Matthew A. Moeller

Matthew A. Moeller

Attorney Profile

Top Rated Transportation & Maritime Attorney in New Orleans, LA

The Moeller Firm LLC
 | 650 Poydras Street, Suite 1207
New Orleans, LA 70130
Phone: 504-702-6774
Fax: 504-702-6783
Selected To Super Lawyers: 2020
Licensed Since: 2005
Practice Areas:
  • Transportation/Maritime (60%),
  • Construction Litigation: Business (20%),
  • Business Litigation (20%)
Attorney Profile

Mr. Moeller represents shipyards, vessel owners and operators and contractors as well as other businesses in maritime, construction and commercial disputes. This experience includes the defense of Jones Act and maritime personal injury claims, as well as the defense and prosecution of maritime contractual disputes and maritime property damage matters.  Mr. Moeller's experience also includes the representation of general and sub-contractors as well as suppliers and other businesses in breach of contract, intentional interference with contract, defective workmanship, fraud and unfair trade practices and trade secret violations.  Mr. Moeller has tried numerous cases to verdict, obtaining both bench and jury verdicts in favor of his clients.

About Matthew Moeller

Admitted: 2005, Louisiana

Professional Webpage: https://www.moellerfirm.com/matthew-a-moeller

Honors/Awards:

  • The Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation. Established in 1955, Fellows support the research of the American Bar Foundation through annual contributions and sponsor seminars and events of direct relevance to the legal profession., Fellow , American Bar Foundation , 2019
  • Selection of individuals for listing in its publications is based on reference value. Individuals become eligible for listing by virtue of their positions and/or noteworthy achievements that have proved to be of significant value to society., Who's Who in American Law , Marquis, 2019

Bar/Professional Activity:

  • Texas Bar Association , 2018
  • Louisiana State Bar Association – 2005 to present, Member - Committee on the Profession; Southeastern Admiralty Law Institute – 2016 to present; Federal Bar Association – 2016 to present, Member - Admiralty Committee; Association of General Contractors of Louisiana – 2016 to present; New Orleans Bar Association – 2005 to present; Federal Fifth Circuit Bar Association – 2017 to present; Mariners Club of the Port of New Orleans – 2017 to present; Houston Mariners Club – 2017 to present; American Bar Association, ABA- Tort, Trial and Insurance Practice Section: Vice Chair and Newsletter Chair – Corporate Counsel Committee – 2016 to present; Vice Chair- Business Litigation Committee – 2016 to present; Member- Standing Committee on Ethics and Professionalism – 2016 to present ABA GP, Solo and Small Firm Division: Chair- Construction Law Committee – 2016 to present; Southern Methodist University Cox School of Business Alumni Board – 2016 to present

Pro bono/Community Service:

  • Currently representing a client in a low bono arrangement in a breach of real estate purchase agreement action

Scholarly Lectures/Writings:

  • This article addressed the issue of abrogation and waiver of written contractual provisions by the parties and provided examples of recent cases reflecting that premise., Author, Actions Speak Louder than Words: Potential Waiver of Written Contractual Provisions , ABA GP Solo eReport, January 22, 2018, Construction, Litigation, 2018
  • This article addressed the growing jurisprudential trend of courts requiring a logical relationship between data reviewed by an expert witness and the ultimate opinion of the witness, Author, Failure to Extrapolate! Seventh Circuit Requires Experts Connect Data with Opinions , ABA Mass Torts Committee Newsletter, February 2016, Litigation, 2016
  • This presentation addressed the do's and dont's in preparing vessel boarding agreements., Sole Presenter, Vessel Boarding Agreements –What Every Owner Should Know , International Workboat Show, New Orleans, LA, December 2016, Maritime, 2016
  • This was a presentation given at the conference in New Orleans exploring strategies for defending the shipyard against defect claims by the owner., Sole Presenter, Defects Aboard! Defending Defect Claims in Vessel Construction Disputes , Construction Defect and Dispute Conference, New Orleans, Louisiana, January 2016, Litigation, Marine Construction, 2016
  • This article addressed a recent decision interpreting a liquidated damages provision in a construction contract., Author, Analyze This! Ohio Supreme Court Clarifies Analysis of Liquidated Damages Provisions, American Bar Association GP Solo eReport, Vol. 5, No. 12, Construction, Litigation, 2016
  • This panel presented bests practices for drafting agreements from different points of view., Panelist, Drafting IT Master Services Agreements: Guidance for Purchaser and Vendor Counsel , Strafford CLE, August 16, 2016, Legal, 2016
  • This was a presentation regarding recent developments in Louisiana Lien Law., Sole Presenter , Lien In: An Overview of the Current State of Louisiana Construction Lien Law, Louisiana Associated General Contractors Quarterly Meetings, Shreveport and Monroe, LA, June 2018, Construction, 2018
  • This article addressed recent jurisprudence on the establishment of specific and general jurisdiction and the consequences of lawyers not properly analyzing their basis for jurisdiction., Author, Specifically General or Statutory: Knowing Your Basis for Jurisdiction , ABA Mass Torts Committee Newsletter, March 2017, Litigation, 2017
  • This article addressed recent decisions reflecting heightening judicial scrutiny of non-competes that attorneys and their clients should be aware of in contract preparation., Author, The Ever-Changing Playing Field: Evolving Legislative and Judicial Scrutiny of Non-Compete Agreements, ABA TIPS Corporate Counsel Committee Newsletter, Summer 2017, Litigation, 2017
  • This article discusses noteworthy admiralty and maritime decisions issued by U.S. federal and state courts between October 1, 2015, and September 30, 2016. The selection of cases included in this survey reflects trends in the law, such as examination of Rule B attachment and maritime liens, several relevant criminal decisions, developments regarding marine insurance, and ongoing interpretation of the Limitation of Liability Act., Contributing Author , Recent Developments in Admiralty and Maritime Law, ABA Tort Trial & Insurance Practice Law Journal, Winter 2017, Vol. 52, Issue 2., Litigation, Maritime, 2017
  • This article addressed a recent decision rejecting mandamus as way to preclude escalating litigation costs, Author, Mandamn! Fifth Circuit Rejects Mandamus Relief for Litigation Costs – What Might the Future Hold?, ABA Section of Litigation Mass Torts Committee Newsletter, Fall 2017, Litigation, 2017
  • ..., Author, Gathering Intelligence: Considering issues posed by Blockchain and Smart Contracts, ABA TIPS Corporate Counsel Committee Newsletter, Winter 2018, Bitcoin, Business, Corporate, Litigation, 2018
  • This article provided guidance for understadning vessel boarding agreements and the consequences of not deleting the watercraft exclusion from any applicable insurance policies., Author , Misunderstood Vessel Boarding Agreements Can Cost You, WorkBoat (News for the Commercial Marine Industry),, Maritime, 2016
  • This article addressed the possibility of recovering maintenance and cure benefits obtained by fraud., Author, Fraud Firepower: An Avenue for Recovering Maintenance and Cure Benefits?, WorkBoat (News for the Commercial Marine Industry), Maritime, 2016
  • This article provided some best practices for dealing with the new proportionality requirement under Rule 26., Author, A Proportional Response? Practical Guidance for New Federal Rule 26, ABA Mass Torts Committee Newsletter, October 2016, Litigation, 2016
  • This article addressed the manner in which admiralty jurisdiction can be extended under the admiralty extension act., Author, Beyond Navigable Waters: A Look at the Concept of an Appurtenance and Jurisdiction Under the Admiralty Extension Act, ABA TIPS Admiralty & Maritime Law Committee Newsletter, February 2017, Maritime, 2017
  • This article addresssed recent decisions interpreting the direct threat doctrine and provided basic guidance for attorneys advising employers., Author , Threatened or Not? Recent Developments Under The American’s With Disabilities Act’s Direct Threat Doctrine, ABA TIPS Corporate Counsel Committee Newsletter, December 2016, Business, Litigation, 2016
  • In this program, myself and another attorney discussed their different takes on the possible consequences and implications of emerging issues in Maritime law.  This program covered the different standards for Seaman under the FLSA and the Jones Act, the possible expansion of products liability actions in admiralty, and the evolving test for the determination of a maritime contract as well as other emerging issues., Co-Presenter, Changes in the Tide: Differing Views on Emerging Issues in Maritime Law, Admiralty Law Committee Meeting for the New Orleans Federal Bar Association - July 18, 2018, Legal, 2018
  • This presentation addressed the application of La R.S. 9:2772 and the trouble in understanding some of the Louisiana state court decisions applying the law., Sole Presenter , Engagements, Deficiencies and Fraud: Examining the Scope of La. R.S. 9:2772, Construction Defect and Dispute Conference, New Orleans, October 2016, Construction, 2016
  • This panel showcased the advances in technology concerning demonstrative evidence and provided guidance for presenting such evidence in a simple yet entertaining and interesting manner. This program included examples of modern demonstrative presentations in commercial, construction, and aviation litigation and addressed different strategies for use at trial, arbitration, and mediation., Moderator, Seeing is Believing: Effective Use of Demonstrative Evidence in the Digital Age, ABA Joint Meeting of the Section of Litigation and GP Solo and Small Firm Division - May 2, 2019, Legal, 2019
  • A diverse panel of attorneys and judges discussed the use of pleadings to set up discovery, trial and settlement opportunities. There was also discussion of the ethical implications of aggressive pleadings and the boundaries of zealous client representation., Panelist, Scare ‘Em or Spare ‘Em? How Aggressive Should We Get in Pleadings?, ABA Annual Meeting - August 2, 2108, In House Counsel, Legal, 2018
  • In this program, the panel discussed the various claims that can arise under the LHWCA, specifically 905 (b) claims against a vessel owner and how the LHWCA applies through the Outer Continental Shelf Lands Act.  The panel discussed past and current cases showing discrete changes in the law and advised regarding potential strategies for prosecuting and defending such cases, Panelist, Navigating Longshore and Harbor Workers’ Compensation Act (LHWCA) and State Workers’ Compensation Claims, ABA TIPS Admiralty & Maritime Law Committee and Workers’ Compensation Committee Presentation - September 27, 2018, Insurance, Legal, Maritime, 2018
  • In this program, I discussed the various modes of alternative dispute resolution, effective strategies for getting the most out of each option in the most efficient manner and the likely future modes of adr and best practices for handling what is to come., Sole Presenter, Problem Solved! Effective Strategies for Getting the Most Out of Alternative Dispute Resolution, ABA GP Solo & Small Firm Fall Conference Innovation Lab Presentation - October 26, 2018, Legal, 2018
  • In this Lunch and Learn, I discussed the Fifth Circuit’s recent decision in In Re Larry Doiron, Inc., establishing a new test for the determination of a maritime contract as well as the court’s first subsequent decision applying the test.  This program will focused on the evolution of the determination of whether a contract is maritime and how the recent decisions potentially affect future decision and marine insurance as well the practices of claims personnel and attorneys., Sole Presenter, In the Wake of Doiron: The New Fifth Circuit Test for Maritime Contracts, The American Institute of Marine Underwriters Lunch and Learn Presentation - October 30, 2018, Insurance, Legal, Maritime, 2018
  • With technology developing at a rapid speed, it is necessary for legal practitioners to understand both the risks and benefits. The ABA Model Rules for Professional Conduct impose obligations on legal practitioners to be technologically competent. In the last couple of years data breaches have raised concern and has become a real threat to corporations and law firms of all sizes. As such, it is even more important for legal practitioners to take reasonable steps to address and respond to this growing problem to ensure compliance with their ethical obligations under the ABA Model Rules for Professional Conduct.  This panel explored numerous strategies to ensure compliance., Panelist, Mastering Ethical Issues in the Maritime Cyber Security Space, ABA TIPS Admiralty and Maritime Law Committee Admiralty Disruption Conference - March 22, 2019 , Maritime, 2019

Verdicts/Settlements:

  • Obtained bench verdict in an action to annul a previous judgment rendered in favor of a Louisiana real estate investor. The verdict included an award of attorneys fees after the action to annul was deemed baseless by the court., 2014
  • Obtained bench verdict on behalf of Texas Industrial equipment fabrication company for breach of contract and defective workmanship in the fabrication of boilers for the federal government., 2014
  • Appeared in litigation after default judgment was entered, and successfully set aside the judgment for over $1,000,000 on behalf of a Georgia solar technology company and its principal., 2016
  • Obtained a voluntary dismissal of numerous clients, including the vessel owner, in response to a motion for summary judgment in a case where plaintiff sought damages under the Jones Act, the Longshore Harbor and Worker’s Compensation Act and General Maritime Law., 2018
  • Obtained summary judgment on behalf of a regional environmental services company in a LHWCA 905 (b) action as well as a general maritime law negligence claim, 2018

Educational Background:

  • Louisiana State University – E.J. Ourso College of BusinessWorkboat Strategic Leadership Development Program – 2014 – 2015Loyola University New Orleans School of Law, New Orleans, LouisianaJuris Doctor – May 2005; Admitted in Louisiana, October 2005Honors and ActivitiesLoyola Moot Court Staff – Spring 2003 to Spring 2005 Recognized as a Distinguished Moot Court Senior – Spring 2005 Moot Court Teaching Assistant – Spring 2004Southern Methodist University, Dallas, TexasBachelor of Business Administration in Marketing, Cox School of Business, May 1999 Bachelor of Arts in History, May 1999

Industry Groups

  • Offshore Vessel Services
  • Oil & Gas
  • Terminal Operations
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Office Location for Matthew A. Moeller

650 Poydras Street
Suite 1207
New Orleans, LA 70130

Matthew A. Moeller:

Last Updated: 9/10/2019

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