H. Alston Johnson III

Alston Johnson practices in the area of litigation, particularly at the appellate level and with particular emphasis in the areas of tort litigation, insurance coverage and litigation and administrative law. He has extensive experience in legislative and regulatory and governmental matters and has represented numerous public entities in both counseling and litigation capacities.

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Alston Johnson practices in the area of litigation, particularly at the appellate level and with particular emphasis in the areas of tort litigation, insurance coverage and litigation and administrative law. He has extensive experience in legislative and regulatory and governmental matters and has represented numerous public entities in both counseling and litigation capacities.

Prior to joining Phelps Dunbar in 1984, Mr. Johnson was a member of the full-time law faculty at the Hebert Law Center of Louisiana State University for 12 years. He continued to serve as an adjunct member of that faculty from 1984-2011. When he took senior partner status with the firm in early 2012, he taught full-time again on that faculty until the end of the spring semester of 2013, when he reverted to his prior adjunct status. He currently teaches courses in Federal Courts and Conflict of Laws and has previously taught courses in Torts, Insurance, Louisiana Civil Procedure and Louisiana's civil law subjects.

Mr. Johnson maintains an active professional relationship with the firm, focusing on selected appellate work and supervisory writ practice. 

Experience

  • Briefing and oral argument in approximately 200 appellate matters before the Supreme Court of Louisiana, all five intermediate appellate courts of the State of Louisiana, and the U.S. Fifth Circuit Court of Appeal, involving a wide range of subject matters such as commercial disputes, personal injury matters, insurance coverage issues, insurance policy interpretations, procedural issues, constitutional law, workers’ compensation, allocation of fault issues, conflicts of law, punitive damages, mineral interest disputes and others.
  • Appointment and service as Special Master, 19th Judicial District Court, State of Louisiana, relative to issues in large succession under administration, and in dispute over legislation involving state retirement systems.
  • Writ and appeal preparation in breast implant class action litigation and in lead paint class action litigation.
  • Handling class action suits in both state and federal trial courts involving claims related to post-hurricane insurance coverage, vanishing-premium life insurance policies, installment fees as premium payments in casualty policies, treatment of insurance agents as independent contractors rather than employees, and payment of membership dues to organizations in order to be permitted to purchase insurance products.
  • Representation of insurers in administrative and receivership proceedings before the Louisiana Department of Insurance.
  • Representation of certain Louisiana appellate courts in judicial redistricting case under Voter Rights Act.
  • Representation of certain Louisiana judges in dispute with judges’ retirement system and in dispute with former law partners.

Insights

Publications
  • Louisiana Insurance Law and Practice (with Shelby McKenzie), (4th Ed. 2012) (with annual pocket parts), Vol. 15, Louisiana Civil Law Treatise Series (West Publishing Company)
  • Louisiana Civil Jury Instructions (3rd ed. 2011) (with annual pocket parts), Vol. 18, Louisiana Civil Law Treatise Series (West Publishing Company)
  • "Answering a Fool According to His Folly: Ruminations on Comparative Fault Thirty Years On," 70 La. L. Rev. 1105 (2010) (with Frank Maraist, Tom Galligan and Bill Corbett)
  • Louisiana Workers' Compensation Law and Practice (with the late Wex S. Malone) (5th ed. 2010) (with annual pocket parts), Vols. 13 and 14, Louisiana Civil Law Treatise Series (West Publishing Company)
News

Memberships & Affiliations

  • Louisiana State Bar Association
  • American Bar Association
  • American Law Institute (Emeritus Member)    
  • Louisiana Association of Defense Counsel (Past President)
  • Governor’s Advisory Committee on Tort, Workers’ Compensation and Insurance Reform (Chairman, 1988)    
  • Louisiana Supreme Court’s Committee to Study Plain Civil Jury Instructions (Appointed Chairman, 2011)

Recognition

  • Louisiana Bar Foundation Distinguished Attorney Award
  • American Academy of Appellate Lawyers (Fellow, 2005-present)
  • Louisiana State Bar Association - Boisfontaine Trial Advocacy Award
  • Baton Rouge Bar Association - President’s Award
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America© - Construction Law, Real Estate Law (Baton Rouge Lawyer of the Year: Appellate Practice, 2016)
  • Louisiana Super Lawyers