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Tod J. Everage

Direct: 504.585.3052
 Fax: 504.585.3051

tod.everage@keanmiller.com
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Tod Everage is a partner in the New Orleans office of Kean Miller. He joined the firm in 2011 and practices in the Maritime and Oil & Gas litigation groups. Tod’s experience also includes assisting clients in contract drafting, negotiations, and disputes, as well as general corporate matters. Tod is the editor of Kean Miller’s Maritime and Energy E-Bulletin, a quarterly email newsletter updating Kean Miller’s clients on recent litigation and regulatory events relevant to the Energy and Maritime industry. Tod is also a frequent contributor to Kean Miller’s Louisiana Law Blog. At his prior firm, Tod practiced in the area of Commercial Litigation, representing banks and lending institutions.

Tod has been listed as a Rising Star by Louisiana Super Lawyers, 2016-2018.

Representative Experience

  • Successfully defended shipyard client in federal jury trial on claims of breach of warranty of workmanlike performance
  • Successfully defended diesel engine repairer in federal bench trial on claims of breach of warranty of workmanlike performance
  • Represented leaseholder in matter before the Louisiana State Energy & Mineral Board
  • Represented leaseholder in contract dispute over ownership of state lease and production platform
  • Experience in maritime attachment and vessel arrest proceedings both as lienholder and as vessel owner
  • Trial experience representing property owners in challenge to local zoning ordinances
  • Trial experience representing home owners in petitory action dispute, involving issues of acquisitive prescription and allegations of precarious possession
  • Trial experience representing offshore oil platform owner in litigation and jury trial against wrongful death and personal injuries claims associated with offshore explosion and fire
  • Obtained summary dismissal of claims against offshore platform owner against allegations of premises liability in maritime personal injury suit
  • Obtained summary dismissal of custom boat builder against allegations of products liability in serious maritime death case
  • Obtained summary dismissals of oil companies both onshore and offshore asserting independent contractor defense in various personal injury cases
  • Experience litigating and negotiating contractual disputes involving defense and indemnity issues
  • Experience representing 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 allisions, personnel basket transfers and other issues, including analysis of defense and indemnity issues under relevant contracts
  • Experience in representing 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)
  • Experience in representing vessel owners, manufacturers, and shipyards in catastrophe casualty claims in products liability, property damage, and vessel allision and collision cases
  • Experience in drafting, reviewing, and negotiating Master Service Agreements, Subcontracts, Charter Agreements and other vendor contracts related to the oilfield, maritime environment and construction industry
  • Experience representing pipeline owners in disputes over servitudes (right-of-ways), pipeline damages, contractual disputes
  • Experience in preparing and arguing federal and state court appeal briefs and arguments

Education

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.

Admissions

  • Admitted, Louisiana, 2009; United States District Courts for the Eastern, Middle and Western Districts of Louisiana; United States Court of Appeals, Fifth Circuit

Memberships

  • 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; Young Pipeline Professionals; Dig Law Advisory Committee; Institute of Energy Law (IEL) - Young Energy Professional (YEP), Newsletter Subcommittee

Articles, Presentations, Publications

Community Service

  • Board Member, Lafayette Square Conservancy
  • Board Member, Federal Bar Association, Young Lawyers Division
  • Volunteer, Audubon Nature Institute
  • Volunteer, Father Harry Tompson Center
  • SOLACE

Reported Cases

  • Mays v. Chevron, 163 F. Supp.3d 362 (W.D. La. 2/23/16)
  • Mays v. Chevron Pipe Line Co., 2016 WL 0900575 (W.D. La. 3/2/16)
  • One Beacon Ins. Co. v. Blanchard Contractors, Inc., 2014 WL 12539341 (E.D. La. 5/2/14)
  • Tajonera V. Black Elk Energy Offshore Operations, LLC, 16 F. Supp. 3d 755 (E.D. La. 4/18/14)
  • 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)

Super Lawyers