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Miles P. Clements Partner Phone: (504) 599-8004 Fax: (504) 599-8104 Email: Miles P. Clements vcard | |||||
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PRACTICE AREAS Agricultural & Agribusiness Admiralty & Maritime Commercial Litigation Energy & Environmental Products Liability Construction Law Labor & Employment Casualty & Insurance Defense Patent Litigation Sports Law EDUCATION BAR & COURT ADMISSIONS PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS SEMINARS / SPEAKING ENGAGEMENTS Highest Possible Rating in Both Legal Ability & Ethical Standards - AV Preeminent Peer Rating, Martindale-Hubbell 2006 Leadership In Law Award, Top 50 Lawyers in New Orleans Louisiana Super Lawyer 2007, 2008, 2009 and 2010 | Miles P. Clements is the senior jury trial and complex case litigator of Frilot L.L.C. He serves on the firm's Management Committee, and as Chairman of the Finance Committee, and with George A. Frilot III originally founded the firm in January 1995. In over 30 years of practice, he has successfully litigated business and commercial matters, admiralty and maritime cases, products cases, construction litigation, patent litigation, employment litigation, and energy & environmental litigation. He has tried cases in a number of states from California to New York, and one in Europe. His clients range from closely held to public (NYSE) businesses, insurers, manufacturers, national and international oil and gas producers, vessel owners and operators, and a large agricultural biotechnology company. Mr. Clements has been the lead trial attorney in 70 cases which went to verdict/judgment, and hundreds of others which resolved prior to judgment. He has appeared and argued before the intermediate appellate courts of Louisiana and the Louisiana Supreme Court, the U.S. Fifth Circuit Court of Appeals, the U.S. Sixth Circuit Court of Appeals and the U.S. Court of Appeals for the Federal Circuit. His successful representation of individuals and companies in a broad range of cases locally and nationally, his trial skills, and his strong commitment to the New Orleans community have earned Mr. Clements a reputation as a leader in the field of law. In 2006, he received the Leadership in Law Award New Orleans Top 50 attorneys. He has been recognized as a Louisiana Super Lawyer, 2007, 2008, 2009 and 2010. He is listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (rated highest in legal ability and ethical standards). Mr. Clements attended Tulane University, having earned a four-year football scholarship. He received his liberal arts undergraduate degree in 1976, and then attended Tulane University School of Law from which he graduated in 1979. Mr. Clements' primary community involvement has been as a member of the Allstate Sugar Bowl. He represented the Sugar Bowl as an Officer through the five formative years which led to the creation of the Bowl Championship Series, and the Sugar Bowl's prominence as one of only four BCS bowls. He served as President of the Sugar Bowl the year of its first BCS National Championship (2000), and was Chairman of the Executive Committee from 2001-2002. He followed with ten years of service on the Board, during which he chaired the Sugar Bowl's Membership Committee and several other committees. Mr. Clements has also led the firm's Community Outreach Committee, including its endeavors for Habitat for Humanity. REPRESENTATIVE EXPERIENCE: Mr. Clements served as lead trial counsel in the following matters. Mr. Clements represented ION Geophysical Corp., and its corporate predecessors, against a battery manufacturer in a commercial dispute arising out of the misappropriation of ION's design for high-capacity power sources for its survey positioning devices in the oil and gas exploration industry. After a two-week jury trial ending in October 2009 in Gretna, Louisiana, the jury rendered a verdict for ION, for fraud, violation of the Louisiana Unfair Trade Practices Act and breach of contract, and awarded damages of $21,733,411 (growing to over $33,000,000 with accrued legal interest and attorneys fees). Mr. Clements was first retained by ION in 2007, shortly after ION's case had been dismissed summarily by the District Judge. Mr. Clements successfully handled the appeal, obtained a reversal and reinstatement of the case, and after remand tried the case to a conclusion. Input/Output, Inc., et al v. Wilson Greatbatch Technologies, Inc., et al, (24th JDC, Parish of Jefferson). In 2009, Mr. Clements represented Monsanto Company in claims for patent infringement and seed piracy against a grower who misappropriated patented technology over a three-year period. The case was tried in Bankruptcy Court for the Northern District of Iowa, where the debtor sought protection. The Court entered Judgment in favor of Monsanto, found the grower guilty of intentional infringement and awarded compensatory damages, exemplary damages, attorneys'fees, costs and injunctive relief. The Court sustained Monsanto's position that the Judgment for infringement was non-dischargeable. Monsanto Company, et al v. Ronald John Roeder, (U.S. Bankruptcy Court, N.D. Iowa). Mr. Clements has represented Monsanto Company in patent infringement and seed piracy jury trials in Louisiana, Arkansas, Oklahoma, Iowa, Tennessee, and North Carolina, and in bench trials in Indiana and Alabama. Mr. Clements was trial counsel in the first such case brought by Monsanto in a jury trial in Monroe, Louisiana in 1999. In a case of first impression, Mr. Clements successfully established Monsanto's patented transgenic cotton seed technology. The jury awarded damages in the form of a reasonable royalty twenty times the normal royalty, and the Court awarded all costs, attorneys'fees, and exemplary (double) damages. Monsanto Company v. Thomason, et al., U.S.D.C., W.D. La. (Monroe) 2000 WL 34504930, Sept. 11, 2000. Mr. Clements formulated the litigation model subsequently used in trials throughout the country in which Monsanto's patent rights in a number of its transgenic seed products were successfully enforced. Reported decisions include Monsanto Company v. Thomason, USDC W.D. La., 2000 W.L. 34504930, 9/11/2000; In Re: Wood, 309 B.R. 745 (Bankr. W.D. Tenn. 4/14/2004); Monsanto Company v. Trantham, 156 F.Supp. 2d 855 (W.D. Tenn. 2001), In Re: Trantham, 304 B.R. 298 ((6th Cir. BAP (Tenn.) 1/30/2004)); Monsanto Company v. Parr, 542 F.Supp. 2d 836 (N.D. Ind. 2008); Monsanto Company v. Roeder, 2009 W.L. 4907014 (U.S. Bankruptcy Ct., N.D. Iowa). Mr. Clements has successfully handled numerous commercial litigation matters. He has represented a large commercial bank in loan default cases in several states involving mortgage brokers, escrow agents, appraisers, closing agents, and borrowers. Mr. Clements has also handled matters for property owners, joint venturers, developers and businesses. The range of claims he has litigated also include commercial leases, construction matters, insurance coverage, and numerous other commercial issues. Mr. Clements represented Chevron U.S.A. Inc. in a complex jury trial matter against four domestic contractors and a foreign manufacturer in a matter involving construction, products liability, contracting and jurisdictional issues. After a ten-day trial, the jury returned a multi-million dollar verdict for plaintiff, Chevron. Attorneys' fees were also awarded Chevron against two defendants. Chevron USA Inc. v. Aker Maritime, Inc., et al., No. 03-2027, 2008 WL 594650 (E.D. La. Jan. 2, 2008). Mr. Clements has handled numerous refinery claims, personal injuries and construction disputes in state and federal courts in New Orleans, for two major oil refineries located in Meraux and Chalmette, Louisiana. Mr. Clements represented the world's largest maritime company operating in the offshore oil industry, in a major maritime catastrophe in which a manned derrick barge struck a fixed production platform during a storm in the Gulf of Mexico, catching both on fire. Mr. Clements established a concursus in Federal Court resulting in the consolidation of dozens of claims for personal injury, property damage and loss of production. The litigation was maintained on a fast track and following a series of back-to-back jury and bench trials, all claims were resolved in approximately 18 months. In Re: TT Boat Corp., et al., No. 98-494, 1999 WL 223165 (E.D. La. Apr. 14, 1999). Mr. Clements represented Tidewater Inc. in a maritime personal injury claim brought by a crewman who suffered severe injuries and multiple surgeries. A three-week jury trial was conducted in Civil District Court, Parish of Orleans. Mr. Clements defended against a team of trial attorneys, led by the late Wendell H. Gauthier, who was featured in the New York Times during the trial in an article reporting that two mock juries during pre-trial preparations had both rendered (mock) verdicts of $20,000,000 each in favor of plaintiff. After three weeks, the actual jury returned a verdict in favor of plaintiff, but found him 75% at fault and awarded only $91,000 (net of comparative fault). Mr. Clements then successfully defended the appeal of the case. Preatto v. Tidewater Marine Service, Inc., 809 So.2d 1084 (La. App. 4th Cir. 2002). Mr. Clements investigated and handled multiple claims arising out of the explosion of a vessel in Maracaibo, Venezuela, including multiple personal injuries and deaths. The personal injury and death claims were all resolved expeditiously in Venezuela. In a complex construction and commercial lease dispute, Mr. Clements successfully defended the tenant/developer of a major club facility in the French Quarter. The matter was tried to a conclusion to a three-judge construction arbitration panel. Beni Toledano, et al. v. House of Blues Corp. Mr. Clements filed suit for the owners of an automobile dealership in connection with claims arising out of the expansion of a nearby drainage pumping station. Mr. Clements' client suffered catastrophic structural damage to its facility from deep well de-watering, business interruption and loss of profits from construction delays, and environmental remediation. The suit involved complex issues of construction, environmental, inverse condemnation and eminent domain, and consequential damages. After a six-week jury trial in Civil District Court, a multi-million verdict was rendered in favor of Mr. Clements' clients. The case made two trips to the Louisiana Supreme Court. Damages exceeding ten figures were collected. Mossy Motors, Inc. v. Sewerage & Water Board of New Orleans, C. R. Pitman Construction Co., Inc. and Pepper & Associates, Inc., 1998-0495 (La.App. 4 Cir. 5/12/99), 753 So.2d 269, writ denied, No. 1999-2102 (La. 10/29/99), 749 So.2d 638. Mr. Clements served as co-trial counsel in the re-trial of a high profile employment matter for Texaco Inc., in Los Angeles, California, after a $20,000,000 award of punitive damages was set aside. The case was re-tried in Los Angeles State Court with a very favorable result. Janella Sue Martin v. Texaco, Inc., California State Court, Los Angeles. Mr. Clements defended the J.I. Case Company and International Harvester Corp. in commercial litigation brought by former agricultural equipment dealers displaced in a major business merger. Mr. Clements defended a dozen claims filed in Louisiana. He enrolled in the first case while on appeal and convinced the Louisiana Supreme Court to set aside an award of punitive damages. He then successfully tried the claims of other dealers in courts throughout Louisiana. Delta Truck & Tractor, Inc. v. Navistar Intern. Transp. Corp., 833 F.Supp. 87 (W.D. La., 1993); Delta Truck & Tractor, Inc. v. J.I. Case Co., 1990 W.L. 294415 (W.D. La. 7/12/90); Delta Truck & Tractor, Inc. v. J.I. Case Company, 975 F.2d 1192 (5th Cir. 1992). Mr. Clements represented a professional (NBA) basketball player whose career ended prematurely after suffering injury on a commercial airline. Mr. Clements filed suit and tried the case to a jury in Milwaukee, Wisconsin for three weeks. He obtained a seven-figure recovery for his client. Michael J. Dunleavy v. American Airlines, Inc., State Court, Milwaukee, Wisconsin. Mr. Clements defended a towing vessel owner/operator in defense of claims brought for the loss of an offshore construction barge during a storm off the coast of Brazil. The case was tried against multiple parties in Federal Court in New Orleans. At the conclusion of a lengthy trial, the presiding judge ruled from the bench in favor of Mr. Clements' client, dismissing all claims. Mr. Clements defended a Louisiana manufacturing company against contract, tort and statutory claims brought by a distributor and sales representative located in Switzerland. Suit was filed in Oslo, Norway and proceeded to trial, in which Mr. Clements participated as co-trial attorney with local counsel. The Court ruled for Mr. Clements' client after a ten-day trial, dismissing plaintiff's claims. PanTrade and John F. Hale v. Laitram Machinery, Inc., Oslo, Norway. Mr. Clements defended the owner and operator of an offshore towing vessel, which sank in the Gulf of Mexico, resulting in multiple lawsuits brought by the captain and crew. Mr. Clements invoked a concursus and tried limitation of liability to the bench, followed by a series of jury trials covering issues of vessel construction, engineering, medical causation and damages. All claims were satisfactorily resolved. Louisiana Supreme Court, 1979 M/V GULF GALE, U.S.D.C., E.D. La. Mr. Clements defended Texaco Inc. in a lawsuit brought by the family of an offshore worker who was burned to death on a Texaco fixed platform in the Gulf of Mexico. The owner of an offshore supply vessel which had been pumping fuel to the platform when the fire erupted, was also sued. After a lengthy jury trial, a large verdict was entered on behalf of plaintiff, with a finding of fault of 20% against Texaco. Mr. Clements successfully appealed to the U.S. Fifth Circuit Court of Appeals, which reversed the verdict as to Texaco. Mr. Clements subsequently obtained full reimbursement of all attorneys' fees and costs from the owner of the vessel. Lois Taylor v. Texaco, Inc., 814 F.2d 231 (5th Cir. 1987). The first matter tried solely by Mr. Clements was on behalf of the SS PRESIDENT and Streckfus Steamers, Inc., in a Jones Act and General Maritime Law case. The jury returned a defense (zero) verdict in favor of Mr. Clements' client. Kent McKnight v. Streckfus Steamers, Inc., U.S.D.C., E.D. La. 1980. | ||||