John P. D'Avello

Top rated Administrative Law attorney in New Orleans, Louisiana

Mouledoux, Bland, Legrand & Brackett

Practice areas: Administrative Law, Insurance Coverage, State, Local & Municipal; view more

Licensed in Louisiana since: 2020

Education: Tulane University Law School

Selected to Rising Stars: 2022 - 2026

Mouledoux, Bland, Legrand & Brackett

701 Poydras Street
Suite 600
New Orleans, LA 70139 Phone: 504-595-3000 Email: John P. D'Avello Visit website

John D’Avello's practice focuses on admiralty and maritime litigation and general casualty and insurance defense. He also advises municipalities and governmental entities in a variety of civil and administrative matters.

John previously practiced at a New Orleans litigation firm where he represented the investigating officer of a state agency in administrative proceedings and both pursued and defended complex civil suits, antitrust and unfair trade practices, and constitutional law claims in state and federal courts. In addition, he advised on regulatory compliance in healthcare licensing matters and on legal ethics.

John enjoys resolving complex legal issues and strives to understand his clients’ needs and objectives so he can obtain the most efficient and favorable resolution. “The legal landscape is constantly changing. Thorough research and preparation and clear communication with all parties is necessary to provide the quality of representation and advocacy that my clients deserve.”

Practice areas

Administrative Law, Insurance Coverage, State, Local & Municipal, Transportation/Maritime

First Admitted: 2016, Maryland

Professional Webpage: https://mblb.com/attorney/john-p-davello/

Bar / Professional Activity

Federal Bar Association, Member
Defense Research Institute, Member
New Orleans Bar Association, Member
Louisiana State Bar Association, Member
Bar Association of the Federal Fifth Circuit, Member

Educational Background

Tulane University Law School, cum laude
University of Illinois

Other Outstanding Achievements

Law Clerk to the Hon. Tu. M. Pham, Magistrate Judge, U.S. District Court for the Western District of Tennessee (2017-2019)
Staff Attorney, U.S. Court of Appeals for the Third Circuit (2016-2017)

Firm News (Newsletters)

In a recent Fifth Circuit case, Langiano v. City of Fort Worth, Texas, the Court considered whether an officer used excessive force when he shot a suspect who was undisputedly holding a gun when the officer entered a motel room the suspect occupied. The Court found the officer was entitled to qualified immunity because he reasonably perceived a threat of harm, and thus no constitutional violation occurred., Fifth Circuit Addresses Reasonable Use of Force in Qualified Immunity Case, Municipal Law
The United States Supreme Court recently agreed to hear arguments in a long-running lawsuit brought by Louisiana and two of its parishes, attempting to hold oil companies liable for their production of crude oil in the state dating back to World War II., Louisiana Takes Center Stage in Supreme Court Removal Dispute
The U.S. Supreme Court recently took up Barnes v. Felix, a case from the Fifth Circuit that applied the so-called moment-of-threat rule, wherein a court looks only to the circumstances existing at the precise time an officer perceived the threat inducing him to shoot to determine whether that shooting was reasonable or not., Supreme Court Rejects Fifth Circuit’s “Moment-of-Threat” Doctrine in Assessing Whether an Officer’s Use of Deadly Force Violates the Constitution
In Chimento v. E. Jefferson Levee Dist., the MBLB team of Mark E. Hanna and John P. D’Avello prevailed in the Louisiana Fifth Circuit Court of Appeals, which found that evidence of a failure to inspect for wet spots or algae growth on a recreational use path was insufficient to establish a willful or malicious failure to warn under the recreational use immunity statutes., MBLB Secures Judgment Establishing Louisiana Recreational Use Statutes Afford Levee Districts and Government Entities With Tort Immunity
Although federal courts retain exclusive jurisdiction over maritime claims and, consequently, interpret maritime contracts using principles of federal admiralty law, state law applies to the interpretation of marine insurance contracts. Identifying the applicable law and implications to the interpretation of obligations in a particular contract is crucial to accurately assess and mitigate risks and avoid unintended consequences. These principles were recently reaffirmed by the U.S. Fifth Circuit in Barrios v. Centaur, L.L.C., Fifth Circuit Addresses Choice of Law in Maritime Contracts and Marine Insurance Policies, Maritime

Honors

Super Lawyers Rising Star

Office location for John P. D'Avello

701 Poydras Street
Suite 600
New Orleans, LA 70139

Selections

5 Years Rising Stars

Rising Stars: 2022 - 2026

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John P. D'Avello

Top rated Administrative Law attorney in New Orleans, Louisiana

Mouledoux, Bland, Legrand & Brackett

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Practice areas

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Educational Background

Other Outstanding Achievements

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Honors

Office location for John P. D'Avello

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