Fishman Haygood Trial Team Secures $10 Million Jury Verdict in Botched Asbestos Abatement Case that Displaced Schoolchildren

Fishman Haygood litigators Kerry Miller, Rebekka Veith, and Hogan Paschal recently prevailed in an Orleans Parish Civil District Court jury trial on behalf of firm clients Choice Foundation (Choice) and the Orleans Parish School Board (OPSB). The case centered on defective asbestos abatement construction work at historic Lafayette Academy, a charter school operated by Choice and owned by OPSB, that ultimately resulted in the displacement of schoolchildren, faculty, and staff. The month-long trial was heard before Chief Judge D. Nicole Sheppard and concluded in early February 2025 with a jury verdict that will exceed $10 million with interest and costs for Choice Foundation and OPSB.

While in operation, Lafayette Academy was the recipient of numerous federal and state awards for excellence in education. Among the school’s many achievements, Lafayette Academy’s fourth graders jumped from a 42% to 100% passage rate on the LEAP test in only three years. The holistic school environment engendered unmatched engagement among Lafayette Academy students, staff, and parents, making it a special place in the community.

In 2018, an asbestos abatement project in designated areas of Lafayette Academy’s campus went awry and led to contamination across the entire school.

Due to this negligence on the part of the contractors, Lafayette Academy was abruptly shut down as the school year was set to begin and remained closed for two years. Students were displaced and split into separate schools, which ultimately led to rising costs at other schools as OPSB sought to accommodate the Lafayette Academy population. The faulty construction work at Lafayette Academy also led to contaminated and unusable materials, like books and band uniforms, a loss of faculty and staff, as well as bad press. The jury awarded OPSB and Choice all of their property damages and $1.25 million for reputational damages.

After seven long years in litigation, the Fishman Haygood trial team is most proud of representing—and winning on behalf of—those organizations working to make an impact on young lives in our community. Learn more about the types of litigation we’re doing at home, across the country, and around the globe here.