Appellate Group
Fishman Haygood regularly handles appeals in federal and state courts, representing plaintiffs and defendants across many substantive subject areas at various stages of pre-trial and trial dispositions, in review of administrative proceedings, and, as part of our pro bono commitment, in select immigration and post-conviction proceedings. Fishman Haygood’s counsel have taken on cases once they are already on appeal, and also assist trial teams in pre-trial proceedings and at trial to ensure the proper positioning and preservation of appellate issues.
Firm counsel Tad Bartlett has brought a long and deeply developed appellate practice and knowledge to head the firm’s appellate group. After clerking for the Hon. James L. Dennis on the U.S. Court of Appeals for the Fifth Circuit, Tad continued to develop an appellate-focused practice, assisting clients on appellate matters in all Louisiana state courts, as well as in matters before the U.S. Second, Fifth, Seventh, and Ninth Circuits, and in certiorari practice before the U.S. Supreme Court. Among other positive results for his clients, Tad has achieved a reversal of appellate and trial court decisions at the Louisiana Supreme Court on an expedited review of an adverse judgment against a major sports league; the reversal by the U.S. Seventh Circuit Court of Appeals of an order decertifying a class on a Rule 23(f) appeal; and the reversal of summary judgment by the Louisiana Fourth Circuit Court of Appeal on a novel question of duty owed by pipeline companies in a wetlands-loss case. Tad keeps a semi-daily blog, “Take the Fifth,” summarizing every decision released by the U.S. Court of Appeals for the Fifth Circuit and keeping monthly and annual compilations of statistics from Fifth Circuit decisions. He is frequently sought for analysis on Fifth Circuit appellate issues by the national legal press.
Partner Jason Burge served as a judicial law clerk for the Hon. Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit, and often represents clients in appeals in the U.S. Second, Fifth, and Ninth Circuits, as well as all Louisiana state courts of appeal. Jason’s appellate work has spanned the spectrum from bankruptcy, to both plaintiff and defendant class action issues, to banking law, to complex commercial disputes.
Partner Kerry Miller clerked for Judge Dennis at the U.S. Court of Appeals for the Fifth Circuit. His diverse litigation practice includes appellate representation in federal and state courts involving environmental, industrial failure, construction, commercial litigation, and insurance coverage matters.
In addition to U.S. Fifth Circuit Judges Dennis and Smith, Fishman Haygood’s appellate team can draw from the experience and knowledge of firm attorneys who served as judicial clerks for Hon. John Minor Wisdom, Hon. John Duhé, and Hon. Edith Clement. Just as important in the appellate representation are attorneys who have a deep knowledge of the development of a record and the authoring of decision rationale at the trial courts, and the firm’s appellate team includes partners Molly Wells (former clerk for Hon. Carl J. Barbier, Eastern District for Louisiana), Mike Dodson (former clerk for Hon. W. Harold Albritton, III, Middle District of Alabama), and Rebekka Veith (former clerk for Hon. Dee D. Drell, Western District of Louisiana).
Because every appellate need is unique, Fishman Haygood’s attorneys welcome the opportunity to engage in this representation in a variety of fee contexts, including hourly, various flat-fee arrangements, and contingency-fee arrangements.
Representative Experience
Federal Court:
- Sonder USA Inc. v. 635 N. Scott, LLC (5th Cir. 2023): Prevailed in the Fifth Circuit against an appeal by defendant/lessor 635 N. Scott, LLC challenging a March 2022 jury verdict finding breaches of the lessor’s obligation to maintain rental units.
- Fleming v. Bayou Steel (5th Cir. 2023): Successfully argued for the reversal of a district court order that held that Black Diamond Capital Management (BDCM), the private equity parent corporation of Bayou Steel, could not be liable for damages under the Worker Adjustment and Retraining Notification (WARN) Act.
- Landon Young, et al v. Chemguard, Inc. et al (9th Cir. 2022): Prevailed in the Ninth Circuit against an appeal by Chemguard, Inc.; Tyco Fire Products, L.P.; Perimeter Solutions, LP; L.N. Curtis and Sons, Inc.; and Matlick Enterprises, Inc. (collectively, “Chemguard”) from the United States District Court for the District of Arizona regarding the right of a products liability plaintiff to proceed with his lawsuit in state court.
- K&F Restaurant Holdings, Ltd. et al. v. Rouse et al., 798 Fed. Appx. 808 (5th Cir. 2020): Successfully defended appeal of a Middle District of Louisiana opinion dismissing with prejudice K&F’s claim for violation of the Louisiana Unfair Trade Practices Act.
- In re Crocker, 941 F.3d 206 (5th Cir. 2019): Successfully defended an appeal by Navient Solutions, LLC and Navient Credit Finance Corp. from a Southern District of Texas ruling that held that Plaintiff Crocker’s student loans were dischargeable in bankruptcy, in the first Circuit Court opinion to rule on the issue.
- Broyles v. Commonwealth Advisors, Inc., 936 F.3d 324 (5th Cir. 2019): Successfully overturned the Middle District of Louisiana’s grant of a motion to dismiss, establishing that an investor in mutual funds has standing to sue the financial advisor who managed the funds.
- Matter of Henry, 944 F.3d 587 (5th Cir. 2019): Successfully defended an appeal by Wells Fargo Bank from a Southern District of Texas ruling that bankruptcy courts have discretion to refuse to enforce arbitration clauses regarding claims of violations of the discharge injunction.
- Ticknor v. Rouse’s Enterprises, L.L.C., 592 Fed. Appx. 276 (5th Cir. 2014): Successfully defended a 23(f) appeal of the Eastern District of Louisiana decision, obtaining affirmance of a ruling denying class certification in a FACTA class action.
- UBS Financial Services, Inc. et al v. Carilion Clinic, 706 F.3d 319 (4th Cir. 2013): Prevailed in the Fourth Circuit against an appeal by investment banks UBS Financial Services, Inc. and Citigroup Global Markets, Inc. from the Eastern District of Virginia regarding the arbitrability of claims that Carilion Clinic brought against the banks in FINRA arbitration.
- UBS Financial Services Inc. et al v West Virginia University Hospitals Inc., 660 F.3d 643 (2nd Cir. 2011): Successfully defended an appeal by UBS Financial Services, Inc. from the Southern District of New York to enjoin West Virginia University Hospitals, Inc. from pursuing claims against the financial services company in FINRA arbitration.
State Court:
- Morgan City Land and Fur Co. v. Tennessee Gas Pipeline Co., L.L.C., 325 So. 3d 1051 (La. 10/12/2021), affirming in part Morgan City Land and Fur Co. v. Tennessee Gas Pipeline Co., L.L.C., 319 So. 3d 437 (La. App. 4 Cir. 4/21/2021): Successfully reversing district court summary judgment that pipeline companies did not have a duty to maintain canal widths.
- Vintage Assets, Inc. v. Tennessee Gas Pipeline Co., L.L.C., 20-0065, 20-0066 (La. App. 4 Cir. 3/19/2020) (unpub.): On competing writ applications, successfully had trial court summary judgment affirmed in part that held that pipeline companies had a duty to maintain canal widths where servitude agreements required pipeline canals not exceed a certain width, and successfully had trial court summary judgment ruling reversed in part on holding that this duty to maintain canal widths also applied to servitude agreements that did not state a specific canal width.
- Thibeaux v. GoAuto Insurance Company, 269 So.3d 843 (La. App. 3 Cir. 3/2/19): Successfully overturned the 15th Judicial District Court’s grant of summary judgment on the issue of whether a named excluded operator provision was enforceable where the vehicle was driven without the insured’s permission.
- Louisiana Oil and Gas Ass’n, Inc. v. Caldwell, 2016 WL 687144 (La. App. 1 Cir. 2/18/2016): Successfully defended appeal of judgment granting regional flood protection authority’s requested declaratory relief regarding its authority to retain outside counsel to represent it in claims arising from coastal land-loss issues.
