James M. Garner
Top rated Business Litigation attorney in New Orleans, Louisiana
Sher Garner Cahill Richter Klein & Hilbert, L.L.C.
Practice areas: Business Litigation, Insurance Coverage, Constitutional Law; view more
Licensed in Louisiana since: 1989
Education: Tulane University Law School
Languages spoken: English, French
Selected to Super Lawyers: 2007 - 2026 Sher Garner Cahill Richter Klein & Hilbert, L.L.C.
909 Poydras StreetSuite 2800
New Orleans, LA 70112 Phone: 504-299-2102 Email: James M. Garner Visit website
Details 
Mr. Garner, a Member of the firm is a trial lawyer specializing in commercial, complex and class action litigation. He has been lead counsel in cases in New Mexico, California, West Virginia, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana and Texas, involving litigation ranging from insurance coverage, asbestos exposure, benzene exposure, mass closings of big box retailers, noise pollution, commercial, banking, bankruptcy and financial litigation. He is admitted to practice before the federal courts in Arkansas and all courts in Texas and Louisiana. He serves as regional counsel for several companies.
Mr. Garner has extensive appellate argument experience by regularly arguing before the U.S. Fifth Circuit Court of Appeals in New Orleans, the Louisiana Courts of Appeal and the Louisiana Supreme Court. He was unanimously appointed by the Tulane Faculty to Adjunct Professor of Law in the Fall 2020 semester, and teaches Advanced Appellate Advocacy at Tulane University School of Law, along with Contemporary Issues in Legal Ethics in the Spring Semester.
While attending Tulane Law School, Mr. Garner served as a member of the Board of Editors for 1987-1988 and managing editor of the Tulane Law Review for 1988-1989. He is also a member of the Order of the Coif. As an undergraduate at Tulane, he was a member of the Tau Beta Pi, Phi Eta Sigma, Omega Chi Epsilon, and Omicron Delta Kappa honorary societies.
Professional and civic activities include: American (member); Louisiana (member) and Federal (Director, Membership Chair, Recording Secretary, Treasurer, President Elect and Vice-President, President and National Council Delegate, member) Bar Associations; Defense Research Institute (member); Louisiana Association of Business and Industry (member); Louisiana Bankers Association (member); Holy Cross High School (Board Member); Our Lady of Holy Cross College (Development Board); Tulane University (Admissions Council and Externship Committee); Tulane Law Review Board of Advisory Editors; St. Catherine of Siena Cub Scout Pack 230 Den Leader.
Practice areas
Business Litigation, Insurance Coverage, Constitutional Law, Appellate, Civil Litigation: Plaintiff, Civil Litigation: Defense, Class Action/Mass Torts: PlaintiffFirst Admitted: 1989, Louisiana
Professional Webpage: https://www.shergarner.com/attorney/garner-james-m/
Representative Clients
- Zeigler v. Housing Auth. of New Orleans, No. 2015-CA-0626, 2016 WL 1165437 (La. App. 4th Cir. 2016); M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government, 182 So.3d 312 (La. App. 4th Cir. 2015); Kenner Plumbing Supply, Inc. v. Rusich Detailing, Inc., 175 So.3d 479 (La. App. 5th Cir. 2015); Hanover Ins. Co. v. Plaquemines Parish Government, 2015 WL 3953145 (E.D. La.); Louisiana Pigment Co., L.P. v. Air Liquide America, L.P. , 149 So.3d 997 (La. App. 3rd Cir. 2014); First Bank and Trust v. Redman Gaming of Louisiana, Inc. , 131 So.3d 224 (La. App. 5th Cir. 2013); First Bank & Trust v. Treme, 129 So.3d 605 (La. App. 5th Cir. 2013); Smoothie King Franchises, Inc. v. Southside Smoothie & Nutrition Center, Inc., 516 Fed.Appx. 362 (5th Cir. 2013); Tolmas v. Parish of Jefferson, So.3d (La. App. 2nd Cir. 2013); U.S. Fire Ins. Co. v. Housing Authority of New Orleans, F.Supp.2d (E.D. La. 2013); Dennis Melancon, Inc. v. City of New Orleans, 703 F.3d 262 (5th Cir. 2012); Rain CII Carbon, LLC v. ConocoPhillips Co., So.3d (La. App. 4th Cir. 2012); In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir. 2012); Marshall v. Air Liquide-Big Three, Inc., So.3d (La. App. 4th Cir. 2012); Dennis Melancon, Inc. v. City of New Orleans, F.Supp.2d (E.D. La. 2012); Rain CII Carbon, LLC v. ConocoPhillips Co., 674 F.3d 469 (5th Cir. 2012); Crews & Assoc.’s, Inc. v. Nuveen High Yield Mun. Bond Fund, 783 F. Supp. 2d 1066 (E.D. Ark. 2011); Safeguard Storage Properties, L.L.C. v. Donahue Favret Contractors, Inc., 60 So.3d 110 (La. App. 4th Cir. 2011); Public Citizen Inc. v. Louisiana Attorney Disciplinary Bd., 632 F.3d 212 (5th Cir. 2011); Wede v. Niche Marketing USA, LLC, 52 So.3d 60 (La. 2010); In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2010); Versai Management Corp. v. Clarendon America Ins. Co., 597 F.3d 729 (5th Cir. 2010); Jeansonne v. New York Life Ins. Co., 11 So.3d 1160 (La. App. 3d Cir. 2009); Royal Cloud Nine, L.L.C. v. Lafayette Ins. Co., 987 So. 2d 355 (La. App. 4th Cir. 2008); Sher v. Lafayette Ins. Co., 988 So. 2d 186 (La. 2008); In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007); Cambridge Toxicology Group, Inc. v. Exnicios, 495 F.3d 169 (5th Cir. 2007); Historic Restoration, Inc. v. RSUI Indemnity Company, 955 So.2d 200 (La. App. 4th Cir. 2007); Larroquette v. Cardinal Health 200, Inc., 466 F.3d 373 (5th Cir. 2006); Touro Infirmary v. Sizeler Architects, 947 So.2d 740 (La. App. 4th Cir. 2006); Dillard University v. Lexington Ins. Co., 466 F. Supp. 2d 723 (E. D. La. 2006); City of New Orleans' Dept. of Finance v. Touro Infirmary, 905 So.2d 314 (La. App. 4th Cir. 2005); In re Crutcher-Tufts Resources, Inc., 347 B.R. 189 (Bkrtcy.E.D.La. 2005); Memorial Hall Museum, Inc. v. University of New Orleans Foundation, 847 So. 2d 625, 2002-1810 (La. App. 4th Cir. 2003); M.K.L. Development, L.L.C. v. City of New Orleans, 772 So. 2d 797 (La. App. 4th Cir. 2000); Walls v. American Optical Corp., 740 So.2d 1262 (La. 1999); Estate of Patout v. City of New Iberia, 738 So.2d 544 (La. 1999); Dumas v. Angus Chemical Co., 728 So.2d 441 (La. App. 2 Cir. 1999); Williams v. AKZO Nobel Chemicals, Inc., 999 S.W.2d. 836 (Tex. App. - Tyler 1999); Earl J. Adams et al. v. J.E Merit Construction, Inc., 712 So.2d 88 (La 1998); Simmons v. Templeton, 723 So.2d 1009 (La. App. 4 Cir. 1998); TGX Corp. v. Simmons, 62 F.3d 666 (5th Cir. (La.) 1995); U.S. v. Eighty Three Rolex Watches, 992 F.2d 508 (5th Cir. (Tex.) 1993); Cole v. Celotex Corp., 599 So.2d 1058 (La. 1992)
Pro bono / Community Service
- President and National Council Delegate, Federal Bar Association of New Orleans, 2008
- Forekids Foundation -- Charitable organization serving various children's charities in Louisiana and puts on the Zurich New Orleans Open to serve this purpose., 2011
- Xavier University of Louisiana, Board of Trustees, 2007
Educational Background
- Tulane University, B. Che. Eng., Summa Cum Laude, Valedictorian, 1986
Scholarly Lectures / Writings
- Jury Trials Revisited Seminar: Cross Examination: Control, Credibility, and the Craft of Questioning, October 31, 2025
- Dazzling Disney—A Multi-Topic CLE, March 3-5, 2025
- New York, New York: Multi-Topic CLE, November 21-27, 2024
- Tulane Law School—Advanced Appellate Advocacy, August 20-November 19, 2024
- LSBA Annual Meeting LJC/LSBA Joint Summer School, June 2, 2024
- New York, New York: A Multi-Topic CLE Seminar, “Jury Selection and Mock Trials - The Processes and the Law, Parts I & II,” Louisiana State Bar Association, November 18-21, 2023
- Louisiana State Bar CLE Event, “How Consistency of the Courts Attract Businesses to Louisiana” at Disney’s Grand Floridian Resort and Spa on February 21, 2023
- Attempt the Summit: 2022 LSBA Annual Meeting & LJC / LSBA Joint Summer School - Insurance Bad Faith, Louisiana State Bar Association, June 8, 2022
- Dazzling Disney! A Multi-Topic CLE Seminar, “Standard of Review of Appellate Courts - How Much Deference is Given to the Trial Court? Are Appellate Courts ‘Super’ Trial Courts or Courts of Review for Error? PARTS 1 & 2,” Louisiana State Bar Association, February 15-17, 2021
- New York, New York: A Multi-Topic CLE Seminar, “Jury Selection and Mock Trials - The Processes and the Law, Parts I & II,” Louisiana State Bar Association, November 23-26, 2019
- Appellate Practice 2019, Panel Member for the Presentation: Precedential Value of Writs and “Law of the Case,” Louisiana State Bar Association, October 3, 2019
- Evaluation of the Profession: LJC / LSBA Joint Summer School & 2019 LSBA Annual Meeting, “Learning to Grasp the Big Picture – Depositions: What You Always Wanted to Know, But Didn’t have Time to Research,” Louisiana State Bar Association, June 2-7, 2019
- Experience the Charm of Quebec: A Multi-Topic CLE Seminar, “Writs” and “Summary Judgments," Louisiana State Bar Association, March 27-29, 2019
- New York, New York: A Multi-Topic CLE Seminar, “A Goldilocks Problem: Motions In Limine - Judges Wishes?,” and “Effective Mediation and Settlement Techniques,” Louisiana State Bar Association, November 17-20, 2018
- Voodoo CLE: “A Jury Trial Haunting” a Presentation on “Enchanting Incantations – Persuasive Opening Statements,” Louisiana State Bar Association, October 26, 2018
- LJC/LSBA Joint Summer School & 2018 LSBA Annual Meeting, “Blowing In the Wind” The Perils of Arbitration, Louisiana State Bar Association, June 4, 2018
- New York, New York: A Multi-Topic CLE Seminar, “Experts: Practice Points & Legal Issues,” Louisiana State Bar Association, November 18, 2017 - November 21, 2017
- Voodoo CLE: “Anatomy of a Jury Trial;” a Presentation on “Hocus Pocus: Closing Statements that Convince the Jury,” Louisiana State Bar Association, October 27, 2017
- Federal Practice CLE Series - Drafting Effective Complaints and Answers, Federal Bar Association - New Orleans Chapter, March 9, 2017
- Jury Instructions and Jury Verdict Form: A Trial Practice CLE, Louisiana State Bar Association, December 13, 2016
- New York, New York: A Multi-Topic CLE Seminar, “Issues with Arbitration Clauses,” and “Choice of Law vs. Forum Selection,” Louisiana State Bar Association, November 19-21, 2016
- Encore at Wynn Las Vegas: A Multi-Topic CLE Seminar, Louisiana State Bar Association, September 12-14, 2016
- Advanced Appellate Practice, Louisiana Bar Association, August 26, 2016, Co-Chair and Speaker
- The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Boston, MA, Perrin Conferences on behalf of Resolute Management, Inc., May 5, 2016
- The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Dover, NH, Perrin Conferences on behalf of Resolute Management, Inc., May 4, 2016
- The Asbestos Mock Trial Program - Direct and Cross of Witness & Closing Arguments, Chicago, IL, Perrin Conferences on behalf of Resolute Management, Inc., April 26, 2016
- The LSBA Uncorked: A CLE Adventure in California’s Wine Country, Louisiana State Bar Association, February 29 - March 2, 2016
- New York, New York: A Multi-Topic CLE Seminar, "The Traditions, Evolution and Pros & Cons of the Jury Trial," and "Juries-To What Extent Has the Role of the Jury Been Eroded?,” Louisiana State Bar Association, November 21-23, 2015
- Voodoo Festival Seminar - Bewitching Trial Techniques: "The Final Ghoulish Feast: Closing Statement," Louisiana State Bar Association, October 30, 2015
- Workers’ Compensation Law and Practice, Sterling Education Services, Inc., December 4, 2015
- A City Below Sea Level Rises Above: Exploring the Legal Impacts of Katrina Over the Last Decade – Post Disaster Litigation Strategies Panel, Loyola Law Review Symposium, October 16, 2015
- LSBA Summer School: Arbitration: “The Pitfalls, Problems, and Shortcomings: When Can/Should a Court Step In?” Louisiana State Bar Association, June 8, 2015
- New York, New York: A Multi-Topic CLE Seminar, Does Spoliation Constitute an Independent Cause of Action? - Louisiana State Bar Association, November 22-24, 2014
- Adjunct Lecturer in Law, Advanced Appellate Advocacy, Tulane University School of Law
- LSBA Uncorked: Are there Unveiled UM Waivers Anymore? - Louisiana State Bar Association, March 24, 2014
- Landlord-Tenant Law Seminar - Leases, Evictions, Litigation and Settlements, Sterling Educational Services, Inc., December 12, 2013
- 8th Annual Workers’ Compensation Law & Practice Seminar, Sterling Education Services, Inc., December 3, 2013
- New York, New York: A Multi-Topic CLE Seminar, Louisiana State Bar Association, November 23-25, 2013
- Voodoo Festival Seminar – Jury Mock Trial, Louisiana State Bar Association, November 1, 2013
- Magnum PI: Winning the Big Personal Injury Case - Defending the Big Case from Start to Finish, Louisiana State Bar Association, October 11, 2013
- The Challenges of Handling High Profile Cases - Bench Bar Conference, New Orleans Bar Association, April 19-21, 2013
- New York, New York -- A Multi-Topic CLE Seminar -- What Makes the Witness A Qualified Expert?, Louisiana State Bar Association, November 17-19, 2012
- Louisiana Water Laws and Regulations, Half Moon Seminars, June 13, 2012
- The LSBA Uncorked--A CLE Adventure in California Wine Country: Recusals At The Trial and Appellate Court Levels, Louisiana State Bar Association, March 5-7, 2012
- New York, New York A Multi-Topic CLE -- Reconciling Conflicting Opinions of the Courts of Appeal, Louisiana State Bar Association, November 19-21, 2011
- 17th Annual Continuing Legal Education Seminar, CLE of Louisiana and LA Judicial Council/NBA, July 8-14, 2011
- 9th Annual Landlord-Tenant Law Symposium, Sterling Education Services, Inc., May 11, 2011
- Emerging Issues in Healthcare Law - 12th Annual Conference, American Bar Association Health Law Section, February 23-26, 2011
- New Claims on the Horizon: The Aftermath of the Deepwater Horizon Spill, New Orleans Bar Association, December 22, 2010
- 8th Landlord-Tenant Law Symposium, Sterling Education Services, Inc., November 30, 2010
- Oil in the Gulf -- Litigation and Insurance Coverage, Avoiding Fraud Concerns in the Claims Process, HB Litigation Conference, November 4-5, 2010
- New Claims on the Horizon: The Aftermath of the Deepwater Horizon Spill, The National Forum for Environmental & Toxic Tort Issues, September 28-October 1, 2010
- Current Issues in Storm Water Regulation, National Business Institute, July 28, 2010
- The Intersection of Federal and State Law Issues, Jamaican Sunset CLE, July 8-15, 2010
- Litigating Bad Faith Insurance Claims, National Business Institute, March 25, 2010
- Issues Addressed In High Profile Cases: Talking to the Press & Invocation of the 5th Amendment, New Orleans Bar Association, December 23, 2009
- Master Land Use and Planning Processes, National Business Institute, May 4, 2009
- 2009 Bench Bar Conference: Changes to Court Rules, New Orleans Bar Association, March 13-15, 2009
- Trying the Bad Faith Insurance Case, American Bar Association, March 5-9-2009
- Crafting the Key Documents in Insurance Coverage Litigation -- California Coverage Dreaming on a Winter's Day, American Bar Association, Insurance Coverage Litigation Committee's Mid-Year Meeting, February 26-28, 2009
- Landlord-Tenant Law, Sterling Education Services, January 7, 2009
- Boundary Disputes: Resolving Client Conflicts, National Business Institute, November 13, 2008
- Insurance Litigation in Louisiana Related to Hurricanes Katrina and Rita, Defense Research Institute, October 23, 2008
- Handling Toxic Mold Disputes: A Guide to Recent Developments and Effective Litigation Strategies, Lorman Education Services, August 15, 2008
- Sher Post-Mortem, Jamaican Sunset CLE, August 7-14, 2008
- The Warranties Within: A Comparative Look at the Warranties Implied in the Sale of Goods under U.S. Law with an Emphasis on European and International Influences Thereon, Tulane Law School Summer Abroad, London, England, July 21-August 2, 2008
- Annual Meeting and Flood Recovery Seminar, Linn County Bar Association, June 26, 2008
- Mastering Land Use and Planning Processes, National Business Institute, June 10, 2008
- 2008 Bench Bar Conference -- Never Say Never Again: Surviving the Second Storm of Litigation, New Orleans Bar Association, April 11-13, 2008
- Real Estate Law: Advanced Issues and Answers, National Business Institute, March 13, 2008
- Hurricane Katrina: Surviving the Storm of Insurance Litigation, New Orleans Bar Association, December 28, 2007
- Katrina Insurance Litigation, The Greater New Orleans Louis A. Martinet Society, December 12, 2007
- Hot Topics in Insurance Law, Louisiana State Bar Association, September 28, 2007
- Landlord-Tenant Law: Beyond the Basics, Sterling Education Services, Inc., September 25, 2007
- Litigating the Multi-Party Construction Defect Case: Representing the Owner, Louisiana State Bar Association, September 21, 2007
- Circuits Gone Haywire Part II--Splits in the Louisiana Appellate System, Jamaican Sunset CLE, July 12-19, 2007
- Show Me the Money -- Hurricane Katrina Insurance Issues, Jamaican Sunset CLE, July 12-19, 2007
- Hurricane Relief Seminar for Evacuees and Volunteers, National Bar Association, April 26, 2007
- Insurance Law: Third Party Coverage, National Business Institute, February 22, 2007
- 2006 Bench Bar Conference -- Hurricane Katrina: A Personal Perspective, Lafayette Parish Bar Association, October 5-7, 2006
- The Warranties Within: A Comparative Look at Warranties Implied in the Sale of Goods Under US Law, Tulane Law School Summer Abroad, London, England, July 23-August 6, 2006
- Fourteenth Annual Alvin B. Rubin Symposium -- The Attorney Client Privilege: A Pandora's Box, Federal Bar Association of New Orleans, May 18, 2006
- Confronting Present and Future Stormy Challenges, Louisiana Judicial Council/NBA, March 2-4, 2006
- Thirteenth Annual Alvin B. Rubin Symposium -- Lawyer and Judge Misconduct, Federal Bar Association of New Orleans, May 12, 2005
- The Mold Challenge in Louisiana, National Business Institute, March 15, 2005
- Solving Mold Contamination & Water Intrusion Claims, Sterling Education Services, October 13, 2004
- Twelfth Annual Alvin B. Rubin Symposium -- Attorney Disqualification and Judicial Recusal: The New Frontier, Federal Bar Association of New Orleans, May 5, 2004
- Emerging Issues in Louisiana Indoor Air Quality and Toxic Mold Litigation, National Business Institute, April 24, 2003
- Water Intrusion and Toxic Mold Claims in Louisiana, Sterling Education Services, L.L.C., October 28, 2003
- Tenth Annual Alvin B. Rubin Symposium -- What Judges Will and Will Not Tolerate, Federal Bar Association of New Orleans, April 18, 2002
- Hotel/Motel Premises Civil Security Liability, Defense Research Institute, 1997
Honors
- Lawdragon 500 Leading Lawyers in America, 2006-2021; Lawdragon Legend, 2016; Lawdragon's 100 Managing Partners You Need to Know, 2014, Lawdragon 500 Leading Lawyer in America, Lawdragon 500
- New Orleans CityBusiness Leadership in Law Honoree, 2004, 2016, Leadership in Law Honoree, New Orleans CityBusiness
- New Orleans Magazine, Top Lawyers, 2016, Top Lawyer, New Orleans Magazine
- Chambers and Partners 2007 - 2020 USA Rankings in Litigation – Key Individuals: “Market commentators consider James Garner of Sher Garner Cahill Richter Klein & Hilbert LLC to be “phenomenally responsive” and a “strong advocate” for his clients. He has a solid trial practice with extensive experience defending clients at state and federal level.", Chambers and Partners Recognition, Chambers and Partners
- Louisiana Super Lawyers 2007-2022, recognized in the New Orleans Top 50 (2013, 2015-2022), and Louisiana Top 50 (2007-2013, 2015-2022), Louisiana Super Lawyer, Super Lawyers
- Best Lawyers in America since 2006 with special designations, during 2021 or a prior year, in Appellate Practice, Arbitration, Bet-the-Company Litigation, Commercial Litigation, Construction Law, Eminent Domain and Condemnation Law, Litigation – Construction, Litigation – Environmental, Litigation – Securities, Mass Tort Litigation / Class Actions, Medical Malpractice Law, Mortgage Banking Foreclosure Law, Personal Injury Litigation, Product Liability Litigation, Professional Malpractice Law, 2006-2022, Best Lawyer, Best Lawyers
Industry Groups
- Banking
- Chemical
- Governmental
- Hotel/Motel
- Insurance
- Oil And Gas
Office location for James M. Garner
909 Poydras Street
Suite 2800
New Orleans, LA 70112
Selections
20 Years Super Lawyers
- Super Lawyers: 2007 - 2026
Top Lists
Top 50: New Orleans Super Lawyers: 2013 - 2024- Top 50: 2024 New Orleans Super Lawyers
- Top 50: 2023 New Orleans Super Lawyers
- Top 50: 2022 New Orleans Super Lawyers
- Top 50: 2021 New Orleans Super Lawyers
- Top 50: 2020 New Orleans Super Lawyers
- Top 50: 2019 New Orleans Super Lawyers
- Top 50: 2018 New Orleans Super Lawyers
- Top 50: 2017 New Orleans Super Lawyers
- Top 50: 2016 New Orleans Super Lawyers
- Top 50: 2015 New Orleans Super Lawyers
- Top 50: 2014 New Orleans Super Lawyers
- Top 50: 2013 New Orleans Super Lawyers
- Top 50: 2024 Louisiana Super Lawyers
- Top 50: 2023 Louisiana Super Lawyers
- Top 50: 2022 Louisiana Super Lawyers
- Top 50: 2021 Louisiana Super Lawyers
- Top 50: 2020 Louisiana Super Lawyers
- Top 50: 2019 Louisiana Super Lawyers
- Top 50: 2018 Louisiana Super Lawyers
- Top 50: 2017 Louisiana Super Lawyers
- Top 50: 2016 Louisiana Super Lawyers
- Top 50: 2015 Louisiana Super Lawyers
- Top 50: 2013 Louisiana Super Lawyers
- Top 50: 2012 Louisiana Super Lawyers
- Top 50: 2011 Louisiana Super Lawyers
- Top 50: 2010 Louisiana Super Lawyers
- Top 50: 2009 Louisiana Super Lawyers
- Top 50: 2008 Louisiana Super Lawyers
- Top 50: 2007 Louisiana Super Lawyers