Ms. Lori D. Barker

Practice Details

• Firm Information
  Position

  Managing Partner

  Firm Name

  Wood, Smith, Henning & Berman LLP
• Representative Cases & Transactions
  Cases

  Experience: Appellate Experience: 3131 Veterans Blvd LLC,
  Certain Underwriters at Lloyd's, London v. Mpire Properties LLC: Filed an amicus brief on behalf of insurance industry trade association urging the U.S. 2nd circuit to reverse their 1995 decision, Stephens v. American International Insurance Co.
  find that the New York Convention on the Recognition
  Enforcement of Foreign Arbitral Awards is self-executing
  is not reverse preempted by the McCarran Ferguson Act. On May 8, 2025, the court abrogated Stephens
  ruled consistent with the approach supported in our amicus brief.
  Crescent City Surgical Company v. Interstate Fire et. al.: Filed
  argued an appeal at the U.S. 5th Circuit asking the court to enforce all insurers right to enforce arbitration under the agreed contract, the New York Convention
  principles of federal equitable estoppel.
  Ashton R. O'Dwyer, Jr. et.al. v. The Metairie Towers Condominium Association Board President et. al.: Field a brief
  argued asking the Louisiana 5th Circuit to uphold the trial court's determination that a condominium unit owner was not an insured under an insurance policy issued to the Condominium Association under the terms of the agreement. The Louisiana 5th Circuit affirmed the lower court's determination, upholding the dismissal of the claims against our clients.
  Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co., et al.: Filed an amicus brief on behalf of insurance trade associations urging the Louisiana Supreme Court to answer three questions certified by the U.S. District Court for the Western District of Louisiana in favor of arbitration in insurance policies in certain situations.
  Troung v. S
  ers- Filed an amicus brief on behalf of an insurance trade association urging the Louisiana Supreme Court to reverse a case decided by the Louisiana 2nd Circuit which exp
  s the liability of insurers to third-party claimants.
  Arbitration Experience: Advocated for insurer clients in an arbitration trial involving 1st party claims made by an insured in the aftermath of hurricane Ida. The arbitration ruling resulted in an award of less than 5% of the total damages sought by the insured.
  Trial Experience: Ian McPhail v. SDT Waste
  Debris Services, LLC- Obtained 40% reduction of damages awarded by the jury to the claimant for comparative fault of unnamed parties.
  Ariel Jones v. Professional Transportation, Inc. et al.- Tried a jury case to verdict in Orleans parish
  successfully advocated for reduction of damages for the Plaintiff's failure to mitigate. As a result, the jury awarded about 2% of the damages sought. Plaintiff's Motion for Judgment Notwithst
  ing the Verdict was denied
  , ultimately, the case was not appealed.
  Dismissals Secured by Motion: Jaxson Group NOLA, LLC DBA The Jaxson v. Certain Underwriters at Lloyd's, London: Successfully argued a Motion for Summary Judgment gaining dismissal of insured's claim for property damages related to the COVID-19 P
  emic.
  Cosey v. Flight Academy of New Orleans, LLC et al.: Prevailed on a Motion for Summary Judgment obtaining dismissal of an aviation client from a lawsuit arising from a plane crash where damages were sought for the wrongful death of one passenger
  severe mental
  physical injuries of another.
• Additional Links
  https://www.wshblaw.com/attorney/lori-d-barker/