Keeping Up with Murphy Rogers
Murphy Rogers Welcomes Associate R. Michael Herman
Updated 5 September 2023 -
The Firm is pleased to welcome new Associate Attorney R. Michael Herman to our team of litigators. Michael comes to Murphy Rogers on the heels of graduating from Tulane University Law School in 2023, and after externing for the Honorable Judge Wendy Vitter of the U.S. District Court for the Eastern District of Louisiana. The Firm looks forward to having him on board to assist our clients and cases in the years to come.
En Banc U.S. Fifth Circuit Affirms Dismissal of U.S. Litigation against Foreign Time Charterer
Updated 18 August 2022 -
On 16 August 2022, the U.S. Fifth Circuit Court of Appeals handed down an important en banc opinion in Douglass v. Nippon Yusen Kabushiki Kaisha, — F.4th —, 2022 WL 3368289, which resolved within the Fifth Circuit a critical question regarding the requisite due process standards for the exercise of personal jurisdiction under Federal Rule of Civil Procedure 4(k)(2), an issue intertwined with the worldwide aspect of admiralty litigation. Murphy Rogers is proud to have been a part of a great team effort relating to the case, having collaborated closely with its friends at Freehill, Hogan & Mahar LLP in New York, New York in preparing the appellate briefing for defendant-appellee NYK Line, with Freehill’s Eric Matheson presenting oral argument before the en banc Panel last September.
The operative legal question at the en banc level boiled down to this – In the context of personal jurisdiction, do the due process standards required by the Fifth Amendment mirror those of the Fourteenth Amendment, which have evolved and narrowed significantly over the last decade? Penning the majority opinion for the Court, Judge Edith Jones squarely answered that question in the affirmative, holding that the Supreme Court’s “at home” standard for general jurisdiction likewise applies to a jurisdictional analysis conducted in line with the Fifth Amendment and “reject[ing] the plaintiffs’ invitation to craft an atextual, novel, and unprecedented Fifth Amendment personal jurisdiction standard.” With the answer to that threshold query in the rearview mirror, and while emphasizing that the “at home” analysis is “an inherently comparative inquiry” that must compare a company’s worldwide contacts with its American ones, Judge Jones affirmed that, as a company both incorporated and headquartered in Japan, NYK Line’s national contacts with the United States do not render it “at home” in America, which precludes the exercise of personal jurisdiction under Rule 4(k)(2) and the Fifth Amendment. Thus, the district court’s prior dismissal of the case for lack of personal jurisdiction stands.
For those interested in reviewing the opinion, a copy can be found here.
Murphy Rogers Recognized by Chambers and Partners 2022 As a Top Maritime Litigation Firm
Updated 1 June 2022 -
National Maritime Recognition
Murphy Rogers is pleased to announce that it has been ranked nationally as a top firm in the practice area of Transportation: Shipping/Maritime Litigation for 2022 by Chambers and Partners, an independent worldwide legal research and analysis firm.
Additionally, Robert Murphy, a founding director, was individually recognized by Chambers as a top attorney in the same specialty.
First Circuit Affirms Summary Judgment Dismissal for Louisiana Casino
Updated 25 May 2022 -
John Musser and Tarryn Walsh recently obtained a 3-0 affirmation of a summary judgment dismissing a slip and fall lawsuit under the Louisiana Merchant Liability Statute, La. R. S. 9:2800.6.
Following plaintiff’s slip and fall on a casino escalator, he filed suit. After initially arguing a defect with the defendant casino's escalator, plaintiff later contended that a slippery substance on the escalator caused him to slip and fall. The First Circuit Court of Appeal of Louisiana agreed with the defendant and lower court that the plaintiff’s claim failed because he had completely failed to present any evidence sufficient to establish an issue of material fact regarding notice of an allegedly defective condition.
As the First Circuit concluded:
Other than the deposition statements of Mr. Oliver, Mrs. Oliver, and Ms. Martin taken more than a year and a half after Mr. Oliver's fall, the record contains no evidence that a liquid substance was present on the escalator steps at the time of Mr. Oliver's fall. No liquid of any kind is visible on the escalator in the video showing Mr. Oliver's fall, and there are no incident reports documenting any liquid on the escalator steps. Additionally, even accepting the self-serving statements of Mr. and Mrs. Oliver and the statement of Ms. Martin as true, Mr. Oliver failed to present any evidence that the Belle had actual or constructive knowledge of the alleged liquid on the escalator. Mr. Oliver, Mrs. Oliver, and Ms. Martin did not know how the liquid came to be on the escalator, what the liquid was, or how long the liquid was present on the escalator, before Mr. Oliver fell. Moreover, no evidence was presented of any customer complaints regarding any liquid on the escalator either before or after Mr. Oliver's fall, nor was any evidence presented that the escalator required maintenance following Mr. Oliver's fall.
The decision’s citation is Oliver v. Belle of Orleans, LLC, 2021 CA 0979 (La. App. 1 Cir. 04/08/22), 2022 WL 1052526.
A Milestone for Special Counsel Jeff Raines
Updated January 2022 -
After seventeen (17) years with Murphy Rogers, Jeff Raines has retired, effective December 31, 2021.
A native of New York, New York who called New Orleans home after graduating from Loyola University Law School, Jeff’s expertise and work within the Firm’s civil litigation practice was well-recognized and appreciated by clients and colleagues throughout the business world. Over the course of his career, Jeff has applied and shared his wide-ranging expertise and trial experience in areas ranging from maritime litigation to civil rights litigation to commercial disputes, and he has provided valued mentorship to his colleagues over the years.
The team at Murphy Rogers sincerely thanks Jeff for his dedication to the Firm as well as his friendship and mentorship over the years, and the Firm congratulates him on reaching this well-deserved milestone.
P&I Qualification Progression
Updated October 2021 -
As of October 2021, Director Tim DePaula has passed Modules 1 and 2 of the International Group’s P&I Qualification Exam, demonstrating a proficiency in the general areas of the shipping business as well as P&I Insurance, history, operation and practice.
Murphy Rogers Welcomes Associates Brittney Esie and Sam Sands
Updated September 2021 -
The Firm is very pleased to welcome new Associate Attorneys Brittney Esie and Samuel Sands to the firm this fall. Brittney comes to Murphy Rogers after a yearlong clerkship with Judge Marilyn Castle of the 15th Judicial District in Lafayette, Louisiana, while Sam starts with the Firm after recently graduating from Tulane University Law School. We look forward to having them both as part of the Murphy Rogers team!
The (Jury) Verdict Is In - The House Wins.
Updated 16 September 2021 -
John Musser and Tim DePaula, two of the Firm’s Directors, recently secured a complete defense verdict for a Louisiana merchant following a two-day jury trial in the United States District Court for the Western District of Louisiana, Lake Charles Division. Salvato v. Boyd Racing, LLC, 2:18-CV-00721 (W.D. La. June 22, 2021).
In this referenced case, the plaintiff sought $23,275,000 in damages for an alleged traumatic brain injury following her trip and fall over an employee’s foot at a Lake Charles casino. Notably, the jury was out for only twenty-three (23) minutes before ruling that the firm’s client was not negligent under Louisiana law.