D'Ann Penner

Top rated environmental litigation attorney in Port Allen, Louisiana

Clayton Frugé Ward
D'Ann Penner
Clayton Frugé Ward

Practice Areas: Environmental litigation, Energy & natural resources, Personal injury

Licensed in Louisiana since: 2014

Education: Loyola University New Orleans College of Law

Languages Spoken: English, Russian

Selected to Rising Stars: 2018 - 2023
Free Consultation

Clayton Frugé Ward

3741 Hwy 1 S
Port Allen, LA 70767 Phone: 877-880-3115 Email: D'Ann Penner Visit website

Details

D’Ann “Dee” Penner is a partner at Clayton, Fruge, Ward and Hendry Law.  From Tony Clayton's offices in Port Allen and New Orleans, she represents companies, state agencies safeguarding Louisiana's wildlife management areas, and landowners throughout Louisiana in various civil litigation matters. In particular, Dee focuses on the litigation portfolio of loss-of-wetlands cases she is working with Tony on behalf of the Louisiana Department of Wildlife and Fisheries (LDWF). These cases aim to require the pipeline companies that have breached their contracts with the Department to honor their word and restore the wetlands they have destroyed in various wildlife management areas and refuges.  

Along her path to a distinguished legal career, Dee traversed through rewarding careers as an academician and a narrator of present-day history in the making. Today, she pursues justice for the LDWF, the Louisiana Wildlife and Fisheries Commission (LWFC), landowners, business owners, injury victims, and other clients, often up against formidable forces from corporate and government entities. 

From a country upbringing in the Midwest to the halls of major state universities and stints as a researcher in the backwaters of Russia in the early days of the breakup of the Soviet Union, Dee quenched her thirst for knowledge with a drive to win in every undertaking. As a scholar, traveler, and teacher focusing on Russian history, language, and culture, Dee keenly appreciated people's deep connections to land and community. As a historian, she developed a talent for uncovering facts and storytelling.

Later, back in the United States, Dee parsed the real-life sagas of loss, grit, and recovery experienced by survivors of Hurricane Katrina on her path to book writing. In this role, Dee nurtured a deep respect for the priorities and values of hardworking Louisianans.

The daughter and granddaughter of small farmers, Dee is passionate about providing quality legal representation to landowners who have been wrongly deprived of their rights. She has litigated a wide variety of property-rights, breach-of-contract, and public-trust claims in state and federal courts. She has briefed appellate matters before the Louisiana Supreme court, Louisiana Circuit Courts of Appeal, and the U.S. Court of Appeals for the 5th Circuit.

Dee majored in history at California State University, Fresno, and she received a Bachelor of Arts summa cum laude in 1989. After obtaining a Master of Arts in history summa cum laude and a Doctor of Philosophy in history summa cum laude from the University of California, Berkeley, she became a tenured professor at The University of Memphis. She spent time as a visiting scholar at Columbia University before enrolling at Loyola University New Orleans College of Law and earned her Juris Doctor in 2012. Dee also holds a Master of Laws in energy and environment from Tulane Law School and a Master of Laws in litigation management from Baylor Law School.  The co-author of two books, Dee has also written two law review articles and seven articles for the Louisiana Association of Justice's monthly magazine.

A significant portion of Dee's practice entails business torts, environmental, and energy matters. She has worked on cases involving oil and gas lease disputes, pipeline rights of way, and property contamination. Dee has a traditional personal-injury litigation caseload as well. Admitted to practice in Louisiana, she is also admitted to practice before the U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana, the U.S. Court of Appeals for the 5th Circuit, and the U.S. Supreme Court.  

First Admitted: 2014, Louisiana

Professional Webpage: https://www.nolainjuries.com/meet-d-ann-penner/

Pro bono/Community Service:
  • Director of the Benjamin L. Hooks Institute for Social Change
  • Represented Karla Herrera in her successful bid for asylum in the United States based on her history as a victim of abuse in Honduras, 2016
Bar/Professional Activity:
  • American Association for Justice 
  • The Christian Trial Lawyers Association
  • Louisiana Association for Justice, Member
  • United States Supreme Court, 2017
  • A.P. Tureaud Inn of Court, Member, 2014 - present
  • Louisiana, 2014
  • U.S. District Court Eastern District of Louisiana, 2015  
  • U.S. District Court Western District of Louisiana, 2015
  • U.S. Court of Appeals 5th Circuit, 2015
  • Louisiana State Bar Association, Member, 2014 - Present  
  • U.S. District Court Middle District of Louisiana, 2015
Scholarly Lectures/Writings:
  • This article provides a succinct overview of the law on the intentional act exclusion to employers' tort immunity in the Louisiana Worker's Compensation Act., co-author, The intentional act exclusion and emploeyrs' tort immunity, Advocates, Employees, Judges, Plaintiffs' Lawyers, 2021
  • This article summarizes the current state of the law of trespass in Louisiana as it applies to canals that exceed the right-of-way agreements through the wetlands off the shores of Louisiana., Co-Author, New Developments in Trespass Law & Coastal Restoration Cases, Advocate, Judges, State Agencies, Landowners, And Coastal Governments, 2022
  • This article summarizes the law on pipeline companies' duties to keep canals they dredged to lay their pipelines through the marshes protecting the coast of Louisiana to the agreed-upon widths specified in the right-of-way agreements with the landowners., co-author, Land-loss cases and the question of duty, Advocate, Judges, Landowners, Plaintiffs' Lawyers, And Coastal Governments, 2022
  • This article discusses how the ecosystem valuation method works and why it more accurately captures the value of something invaluable like the wetlands., Author, Land-Loss Litigation and Roman Catholic Church, Advocate, Judges, Eminent Domain Lawyers, Landowners, And Coastal Governments, 2021
  • Reversing Coastal Land Loss: Economic, Legal, and Policy Considerations, 61 Loy. L. Rev. 525, 2015
  • Associate Professor, University of Memphis, Department of History
  • Legacy Litigation in Louisiana, Loyola University (Mark Surprenant), 2014
  • Legacy Litigation: What is Reasonable Behavior in the Oilfield?, 28 TUL. ENVTL. L. J , 2, 2015
  • Overcoming Katrina, Palgrave Press, 2009  
  • The Lessons of Overcoming Katrina, Congressional Hill Lecture, 2010  
Verdicts/Settlements:
  • Lake Charles Rubber and Gasket, LLC v. Gulf Coast Rubber and Gasket, LLC; Third Circuit (20-357) amended the trial court verdict to award LCRG $3,850,046 for lost earnings, $8,024,746 for unjust enrichment, treble damages, reasonable attorney fees, and all court costs; also awarded Mrs. Johnston $2,702.157, treble damages, reasonable attorney fees, and costs. Pending before the Louisiana Supreme Court, 2021
  • Stansbury v. Plaza Insurance Company:  tried to verdict in front of a jury; side-swipe accident; 1 million dollar verdict, 2019
Honors/Awards:
  • Top 10 Business Torts, National Trial Lawyers, 2021
  • , Top 10 Business Torts, National Trial Lawyers, 2022
  • Thought Leadership Scholarship, Baylor Law School, 2021
  • , Thought Leadership Scholarship, Baylor Law School -- Litigation Management LLM Program, 2020
  • , Thought Leader Scholarship, Baylor Law School -- Litigation Management LLM Program, 2021
  • Cali Award for Highest Grade in Advanced Oil and Gas Law taught by Loulan Pitre, 2014
  • Top Young Lawyers in Louisiana, American Registry, 2020
  • Top 100 Civil Trial Lawyers in Louisiana, National Trial Lawyers, 2020
  • Louisiana Super Lawyers' Rising Stars, 2018-2020
  • Loyola University New Orleans College of Law, New Orleans, Louisiana, Highest Grade in Toxic Torts Seminar (Mark Surprenant)
  • Cali Award for Highest Grade in Toxic Torts taught by Mark Surprenant, 2011  
  • Loyola University New Orleans College of Law, New Orleans, Louisiana, Scholarship, 2009-2012
Representative Clients:
  • Indian Harbor Insurance Company in a pollution policy dispute with Texas Brine Company, 2022
  • Ferlandious Patterson in a personal injury case against a commercial driver, 2022
  • Brooke Tucker in a premises liability case involving a defectively maintained escalator, 2022
  • Shirley Jackson in a personal injury case against a commercial truck driver, 2022
  • Diamond Lumber Co., Inc. in a pipeline trespass case against Gulf South., 2021
  • Louisiana Department of Wildlife and Fisheries, 2022
  • Jeff Faulk in a right-of-way negotiation with Entergy., 2021
  • Plaintiffs in a multi-fatality railroad crossing collision case in New Iberia, 2020
  • Rockefeller Family Fund in a research project on landowner rights in Louisiana, 2020
  • Charles F. Miller Family Group, LLC in a pipeline trespass case against Air Liquide Large Industries US LP, 2020
  • Lake Charles Rubber & Gasket, LLC and Vesta Johnston in an unfair trade practices and uniform trade secrets case involving the misappropriation of 14,532 business files by a departing employee, 2017
  • Mary Huggins in a pipeline trespass case against Air Liquide Large Industries US LP, 2020
  • Luther Comardelle and Adam O. Dufrene family in a pipeline trespass case in Lafourche Parish against Azimuth Energy and Gulf South Pipeline Company LP, 2018
  • Stevens v. BNSF Railway Company, et al -- Alan Stevens was seriously injured when the SUV he was driving stalled on the tracks and the oncoming train collided with his SUV, which then struck him and propelled him through the air into the ditch., 2019
Educational Background:
  • LLM in Litigation Management from Baylor University , 2022
  • University of California at Berkeley, Berkeley, California, M.A., Major: History, 1991
  • Tulane Law School, New Orleans, Louisiana, LL.M., 2015
  • University of California at Berkeley, Berkeley, California, Ph.D., summa cum laude, Major: History, 1995
  • California State University at Fresno, Fresno, California, B.A. summa cum laude, Honors: Outstanding Senior in History, Major: History, 1989
Industry Groups:
  • drivers
  • Landowners
  • Louisiana Department of Wildlife and Fisheries
  • Small Businesses
  • Workers

Office location for D'Ann Penner

3741 Hwy 1 S
Port Allen, LA 70767

Selections

6 Years Rising Stars
  • Rising Stars: 2018 - 2023

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See legal Q & A provided by D'Ann Penner

Q: What types of maritime worker injuries typically qualify for compensation under federal maritime law in Louisiana?

A: Federal maritime law – also called admiralty law – covers many types of workers, includingoffshore oil workers, commercial divers, commercial … See all answers by D'Ann Penner

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