisiana:
Elizabeth Cabraser
March 22, 2013
LSU Law Center
McKernan Auditorium
Baton Rouge, LA
FREE CLE
6.00 Louisiana Credit Hours
McKernan Auditorium, LSU Law Center
Eastern District of Louisiana: The Nation’s MDL Laboratory
A SYMPOSIUM
PRESENTED BY
Louisiana Law Review
Registration Form (only one registrant per form)
Leonard A. Davis
Herman, Herman & Katz, L.L.P.
Leonard A. Davis is a partner of Herman, Herman & Katz, L.L.P., as well as the national firm of Herman Gerel, LLP, headquartered in Atlanta, Georgia. After receiving his B.A. from the University Texas at Austin, Mr. Davis attended Tulane University School
of Law where he received his Juris Doctorate in 1984. Mr. Davis’ practice includes corporate law, commercial litigation, complex
business litigation, multi-district litigation, mass torts, class ations, and railroad crossing matters. Mr. Davis is a member of the
Louisiana State Bar Association, New Orleans Bar Association, Federal Bar Association, American Bar Association (Member of
Section of Business Law), American Association for Justice, The Mass Tort Lawyers Association and the Louisiana Association for
Justice. He teaches Complex Litigation at Tulane Law School as an adjunct professor.
Calvin Fayard
Fayard & Honeycutt
The Honorable Stanwood R. Duval, Jr.
United States District Court for the Eastern District of Louisiana
Stanwood R. Duval, Jr. was sworn in as United States District Judge for the Eastern District of Louisiana on October 31, 1994.
His official duty station is New Orleans, Louisiana. Judge Duval received a B.A. degree in 1964 from Louisiana State University
and a J.D. degree in 1966 from LSU Law School. From 1966 until his appointment to the federal bench, Judge Duval practiced
law in Houma, Louisiana, as a partner with Duval, Funderburk, Sundberry & Lovell, L.L.P. Additionally, during those years he was
Assistant City Attorney from 1970 to 1972 and the Parish Attorney for the Terrebonne Parish Consolidated Government from
1988 to 1992. Judge Duval served as a member of the Indigent Defender Board from 1976 to 1982 and was an elected delegate
to the Louisiana Constitutional Convention of 1973 (member, Committee on Executive Branch) and elected to Committee to
Write Rules of Procedure. Judge Duval was a Member of the Advisory Committee on Appellate Rules of the Judicial Conference of the United States Courts, 1997-2003, the Council of the Louisiana Law Institute, 1996-2000, and the Fifth Circuit Judicial
Council, 2004-2007. He was also President of the Tulane Inns of Court, 2001-2004, and is on the Board of Directors of Covenant
House of New Orleans, a non-profit corporation which provides aid to homeless adolescents, 2001 to date.
The Honorable Kurt D. Engelhardt
United States District Court for the Eastern District of Louisiana
Judge Kurt D. Engelhardt was appointed by President George W. Bush to the United States District Court for the Eastern
District of Louisiana on December 13, 2001. He received a Bachelor of Arts in History in 1982 from Louisiana State University in
Baton Rouge and received his law degree from LSU in 1985. Prior to his appointment to the federal bench, Judge Engelhardt
was a partner with the Metairie, Louisiana law firm of Hailey, McNamara, Hall, Larmann & Papale, where his practice included all
aspects of commercial transactions and commercial litigation, including real estate, bankruptcy, insurance defense and coverage issues, RICO, contract disputes, and construction litigation, along with some practice in the areas of personal injury litigation and white collar criminal defense work. In 1995, Judge Engelhardt was appointed by the Governor to serve a four-year term
on the nine-member Louisiana Judiciary Commission; in 1998, he was elected by his fellow commission members to serve as
Chairman. His work on the Judicial Commission has been cited for its excellence by the Louisiana Supreme Court. In 2004, Judge
Engelhardt was appointed by United States Supreme Court Justice Rehnquist to serve on the Judicial Conference Committee on
Federal-State Jurisdiction, where he served two terms. He currently serves on the U.S. Fifth Circuit’s Committee on Criminal Pattern Jury Instructions, charged with drafting and updating jury instructions for use throughout the Circuit. He is also a member
of several professional organizations including the Advisory Board of the New Orleans Chapter of The Federalist Society; the
Board of Directors (and past president) of the New Orleans Chapter of the Federal Bar Association.
The Honorable Eldon E. Fallon
United States District Court for the Eastern District of Louisiana
Honorable Eldon E. Fallon received his B.A. and J.D. degrees from Tulane University and earned his LL.M. degree from Yale
School of Law. He was a partner in the New Orleans law firm of Gainsburgh, Benjamin, Fallon & David. He is a member of the New
Orleans, Louisiana State, American Bar Associations, the American College of Trial Lawyers and The American Law Institute. He
is a past president of the Louisiana State Bar Association and the Louisiana Bar Foundation. Judge Fallon is the author of several
books and numerous law review articles. He was appointed United States District Judge for the Eastern District of Louisiana in
1995.
The Honorable Lee Rosenthal
United States District Court for the Southern District of Texas
Judge Lee H. Rosenthal was appointed a United States District Court Judge for the Southern District of Texas, Houston Division in 1992. Before then, she was a partner at Baker & Botts in Houston, Texas, where she tried civil cases and handled appeals
in the state and federal courts. She received her undergraduate and law degrees from the University of Chicago and served as
law clerk to Chief Judge John R. Brown, United States Court of Appeals for the Fifth Circuit. Chief Justice Rehnquist appointed
Judge Rosenthal as a member of the Judicial Conference Advisory Committee on Civil Rules in 1996. She served as chair of the
Class Actions subcommittee during the development of the 2003 amendments to Rule 23. Chief Justice Rehnquist appointed
Judge Rosenthal chair of the Civil Rules Committee in 2003. In 2007, Chief Justice Roberts appointed Judge Rosenthal to chair
the Judicial Conference Committee on the Rules of Practice and Procedure, which coordinates and oversees the work of the
Advisory Committees for the Civil, Criminal, Evidence, Appellate, and Bankruptcy Rules. She served as chair until October 2011.
Judge Rosenthal frequently teaches, lectures, and writes on complex litigation and case management.
Elizabeth Cabraser
Lieff, Cabraser, Heimann & Bernstein, LLP
Elizabeth J. Cabraser is a founding partner of Lieff Cabraser Heimann & Bernstein with 34 years experience representing
plaintiffs in securities, antitrust/unfair competition, product liability, consumer fraud, mass tort, civil rights, and employment
discrimination litigation in federal and state courts. She served as court-appointed lead/co-lead counsel in over 85 federal
multidistrict and state proceedings, currently serving in leadership roles in the Toyota and B.P. Oil Spill litigations. She teaches
complex litigation at Berkeley and Columbia Law Schools, is Editor-in-Chief of California Class Action Practice and Procedure,
and regularly writes on class action complex litigation and due process topics for law reviews and practitioners’ publications. Ms.
Cabraser is repeatedly named in National Law Journal’s “100 Most Influential Lawyers in America,” its “50 Most Influential Women
Lawyers,” and included in the Daily Journal’s “Top 100 Lawyers” annually since 1998. In 2010, Ms. Cabraser was appointed to
serve on the Federal Rules Advisory Committee.
Eastern District of Louisiana: The Nation’s MDL Laboratory
March 22, 2013
Calvin Fayard is a native of Louisiana, and is a graduate of Southeastern Louisiana University and Louisiana State University Law Center. In practice for over forty years, he founded the law firm of Fayard & Honeycutt, which practices complex and
environmental litigation both locally and nationally. Mr. Fayard is recognized as a skillful and innovative negotiator of complex
litigation settlements. He serves on the Plaintiffs Steering Committee for the BP Deepwater Horizon oil spill litigation and as lead
negotiator, he helped reach the two settlements with BP that were granted preliminary approval on May 2, 2012, one of which
is the largest civil class action settlement in U.S. history. Mr. Fayard is a member of the International Academy of Trial Lawyers,
a worldwide association of accomplished attorneys. He has published numerous articles and several compilations on complex
and class action litigation. He was an elected delegate to the 1973 Louisiana Constitutional Convention.
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WILL YOU ATTEND THE COMPLIMENTARY LUNCH?  YES  NO
Philip Garrett
Philip A Garrett, CPA
Register by fax (225) 578-1685, scan & email to lawreview@law.lsu.edu, or print and return to:
Jeremy Grabill
Phelps Dunbar L.L.P.
Louisiana Law Review
W114 Paul M. Hebert Law Center
1 E. Campus Dr., Louisiana State University
Baton Rouge, LA 70803
Philip Garrett is the owner of Philip A. Garret, CPA. He is recognized as an expert in both Federal and State courts throughout Louisiana. He has over 40 years of expereience in public accounting in the New Orelans area. He also has 25 years of experience working mainly in the litigation area.
Mr. Grabill practices in the areas of commercial litigation, products liability, and mass torts. He has represented defendants
in several prominent mass tort litigations, including the In re World Trade Center Disaster Site litigation in the Southern District
of New York and the In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico multidistrict litigation in the Eastern
District of Louisiana. Before joining Phelps Dunbar, Mr. Grabill was an associate at Weil, Gotshal & Manges LLP in New York from
2008-2012. He also served as a law clerk to U.S. District Court Judge Eldon E. Fallon of the Eastern District of Louisiana from
2006-2008, during which time Judge Fallon presided over the In re Vioxx Products Liability multidistrict litigation. He received
his J.D. from Tulane University Law School in 2006, where he served as Managing/Symposium Editor of the Tulane Law Review.
Professor Samual Issacharoff
New York University School of Law
Samuel Issacharoff is the Reiss Professor of Constitutional Law at New York University. He teaches and writes in a variety of
areas, including constitutional law and complex litigation. He is a Fellow of the American Academy of Arts and Sciences, and he
served as the Reporter for the American Law Institute’s Principles of Aggregate Litigation (2010).
Patrick Juneau
Juneau David, APLC
Patrick Juneau is a 1965 graduate of the LSU Law Center, and the LSU Law Center 2006 Distinguished Alumnus of the
Year. He is a Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has been
appointed Special Master in the following: In Re: Combustion, Inc., MDL; In Re: New Orleans Tank Car, MDL; In Re: Educational
Testing, MDL; In Re: Vioxx Products Liability, MDL; In Re: Toyota Motor Corp., MDL; In Re: Guidant Corp., MDL; and In Re: Oil Spill
by Oil Rig “Deepwater Horizon,” MDL.
Allan Kanner
Kanner & Whiteley, L.L.C.
Allan Kanner is the founding member of Kanner & Whiteley, L.L.C., a national litigation firm based in New Orleans, Louisiana,
where he specializes in environmental, toxic tort, class action, and complex business litigation. Numerous courts have acknowledged his complex litigation and courtroom expertise. He has been lead or co-lead counsel in a variety of MDLs. Mr. Kanner
currently represents the State of Louisiana in the BP Oil Spill Litigation. Additionally, Kanner continues to represent New Jersey
in various natural resource damages cases. Kanner has been an Adjunct Professor of Law at Tulane University Law School, and
a Visiting Professor at Yale Law School, Duke Law School, and the University of Texas Law School. He earned his B.A. from the
University of Pennsylvania and J.D. from Harvard Law School. He is also the author of over 80 scholarly articles and two books,
which have been regularly cited by various courts throughout the United States.
Professor Francis E. McGovern
Duke University School of Law
Francis E. McGovern, professor of law, Duke University, is an originator of alternative dispute resolution to improve the
litigation process. As a court-appointed special master or neutral expert, he has developed solutions in over 70 complex cases
in the U.S. and abroad including Gulf oil spill, DDT, Dalkon Shield, silicone get breast implants, asbestos, water rights, civil rights,
and the first Gulf War.
Theodore Rave
Furman Fellow, New York University School of Law
Theodore Rave is a Furman Fellow at New York University School of Law. Before beginning his fellowship he clerked for
Judge Sand on the Southern District of New York and Judge Katzmann on the Second Circuit and worked in the Issues and Appeals practice at Jones Day. He writes about civil procedure, complex litigation, and election law and has articles appearing in
the Harvard Law Review and the Vanderbilt Law Review.
FREE REGISTRATION AND CLE CREDIT
Lunch will be available at no charge, however, pre-registration is required.
The deadline to pre-register is March 15.
LOCATION
LSU Law Center
McKernan Auditorium
1 East Campus Drive
Baton Rouge, LA 70803
TIME 8:30 a.m.
For more information contact Melinda Braud (225) 578-1683