News & Publications
Louisiana Supreme Court: Claims for Indemnity are not Premature, by Margaret Davis
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.
D’Arcy Vicknair Co-Sponsor of the ABA’s Hospitality Tent at the French Quarter Festival
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!
Jonathan M. Foster Joins D’Arcy Vicknair as an Associate Attorney
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.
Ashley Robinson Article: “Don’t Fumble Privilege – Tips And Recent Case Law To Guard Privilege” Featured in the ABA Fidelity & Surety Newsletter
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.
Andrew Vicknair to Co-present Seminar for the New Orleans Bar Association: Killer Contract Provisions
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:
The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas by Andrew Vicknair
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 Welcomes William Mumfrey to the Team
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.
ABA FSLC Mid-Winter 2024 After Party a Great Success!
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!
Andrew Vicknair to Present at Construction CPM Conference
D’Arcy Vicknair founding partner, Andrew Vicknair, will be presenting “Becoming an Expert Witness. What’s So Difficult” at the upcoming Construction CPM Conference in San Antonio Texas. …
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D’Arcy Vicknair Attorneys Designated as 2024 Super Lawyers, with Significant Honors to Adrian D’Arcy
D’Arcy Vicknair is proud to announce that Adrian D’Arcy, Andrew Vicknair, and Ashley Robinson have all been designated as 2024 Super Lawyers!
Andrew Vicknair has been again selected to 2024’s Super Lawyers in the fields of Construction Litigation and Intellectual property, and Ashley Robinson has been again selected to 2024’s Super Lawyers in the fields of Construction Litigation and Land Use & Zoning.
While Adrian D’Arcy has been again selected to 2024’s Super Lawyers in the fields of Surety and Construction Litigation, he has additionally been designated by Super Lawyers as one of the Top 50: New Orleans Super Lawyers, and one of the Top 50: Louisiana Super Lawyers. Finally, Adrian has achieved the ten year milestone with Super Lawyers, having been nominated and selected as a Super Lawyer for his tenth straight year.
Congratulations to Adrian, Andy and Ashley!
The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence by Andrew Vicknair
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence.