Kean Miller regularly represents clients in appellate matters. We argue appeals in state and federal court, and have been involved in appeals before the Louisiana Supreme Court, U.S. Courts of Appeals, Louisiana State Courts of Appeals, and other courts of appeal. We have argued appeals for our clients on a broad range of issues, including state and local taxation, commercial and contract litigation, patent infringement, criminal and commercial matters, constitutional issues, and civil rights violations. Our appellate lawyers have prevailed in cases for over 20 years, and we have earned the respect and confidence of local, national, and international clients. Our appellate team has experience in identifying matters appropriate for appeal, arguing before appellate courts and winning appeals.

Whether we are on the offensive or defending a judgment, we maintain our focus on the client’s objective. We have pursued many “first-ever” legal strategies in Louisiana courts and we frequently help create new law in the Bayou state.

Representative Experience

• Representation of major energy company as appellee in a complex petitory action in which a Levee District sought a declaration of ownership of property and recovery of the value of 100% of the minerals produced from the property since 1975. The defendant property owners and mineral lessees asserted that the Levee District's claim was barred by the statute of limitations. The district court ruled that the Levee Board's claim had prescribed and the court of appeal affirmed the district court's ruling.

• Representation of a global energy company and its employee in a personal injury action arising out of a bicycle/automobile collision. The trail court found that the accident was the sole fault of the plaintiff bicyclist and the court of appeal affirmed.

• Representation of a major oil company in a Jones Act case filed by a roustabout who claimed he was injured while working on a spar platform. The court granted summary judgment in favor of the defendants finding that plaintiff was an independent contractor and the platform owner was not liable for any negligence on the part of the contractor. The court of appeal affirmed the judgment in favor of our client.

• Representation of a consumer finance company in appellate briefs to the United States Fifth Circuit Court of Appeals with regard to removal issues in numerous cases filed by consumers against our client arising out of consumer loans.

• Representation of tool manufacturer in a significant products liability case before the United States Fifth Circuit Court of Appeals. While using a pneumatic brad nailer, the plaintiff was injured when a nail ricocheted off of the work surface. The district court granted our client's summary judgment motion on the ground that the plaintiff did not satisfy his burden of proving the "risk/utility" element of a defective design claim under the Louisiana Product Liability Act. The United States Fifth Circuit affirmed the ruling.

• Representation of a major petrochemical company in the Louisiana Supreme Court in landmark class action decision that limits the ability of class claimants from claiming that multiple sources of air discharges caused them long term exposure damages.

• Representation of a major petrochemical company for property damages and resulting defense of personal injury claims resulting form a catastrophic fire due to a construction error.

• Representation of a chemical manufacturing company in a class action case involving long-term exposure to chemicals from a site that was placed on the NPL.

• Representation of an applicant before the Louisiana Supreme Court for a hazardous waste site permit in a landmark Louisiana case involving the interpretation of the Louisiana Environmental Control Act.

• Representation of a manufacturer in a defective product claim resulting in significant property damage to apartment complex.

• Representation of Exxon Pipeline Company in Exxon Pipeline Company v. Price LeBlanc, et al. We represented the appellant on appeal of a just compensation award in an expropriation (eminent domain) suit. We convinced the Louisiana Supreme Court to reduce the just compensation award and to reject the landowner's attempts to establish a "pipeline corridor theory" as a basis for comparables in valuation of the right of way taken.

• Representation of the appellee on appeal in a wrongful death suit that alleged vicarious liability and negligence against our client, the employer of the defendant, who died during an accidental shooting on a hunting trip. The Louisiana Supreme Court upheld the granting of Motion for Summary Judgment in favor of our client.

• Successful defense of the owner of a vessel against a claim that it violated the terms of a contract for a right of first refusal. We convinced the court in a motion for summary judgment that the plaintiff would not be able to prove that our client violated the terms of the contract if a trial would have been held.

• Representation of an appellant before the United States Fifth Circuit Court of Appeals. We convinced the Fifth Circuit to reverse the trial court decision in a case involving a claim for repayment of funds used as part of a corporate financing arrangement.

• Representation of the Louisiana Department of Labor, the appellee, in a federal constitutional challenge to the assessment mechanism that funds the Second Injury Fund within the Office of Workers Compensation.

• Obtained reversal of a $250,000 judgment against a local municipality under the difficult manifest error standard by convincing the court of appeal that the inconsistencies in the plaintiff's story that his fall at an old warehouse on the city's property caused his serious back injury rendered his testimony unreliable and not trustworthy.

• Successfully defended a case at the United States Supreme Court against a local municipality and several police officers involving claims of federal conspiracy.