Jane H.
Barney
City Plaza
445 North Boulevard, Suite 701
Baton Rouge , LA 70802
Direct: (225) 376-0219
Fax: (225) 381-9197
e-mail: barneyj@phelps.com
Appellate Litigation
Commercial Litigation
Insurance and Reinsurance
Tort Litigation
Jane is a partner in the litigation group in Baton Rouge with a diverse trial and appellate practice. She possesses a broad understanding of appellate and trial practice/procedure in both state and federal courts. She has developed creative, successful legal arguments on key issues in commercial litigation, toxic torts, premise liability, and insurance coverage/ allocation at both the trial and appellate levels. She has handled multi-million dollar appeals before Louisiana appellate courts and the United States Fifth Circuit Court of Appeals, relying upon, strong analysis, creativity and advocacy. Jane has also litigated numerous jury trials before Louisiana state courts and federal district courts; has handled jury and bench trials in copyright, environmental, tort, property tax, breach of contract, and insurance coverage. At the trial level, Jane provides a strategic defense to achieve the earliest possible resolution for defendants, while aggressively pursuing claims on behalf of plaintiffs in commercial cases. Prior to joining Phelps Dunbar in 1994, Jane served as a judicial clerk in the Eastern District of Louisiana for The Honorable Edith Brown Clement, who now is a member of the U.S. Court of Appeals, Fifth Circuit. She was listed in Louisiana Super Lawyers 2007. Jane has been awarded the "AV" rating by the Martindale-Hubbell Law Directory, which is the highest possible rating for legal ability and ethical standards.
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Louisiana State University, J.D., 1993; Editor-in-Chief, Louisiana Law Review; Order of the Coif
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Louisiana State University, B.S. in Business Administration, 1986
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Member: Louisiana State Bar Association
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Member: American Bar Association
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Member: Louisiana State Law Institute
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National Delegate: Federal Bar Association, Baton Rouge Chapter, 2003-2004
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President: Federal Bar Association, Baton Rouge Chapter, 2002-2003
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Fellow: Federal Bar Association, 2005 to present
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Also Admitted to Practice: United States District Court, Northern District of Florida
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"A Health Care Worker's Duty to Undergo Routine Testing for HIV/AIDS and to Disclose Positive Results to Patients," 52 Louisiana Law Review 933 (1992).
- Represents national insurance company in analysis and handling of catastrophic claims.
- Defends asbestos claims on behalf of manufacturer and premise defendants at both trial and appellate level.
J.B. Adams, et al. v. Asbestos Corp. Ltd., et al., 914 So. 2d 1177 (La. App. 2 Cir., 10/28/05) (Appellee, affirmed; asbestos disease barred by workers' compensation as asbestos is oxygen/metal containing mineral)
George T. Pickett, et al. v. Int'l Paper Co., et al., 925 So.2d 492 (La. App. 2 Cir., 3/10/06) (Appellant; reversed; claims brought in improper venue were time-barred) J.B. Adams, et al. v. Asbestos Corp. Ltd., et al., 930 So. 2d 342 (La. App. 2 Cir., 5/17/06) (Appellee; affirmed; dismissed survival action not brought one year from death as one year period is peremptive and not interrupted by Texas suit)
- Provides administrative counseling and litigation at the trial and appellate levels to businesses in the funeral and burial industry.
- Provides litigation expertise to the firm's media clients.
- Represented major insurance companies in large-scale environmental coverage litigation at both the trial and appellate level.
Norfolk Southern Corp., et al. v. California Union Ins. Co., et al., 853 So. 2d 1141 (La. App. 1st Cir. 9/12/03); (Appellee; affirmed; no coverage where insured failed to prove spill event during policy period);
Norfolk Southern Corp., et al. v. California Union Ins. Co., et al., 859 So. 2d 167 (La. App. 1st Cir. 9/12/03), writ den'd, 861 So. 2d 579 (La. 2003) (Appellant; reversed; rejected "all sums" allocation/policy designation);
Norfolk Southern Corp., et al. v. California Union Ins. Co., et al., 859 So. 2d 201 (La. App. 1 Cir. 9/26/03), writ den'd, 861 So. 2d 580 (La. 2003) (Appellant; reversed; rejected "all sums" allocation/policy designations);
Norfolk Southern Corp., et al. v. California Union Ins. Co., et al., 853 So. 2d 1141 (La. App. 1 Cir. 9/12/03), writ den'd, 861 So. 2d 578 (La. 2003); see, also, 859 So. 2d 209 (La. App. 1 Cir. 9/12/03), writ den'd, 861 So. 2d 580 (La. 2003); (Appellant; reversed; voluntary cost-share expenses not damages covered under liability policy);
Norfolk Southern Corp., et al. v. California Union Ins. Co., et al., 859 So. 2d 209 (La. App. 1 Cir. 9/12/03), writ den'd, 861 So. 2d 580 (La. 2003) (Appellant; reversed; rejected "all sums" allocation) Norfolk Southern Corp., et al. v. California Union Ins. Co., et al., 859 So. 2d 212 (La. App. 1 Cir. 9/26/03), writ den'd, 861 So. 2d 581 (La. 2003) (Appellant; reversed; rejected policy designation by insured)
- Represented major chemical company at both trial and appellate level in environmental cleanup cost-recovery, property damage and personal injury claims involving rupture of tank trailer releasing chemicals over large area near Mississippi River.
Crompton Mfg. Co. Inc. v. Plant Fab, Inc., 91 Fed.Appx. 335, WL 385530 (CA5 (La., 2004) (Appellee; affirmed; suit prosecution barred based on federal collateral estoppel); writ den'd, 543 U.S. 870, 125 S.Ct. 80 (2004)
- Represented life insurance company at both trial and appellate levels in defense of class actions, involving RICO, fraud, and unfair trade practice claims.
Dixon, et al. v. Ford Motor Credit Co., et al, 252 F.3d 1356 (CA5 (La.), 2001) (Appellee; affirmed; class action RICO claims dismissed)
- Represented major corporation at the trial court level in anti-trust litigation involving international price-fixing and market allocation cartel.
- Represented local corporation at both the trial and appellate level in Robinson-Patman claim and state law claims involving secondary-line price discrimination.
Water Craft Management LLC, et al. v. Mercury Marine, et al., 457 F.3d 484 (CA5 (La.), 2006) (Appellant/cross-appellee; affirmed/dismissed; Robinson-Patman argument rejected; state law claims preserved)
- Represented major slot machine manufacturer at both trial and appellate level in breach of contract action involving alleged multimillion dollar jackpot.
- Represented corporate owner of office building in multi-million dollar property tax litigation at both trial and appellate level.
Mississippi Land Co. v. S & A Properties II, Inc., 817 So. 2d 1200 (La.App. 3 Cir. 5/8/02) (Appellee; affirmed; property tax redemption upheld)