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D’Arcy Vicknair is proud to announce that two of its attorneys, Adrian D’Arcy and Norman Mott, again have the honor of teaching at Loyola College of Law this Fall. They are both excited to impart their expertise in their respective practices to the students of Loyola’s College of Law.
Adrian is teaching a class in Construction and Surety law and Norman is teaching Labor law.
D’Arcy Vicknair is proud to announce that its founding partners, Adrian D’Arcy and Andrew Vicknair, and Special Counsel Ashely Robinson, have been recognized as “Best Lawyers,” along with associate Margaret Davis being recognized as “One to Watch” in the 2025 edition of The Best Lawyers in America®. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. Congratulations to all for this honor!
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: What Every Project Participant Needs to Know About Delay Claims.
Louisiana Supreme Court Clarifies that Third Party Demands and Cross Claims for Indemnity are Not Premature Before a Decision on the Main Demand, by Margaret N. Davis
On Friday, the Louisiana Supreme Court issued a written opinion in Daniel Bennett v. Demco Entergy Services, LLC et. al., No. 2023-CC-01358 (5/10/24) finally settling an important conflict in Louisiana law. The Court found that cross claims for contractual indemnity and defense are not premature when they are asserted before liability is determined in the main demand. For several years, a circuit split emerged based on several Louisiana Supreme Court decisions that led courts in some circuits to find that cross claims for indemnity were premature before liability was determined. In the construction context, this frequently led to harsh consequences for general contractors, because while they waited for liability to be determined in the main demand, their indemnity cross claims against subcontractors were perempted (dead or unactionable) after five years under La. R.S. 9:2272. In short, cross claims could be premature during the five-year limit and perempted after the five-year limit.
The annual French Quarter Festival took place this past weekend in New Orleans. Billed as the largest free music festival in the South, the French Quarter Festival attracts hundreds of thousands of people over four days. This year, coinciding with the Festival, was the American Bar Association’s Forum on Construction Law Annual Meeting in New Orleans. Along with its esteemed co-sponsors, D’Arcy Vicknair joined with the ABA to sponsor a private hospitality tent at the Festival for all attendees of the Forum. Inside the tent were beverages, private restroom facilities, and a festival guide to answer questions and give directions to different attractions and stages. The hospitality tent was a great success and D’Arcy Vicknair was proud to be a part of it!
D’Arcy Vicknair is happy to announce Jonathan M. Foster has joined the firm as an associate attorney. Jonathan’s primary practice areas include construction litigation and surety litigation. Prior to joining D’Arcy Vicknair, Jonathan clerked for Judge Robin M. Giarrusso and Judge Lori Jupiter at Orleans Parish Civil District Court. Jonathan is also an adjunct professor at Tulane School of Professional Advancement, teaching Litigation II (Civil Procedure) classes to current and future paralegals.
D’Arcy Vicknair is eager to see Jonathan’s litigation experience and civil procedure knowledge in action as a new member of the team.
D’Arcy Vicknair Special Counsel, Ashley Robinson, authored an article, “Don’t Fumble Privilege – Tips and Recent Case Law to Guard Privilege” that was recently featured in the American Bar Assocaition’s Fidelity & Surety Newsletter.
On Wednesday, April 10, 2024, D’Arcy Vicknair founding partner, Andrew Vicknair will co-present a seminar for the New Orleans Bar Association’s Construction Law Committee: Killer Contract Provisions. Along with co-presenters Daniel Lund, III, Shailendra “Shay” Kulkarni and Roger Nelson, Andy will delve into the critical aspects of construction contracts, focusing on identifying and understanding the provisions that can make or break a project. Click on the picture below to register:
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas.
D’Arcy Vicknair is pleased to announce William D. Mumfrey has joined the firm as an associate attorney. William’s primary areas of practice are construction and surety litigation. Prior to joining D’Arcy Vicknair, William interned for the Honorable Edwin Lobmard, judge for the Fourth Circuit Court of Appeal of Louisiana. William had also become licensed as a Certified Public Accountant for the State of Louisiana. With his background as a CPA, William brings accuracy, attention to detail, and problem solving to the practice of construction and surety litigation.
D’Arcy Vicknair is excited to see the strides William will take with the firm.
D’Arcy Vicknair, along with co-sponsors/co-hosts Krebs Farley, Loewke Brill Consulting Group, Inc., Nicholson Professional Consulting, Simon Peragine Smith & Redfearn, LLP, Beacon Consulting Group, Inc., Ernstrom & Dreste, LLP, Jennings Haug Keleher McLeod, Bovis Kyle Burch & Medlin, LLC, Watt Tieder Hoffar & Fitzgerald, LLP, Dry Law, PLLC, Phelps Dunbar, LLP, Adams and Reese, LLP, Clyde & Co., Inc., and VERTEX put on a fantastic After Party for this year’s ABA FSLC mid-winter meeting. A great time was had by all as everyone enjoyed good drinks, good food, good music, and good company. We’ll see you next year!