James M. Matherne

James M. Matherne was admitted to the Louisiana Bar in 1999 and the Mississippi Bar in 2004. He is admitted to practice before all federal and state courts in Louisiana and Mississippi, the United States Supreme Court and the United States Court of Appeals for the Fifth Circuit.

His education was at Louisiana State University where he graduated in 1993 with dual Bachelors of Arts degrees in Political Science (American Government curriculum) and Sociology (Law curriculum); and Loyola University (J.D. 1997). While earning his J.D., he interned with the Supreme Court of Louisiana from 1995-1997 where he assisted the Court in setting up its initial computer legal research systems. Upon graduation he served as law clerk to the 17th Judicial District Court of Louisiana from 1998-1999 where he assisted the Court with all aspects of trials and litigation including Clarice Friloux, et al. v. Exxon Corporation and Campbell Wells Corporation landmark toxic tort litigation.

James has over 20 years of successful litigation practice including:

Toxic Tort: asbestos (class action, state court, federal maritime and land-based multi-district litigation), Manganese (state and MDL), Silica, CCA treated-wood, NORM, lead and oilfield waste, numerous chemical exposure and hazardous waste cases.

Insurance Defense: product liability, coverage, premises, auto, commercial auto and truck liability.

Admiralty and Maritime: Jones Act and maritime personal injury, Longshore and Harbor Workers’ Compensations Act Claims, collision and allision, product liability, charter agreements and master service agreements.

Noteworthy cases and decisions:

Organized sub-set of manufacturer defendants and insurers into a joint defense agreement to protect their interests against plaintiffs and adverse co-defendants in putative class action against CCA treated wood industry. Secured pre-certification hearing dismissals which facilitated removal by remaining defendants.

Miller v. Home Depot, 199 F.Supp.2d 502 (W.D.La.2001)
Ardoin v. Stine Lumber Co., 298 F.Supp.2d 422 (W.D.La.2003)

Represented sub-set of over two dozen manufacturer defendants in a Joint Defense Group which successfully leveraged plaintiffs and adverse co-defendants on liability issues while producing substantial litigation savings through cost-sharing in the Ohio Maritime Asbestos Litigation Docket (“MARDOC”).

Asbestos Products Liability Litigation 2 MDL 875
United States District Court for the Northern District of Ohio

Successfully defended product manufacturer from hundreds of Mississippi state court and Federal MDL toxic exposure claims in welding consumables litigation by acquiring wide scale pre-trial dismissals, voluntary and through contradictory motion.

Jowers v. Lincoln Elec. Co., 2008 WL 183398 N.D.Ohio, 2008.
Welding Fume Products Liability Litigation 1:03‑cv‑17000 MDL 1535
United States District Court for the Northern District of Ohio, Eastern Division