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Tod J. Everage

Partner

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 Offshore Energy and Maritime Litigation Practice Group. Tod’s practice primarily involves representing oil and gas operators (offshore, midstream, and onshore) and their service providers and contractors in litigation in both state and federal courts. Tod has gained extensive experience representing vessel owners, shipyards, and diesel engine service providers in warranty claims. Tod’s practice also includes assisting clients in contract review, drafting, negotiations, transactional disputes, and general corporate advices. Tod has tried several cases to verdict as well as handled multiple appeals in both state and federal forums. Tod serves as outside general counsel to several oilfield service companies, providing a wide-range of consulting and legal advices to them. Recently, Tod has been involved in advising clients regarding Deepwater Port Act, including drafting and filing applications for a Deepwater Port License to operate an offshore crude export terminal.

Tod is the editor of Kean Miller’s Maritime and Energy E-Bulletin, a quarterly email newsletter updating Kean Miller’s clients on recent court decisions and regulatory updates affecting the Energy and Maritime industries. Tod is also a frequent contributor to Kean Miller’s Louisiana Law Blog. Tod is a member of the firm’s recruiting committee and also holds several board positions outside of the practice of law. 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, 2016-2019 and selected by New Orleans CityBusiness as a 2020 Leadership in Law Award recipient.

Representative Experience- Litigation
  • Trial experience representing offshore supply vessel company in federal bench trial against claims of personal injury due to allegedly negligence vessel operations
  • Trial experience representing shipyard client in federal jury trial on claims of breach of warranty of workmanlike performance, maritime negligence, and breach of contract claims related to vessel refurbishment
  • Trial experience representing diesel engine repairer in federal bench trial on claims of breach of warranty of workmanlike performance and breach of contract
  • 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
  • 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
  • Represented leaseholders before the Louisiana State Energy & Mineral Board
  • Represented leaseholders in contract disputes over ownership of state lease and production platform
  • Experience in maritime attachment and vessel arrest proceedings on behalf of lienholders and vessel owners
  • Obtained summary dismissal of claims against offshore production contractor in federal court, including handling oral argument on appeal at US Fifth Circuit, resulting in dismissal being affirmed by appeal court
  • 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 and additional insured provisions
  • 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 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
Representative Experience- Transactional and Regulatory
  • Serving a legal advisor and representative in the preparation of a Deepwater Port Act License Application filed with MARAD and US Coast Guard to obtain a license to construct, own, and operate an offshore crude oil export terminal
  • Experience in drafting, reviewing, and negotiating Master Service Agreements, Subcontracts, Charter Agreements, Non-Disclosure Agreements, and other vendor contracts related to the oilfield, maritime environment and construction industry
  • Assisted in formation and initial startup of several midstream service companies, as well as provide regular corporate and transactional advices relevant to their businesses
  • Experience negotiating with US Coast Guard related to vessel detentions
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; Texas, 2018; United States District Courts for the Eastern, Middle and Western Districts of Louisiana; United States Court of Appeals, Fifth Circuit; United States District Court for the Southern District of Texas
Memberships
  • New Orleans Bar Association (NOBA), Louisiana State Bar Association (LSBA), American Bar Association (ABA); Federal Bar Association (FBA); Federal Bar Association - Young Lawyers Division – Board of Directors (2015-2019); Young Leadership Council (YLC); Offshore Marine Services Association (OMSA); New Orleans Mariner's Club; Young Pipeline Professionals; Louisiana Dig Law Advisory Committee; Institute for Energy Law (IEL) - Advisory Board Member, IEL Young Energy Professional (YEP) Executive Board - Secretary; YEP Newsletter Subcommittee Member; YEP Programs Committee Co-Chair; IEL Leadership Class Participant (2019-20)
Articles, Presentations, Publications
Community Service
  • Board Member, Institute of Energy Law
  • Board Member, Lafayette Square Conservancy
  • Board Member, Federal Bar Association, Young Lawyers Division
  • Volunteer, Audubon Nature Institute
  • Volunteer, Father Harry Tompson Center
  • SOLACE
Super Lawyers

Tod J. Everage