Tod Everage is an associate in the New Orleans office of Kean Miller. He joined the firm in 2011 and practices in the litigation group. Tod's past experience includes consumer finance litigation and banking defense. He also has experience in antitrust and motor vehicle cases. Currently, he practices in the admiralty and maritime, energy and corporate litigation groups.
Tod is listed as a Rising Star by Louisiana Super Lawyers, 2017.
- Obtained defense verdict at trial for diesel engine repair company against allegations of breach of implied warranty of workmanlike performance.
- Obtained summary judgment for and dismissal of offshore platform owner against allegations of premises liability in maritime personal injury suit.
- Obtained summary judgment for and dismissal of custom boat builder against allegations of products liability in serious maritime death case.
- Obtained summary judgments for oil companies both onshore and offshore asserting independent contractor defense in various personal injury cases.
- Assisted in the representation of offshore oil and gas platform owners and operators in defense of personal injury claims and in prosecution of property damage claims associated with well blowouts, vessel allusions, personal basket transfers and other issues, including analysis of defense and indemnity issues under relevant contracts
- Assisted in the representation of various drilling companies and oil companies in lawsuits filed by offshore workers based on the Jones Act, General Maritime Law, Louisiana state law and the Longshore and Harbor Workers' Compensation Act (LHWCA)
- Assisted in the representation of vessel owners and manufacturers in catastrophe casualty claims in products liability and vessel allision cases
- Assisted in the representation of vehicle rental companies on defense of car accident personal injury claims
- Multiple representations of mortgage lenders and servicers in foreclosure and general lending disputes
- Assisted in the representation of automobile manufacturer in dealership dispute
- Assisted in the advisement of a new joint venture on antitrust issues
Tod earned his B.S. in Biology from Louisiana State University in 2004. He earned his J.D., cum laude, from the Loyola University New Orleans College of Law in 2009, and was a William L. Crowe Scholar. While at Loyola, Tod served as an advocate, coach and later Executive Board member in the Loyola Trial Advocacy Program.
- Admitted, Louisiana, 2009; United States District Courts for the Eastern, Middle and Western Districts of Louisiana; United States Court of Appeals, Fifth Circuit
- New Orleans, Louisiana State and American and Federal Bar Associations (Young Lawyers Division); Young Leadership Council; Offshore Marine Services Association; New Orleans Mariner's Club
- Board Member, Lafayette Square Conservancy
- Board Member, Federal Bar Association, Young Lawyers Division
- Volunteer, Audubon Nature Institute
- Volunteer, Father Harry Tompson Center
Articles, Presentations, Publications
- Helpful Information for FEMA Aid and Flood Claims, Louisiana Law Blog, August 16, 2016
- Update: Fights Continue Over the Availability of Punitive Damages In Maritime Cases, Louisiana Law Blog, April 25, 2016
- Non-Signatories to Master Service Agreement Can Benefit from Louisiana's Statutory Employer Defense Says U.S. Fifth Circuit, Louisiana Law Blog, April 11, 2016
- Fights Continue Over the Availability of Punitive Damages in Maritime Cases, Louisiana Law Blog, December 21, 2015
- Failure by One Plaintiff (Out of Four) in Consolidated Litigation to Adequately Plead Admiralty Jurisdiction Lost Bench Trial for All, Louisiana Law Blog, March 30, 2015.
- 11th Circuit Rejects Long-Standing 5th Circuit Barbetta Rule Thereby Allowing Passengers to Sue Shipowners for the Negligence of its Medical Staff, Louisiana Law Blog, December 10, 2014.
- U.S. Fifth Circuit Holds that OCSLA Removal is Proper in Maritime Cases, Louisiana Law Blog, May 2013
- Fifth Circuit Clarifies and Reiterates its Standard for "Course and Scope of Employment" Under Jones Act, Louisiana Law Blog, November 2012
- Kevin Gros Marine, Inc. v. Quality Diesel Service, No. 11-2340, 2013 WL 2404210 (E.D. La. May 31, 2013)
- Matter of Antill Pipeline Construction Co., Inc., No. 09-3646, 2012 WL 6161932 (E.D. La. Dec 11, 2012)
- Theard v. Ankor Energy LLC, No. 11-2293, 2012 WL 1398439 (E.D. La. April 23, 2012)
- Deutsche Bank Nat'l Trust Co. v. Carter, 59 So.3d 1282 (La. App. 5 Cir. 2011)
- Short v. Chrysler Group, LLC, No. 10-117, 2010 WL 4235471 (W.D. La. Oct. 21, 2010)