Hailey McNamara Hall Larmann&Papale, LLP - Attorneys at Law
   		  

W Evan Plauché



E-MAIL: evan_plauche@haileymcnamara.com
W. EVAN PLAUCHÉ Date of Birth: May 20, 1957 Email: evan_plauche@haileymcnamara.com eplauche@haileymcnamara.com eplauche@hmhlp.com LEGAL EXPERIENCE 1991- Present Hailey, McNamara, Hall, Larmann & Papale, New Orleans, LA (Managing Partner) (1) Civil Defense Litigation (a) Representation of Insurance clients State Farm, Liberty Mutual, Home, Travelers, Trans America, Underwriters (Lloyds), General Accident, Zurich, Unionamerica, Sphere Drake, Infinity, First Financial, American Mutual, K & K Insurance, North American Specialty, ESIS, Reliance National, Reliance Insurance Company, AIG., Kemper, Allstate, Fireman's Fund, First Financial, TIG, Odyssey Re, Voyager Indemnity, National Claims, Clarendon, MetLife, York, Great West Casualty Company, etc. (b) Representation of Corporate clients Avondale Industries, Textron, Inc., Homelite, Inc., Henkels & McCoy, Inc., Lockheed Martin , Roadway Express, Intermedics, Sulzermedica, Walgreens, Eckerd, Taco Bell, Pizza Hut, PepsiCo, Burger King, McDonalds, B.F. Goodrich, Tambrands, Enterprise Rent-A-Car, McFrugals, Valspar Corp., Flintkote Co., Jacobson, RPS Inc., Ransomes Inc., Rite Aid Corp., Ansell, The Shaw Group, Nucleus Ltd., Energen Inc., Total Inc., Total-Minatome Corp., Energen Resources MAQ, Inc., Enterprise Inc., Insituform Inc., Red Simpson Inc., Cushman Inc., FedEx, Penske, The Waggoners Trucking, Marten Transport, Trail King Industries, Tour Truck Lines, Inc., Texas Star Express, Regal-Beloit Corporation, Jim Walter Homes, Haynes Motor Line, Fleet Car Carrriers, Empire Truck Lines, etc. (c) Representation of Others Louisiana Insurance Guaranty Association (Lead Trial Attorney for complex environmental litigation) (d) Areas of Practice - (listed alphabetically) Casualty, coverage defense, construction, dealer defense, director and officer defense, employment, environmental personal injury, environmental property damage, intellectual property, insurance coverage, maritime, oil field related defense, product liability, professional liability and transportation, and property. (e) Specialty Areas of Practice - (listed alphabetically) (i) Casualty Defense of Claims in diverse areas of insurance defense including premises liability, property damage, pharmaceutical malpractice, food born illness, criminal acts, power line electrocutions, automobile defense, trucking defense, uninsured motorist defense, redhibition claims, civil DWI, transportation, interstate and common carriers, warehousemen, garage keepers, personal injury, cargo and physical damage litigation, fire cause and origin, etc. (ii) Coverage Defense Representation of insurers in all types of coverage litigation. (iii) Construction Defense of claims involving construction defects, building defects, contractor and subcontractor errors, architect and engineer errors and omissions, building disputes, indemnity claims. (iv) Dealer defense Defense of claims arising from auto dealer operations including casualty, employment, uninsured motorist, redhibition claims, personal injury claims, property damage, physical damage, federal truth in lending, Fair Debt Collection Practices Act, Louisiana Unfair Trade Practices Act and Fair Trade Practices Act, the Magnum-Moss Act and coverage litigation involving garage keeper and warehouseman's policies, etc. (v) Director and Officer defense Defense of directors and officers in federal and state chartered financial institution claims in receivership actions and in asbestos tort litigation. (vi) Employment Defense of claims involving sexual discrimination, race discrimination, age discrimination, medical disability, HIV AIDS discrimination, wrongful termination, etc. (vii) Environmental - personal injury Defense of Fen-Phen litigation, Tampax toxic tort litigation, asbestos personal injury litigation, asbestos property damage litigation, and other toxic tort litigation including: lead, solvents, paints, chemicals, aluminum, silica, benzene, etc. (viii) Environmental - property damage Defense of litigation involving Superfund, Clean Air Act, Clean Water Act, hazardous waste, hazardous waste disposal, solid waste disposal, landfills, property contamination, property assessments, permits, regulatory matters, etc. (ix) Insurance coverage Preparation of coverage opinion letters, coverage evaluations, policy evaluations and prosecution and defense of declaratory judgment actions involving insurance coverage issues, preparation of reservation of rights letters, denial of coverage letters and defense of insurers in coverage claims and direct actions claims. (x) Intellectual property Defense of claims involving advertising injury, trade secrets, trademark infringement, software piracy, unfair tradepractices, defamation and invasion of privacy, etc. (xi) Maritime Defense of litigation including Jones' Act, Longshore Harbor Workers' Compensation Act, vessel cargo claims, maritime pollution claims under the Oil Pollution Act, vessel charter contract litigation, general maritime law claims, etc. (xii) Oil field related defense Defense of claims involving oil and natural gas pipelines, refinery and chemical plant explosions, pipeline failures, tanker failures, well blowouts, oil field construction defects, oil field anti-indemnity act claims, oil field environmental contamination claims, maritime related oyster lease damage, oil field vessel damage, reservoir claims, etc. (xiii) Product liability Defense litigation involving products such as chain saws, circular saws, weed eaters, brush cutters, lawn mowers, ZTO mowers, miter saws, meat grinders, commercial turf mowers, automobiles, trucks, cranes, recreational vehicles, bicycles, automobile electrical and mechanical components, pace maker leads, prosthetic devices, latex gloves, artificial hip joints, paints, solvents and other chemicals, etc. (xiv) Professional Liability Defense of claims brought against professionals including attorneys, architects and engineers, etc. (xv) Transportation Defense of claims involving trucking and transportation interests including personal injury, property damage, uninsured motorist defense, interstate and common carriers, cargo and physical damage litigation, vehicle fire causing origin, vehicle product failures, toxic exposure, environmental property damage, hazardous waste spills, etc. (xvi) Property First party claims, extra contractual claims, bad faith, insurance coverage, insurance defense, SIU, catastrophe claims, hurricane litigation, flood claims, unfair trade claims, insurance code violations, valued policy law claims, etc. EDUCATION 1988 Loyola University School of Law, New Orleans, LA Juris Doctor of Law Program Academic standing: Top 25% Activities: Student Bar Association Class Representative Phi Delta Phi Legal Fraternity CASA (Court Appointed Special Advocate) Representative Loyola Curriculum Committee Student Representative 1981-1982 University of New Orleans, New Orleans, LA Masters of Business Administration Studies 1977-1979 Tulane University, New Orleans, LA Bachelor of Science in Mechanical Engineering Academic standing: Top 25% Activities: Pi Tau Sigma Honorary Engineering Fraternity American Society of Automotive Engineers Award 1975-1977 Louisiana State University, Baton Rouge, LA Mechanical Engineering Studies OTHER EXPERIENCE 1988-1991 Legal Coordinator - McDermott Inc., New Orleans, LA Substantive areas of legal experience include: U.S. environmental law including Superfund legislation, Toxic Tort lawsuits, and environmental insurance coverage, contract drafting and negotiation; license agreements; lease agreements; vessels sales and charter agreements; Bowaters corporations; U.S. Coastwise Trade laws; Other areas of specialized experience include: the Outer Continental Shelf Lands Act, The U.S. Immigration and Nationality Act, and the Uniform Commercial Code sales provisions. 1986-1988 Project Engineer - McDermott Inc., New Orleans, LA. Project engineering responsibility in design and construction of offshore platforms and large vessels used in the offshore petroleum industry. Responsibilities included: budget preparation, project estimating, scheduling, supervision and design and construction personnel, proposal preparation and contract negotiation. Projects included: negotiations with governmental authorities of the United Kingdom and the Republic of Norway for permits to operate foreign vessels and construction equipment in sovereign territorial waters; contract negotiations with Phillips Petroleum Co., for installation of the Water Injection platform to be installed in the Norwegian sector of the North Sea; administration of the Phillips Petroleum Co. contract (Oslo, Norway). 1983-1986 Marine Engineer - McDermott Inc., New Orleans, LA Construction supervision and design of large vessels, cranes and equipment used in the offshore petroleum industry. Responsibilities included design of mechanical systems, supervision of fabrication planing, coordination of maritime agency approvals, and supervision of construction. Extensive experience with vessel construction and operation standards of the United States (American Bureau of Shipping, United States Coast Guard), the United Kingdom (British Departments of Energy and Transportation, Lloyd's) and Norway (Norwegian Petroleum and Martime Directorates, Det Norski Veritas). 1979-1983 Mechanical Engineer - McDermott Inc., New Orleans, LA Construction supervision and design of fixed offshore platforms and structures utilized in the petroleum industry. Projects included: design, fabrication, installation, startup, and commissioning of the BHN Process Platform for the Oil and Natural Gas Commission of India (Dubai, United Arab Emirates and Bombay, India); mechanical design of Living Quarters for Arco Indonesia; mechanical design of a Water Injection Platform for Gulf Oil Nigeria. 1975-1977 "Roughneck" - Texaco Oil Co., Houma, LA Summer employee during college training, offshore employment drilling rigs and production facilities. ADMISSION TO PRACTICE All district courts and lower courts in the State of Louisiana, Louisiana Supreme Court, Louisiana Courts of Appeal (all), United States District Court for the Eastern, Middle and Western District of Louisiana (all). All district and Chancey Courts in the State of Mississippi, Mississippi Supreme Court, Mississippi Courts of Appeal, United States District Court for the Northern District of Mississippi and United States District Court for the Southern District of Mississippi OTHER ACTIVITIES -Residential construction contracting -Historic rehabilitation -Investment property acquisition, management and development -Automobile repair restoration and reconstruction MEMBERSHIPS -Defense Research Institute -Louisiana Association of Defense Counsel -Federal Bar Association -American Bar Association -New Orleans Bar Association -Louisiana State Bar Association -Association for Transportation Law, Logistics and Policy -Federation of Insurance and Corporate Counsel -American Society of Mechanical Engineers -Pi Tau Sigma Honorary Engineering Society -Trucking Industry Defense Association -Mississippi Bar Association HONORS/AWARDS - 2007 Louisiana Super Lawyer as designated by the trade journal Law and Politics, Louisiana Life Magazine and St. Charles Avenue Areas of Practice - Generally Casualty, construction, dealer defense, director and officer defense, employment, environmental personal injury, environmental property damage, intellectual property, maritime, oil field related defense, product liability, professional liability and transportation. Insurance Defense of Claims in diverse areas of insurance defense including premises liability, property damage, pharmaceutical malpractice, food born illness, criminal acts, power line electrocutions, automobile defense, trucking defense, uninsured motorist defense, redhibition claims, civil DWI, transportation, interstate and common carriers, warehousemen, garage keepers, personal injury, cargo and physical damage litigation, fire cause and origin, etc. Construction Defense of claims involving construction defects, building defects, contractor and subcontractor errors, architect and engineer errors and omissions, building disputes, indemnity claims. Dealer defense Defense of claims arising from auto dealer operations including casualty, employment, uninsured motorist, redhibition claims, personal injury claims, property damage, physical damage, federal truth in lending, Fair Debt Collection Practices Act, Louisiana Unfair Trade Practices Act and Fair Trade Practices Act, the Magnuson-Moss Act and coverage litigation involving garage keeper and warehouseman's policies, etc. Director and Officer defense Defense of directors and officers in federal and state chartered financial institution claims in receivership actions and in asbestos tort litigation. Employment Defense of claims involving sexual discrimination, race discrimination, age discrimination, medical disability, HIV AIDS discrimination, wrongful termination, etc. Environmental - personal injury Fen-Phen litigation, Tampax toxic tort litigation, asbestos personal injury litigation, asbestos property damage litigation, and other toxic tort litigation including: lead, solvents, paints, chemicals, aluminum, silica, benzene, etc. Environmental - property damage Defense of litigation involving Superfund, Clean Air Act, Clean Water Act, hazardous waste, hazardous waste disposal, solid waste disposal, landfills, property contamination, property assessments, permits, regulatory matters, etc. Intellectual property Defense of claims involving advertising injury, trade secrets, trademark infringement, software piracy, unfair trade practices, defamation and invasion of privacy, etc. Maritime Defense of litigation including Jones’ Act, Longshore Harbor Workers’ Compensation Act, vessel cargo claims, maritime pollution claims under the Oil Pollution Act, vessel charter contract litigation, general maritime law claims, etc. Oil field related defense Defense of claims involving oil and natural gas pipelines, refinery and chemical plant explosions, pipeline failures, tanker failures, well blowouts, oil field construction defects, oil field anti-indemnity act claims, oil field environmental contamination claims, maritime related oyster lease damage, oil field vessel damage, reservoir claims, etc. Product liability Defense litigation involving products such as chain saws, circular saws, weed eaters, brush cutters, lawn mowers, ZTO mowers, miter saws, meat grinders, commercial turf mowers, automobiles, trucks, cranes, recreational vehicles, bicycles, automobile electrical and mechanical components, pace maker leads, prosthetic devices, latex gloves, artificial hip joints, paints, solvents and other chemicals, etc. Professional Liability Defense of claims brought against professionals including attorneys, architects and engineers, etc. Transportation Defense of claims involving trucking and transportation interests including personal injury, property damage, uninsured motorist defense, interstate and common carriers, cargo and physical damage litigation, vehicle fire causing origin, vehicle product failures, toxic exposure, environmental property damage, hazardous waste, etc.

AREAS OF PRACTICE: Product Liability Litigation; Environmental & Toxic Tort Liability Litigation; Environmental Regulatory; Insurance Coverage; Pharmaceutical Malpractice Litigation; Transportation Litigation; General Casualty Litigation; General Corporate; Admiralty & Maritime Law; Longshore and Harbor Worker's Compensation Act Defense; Workers Compensation Litigation; Jones Act Litigation; Professional Liability Litigation; Intellectual Property Litigation; Employment Practices Liability Litigation; Director and Officer Litigation; Automobile Dealer Litigation; Construction Litigation; Automotive Casualty Litigation; Automobile Liability; Automobile Liability Defense; Automobile Liability Litigation; Bad Faith and Extra Contractual Litigation; Business and Corporate Consultants and Litigation; Casino Liability Litigation; Casualty Defense with the emphasis on jury trials; Class Action Litigation; Commercial Litigation; Complex Wrongful Death Actions; Environmental and Toxic Tort Litigation; Environmental Fire and Arson Litigation; General Civil Litigation; Hazardous Waste Liability Litigation; Insurance Agents and Brokers Errors and Omissions; Insurance Contract Analysis and Interpretation; Insurance Coverage Litigation; Insurance Fraud Litigation; Insurance Law; Legal Malpractice Defense Litigation; Legal Malpractice Litigation; Pharmaceutical Malpractice Defense Litigation; Premises Liability; Premises Liability Defense; Premises Liability Litigation; Products Liability; Professional Liability Litigation; Professional Malpractice Liability Litigation; Trucking Liability Litigation; Worker's Compensation Litigation; Architects and Engineers E&O Defense 		 
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