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Howard B. Kaplan

hkaplan@bcedlaw.com

OVERVIEW:

Mr. Kaplan is a partner in the Metairie office.  He has been with the firm since 1985.  Prior to joining the firm, he was a law clerk for Justice Fred Blanche at the Louisiana Supreme Court from 1984 to 1985.  He specializes in insurance defense, products liability and appellate advocacy.

 
  • »Admissions/Affiliations:
  • Mr. Kaplan is admitted to practice before the Supreme Court of the United States, the Fifth Circuit Federal Court of Appeal, all Louisiana Federal District Courts, Louisiana state district courts and all Louisiana state appellate courts.  He is a member of the Louisiana State Bar Association, the Jefferson Parish Bar Association and the United States Fifth Circuit Bar Association.
  • »Education:
  • Louisiana State University, B.S., 1981
  • Louisiana State University, J.D., 1984
  • »Memberships:
  • Louisiana Association of Defense Counsel | Louisiana State Bar Association | Jefferson Parish Bar Association | International Association of Defense Counsel
  • »Reported Cases: 
  • Dupree v. Lafayette Ins. Co., 09-2602 (La. 11/30/10), 51 So.3d 673.  Hurricane Katrina class action reversed on appeal.
  • Audubon Orthopedic & Sports Medicine, APMC v. Lafayette Insurance Co., 09-007 (La.App. 4th Cir. 4/21/10), 38 So.3d 963.  Reversal of increased damages and favorable ruling on penalty calculation.
  • Musmeci v. Schwegmann Giant Supermarkets, Inc.,  332 F .3d 339 (5th Cir. 2003)
  • Daye v. General Motors Corporation,  720 So.2d 654 (La. 9/9/98) and 712 So.2d 120, 29, 118 (La.App. 2nd Cir. 5/21/97)
  • Williams v. General Motors Corporation,  639 So.2d 275 (La.App. 4th Cir. 2/11/94)
  • Lawrence v. General Motors Corporation,  73 F.3d 587 (5th Cir. 1996)
  • Sher v. Lafayette Insurance Co., 07-2441 (La. 04/08/08), 988 So.2d 186
  • Chalmette Retail v. Lafayette Insurance Company, 09-0217 (La.App. 4th Cir. 10/16/09), 21 So.2d 485
  • »Trials:
  • Naquin v. Lafayette Insurance Company, et al, 24th Judicial District Court, State of Louisiana, 664-847.  A week-long trial in February of 2015 arising from a motor vehicle accident in which liability was stipulated to prior to trial and punitive damages were sought for intoxication.  The jury returned a verdict in favor of defendants on the intoxication claim and awarded plaintiff less than $200,000 after plaintiff sought a judgment of multiple millions and would not drop his demand below a million dollars prior to trial.  The verdict was not appealed.  This case was tried by Howard Kaplan and Mike Robertson.
  • Arthel Scheuermann v. Lafayette Insurance, Civil District Court, Parish of Orleans, No. 07-10629. Business  income loss claim. Defense verdict.
  • Silva v. Enercept, Inc., United States District Court, Eastern District of Louisiana. Fraudulent contractor - defense verdict
  • Young v. Lafayette Insurance Co., 24th Judicial District Court, Parish of Jefferson.  Katrina damage claim alleging property damage.  Jury only awarded extremely minimal amount.  Case tried by Frank Davis, David McDonald and Howard Kaplan.
  • Premium Medical Properties, L.L.C. v. Lafayette Insurance Company, Civil District Court, Parish of Orleans.  Katrina property damage claim.  Jury verdict for plaintiff.  However, jury awarded significantly less than amounts sought by plaintiff.
  • Audio Resource v. Lafayette Insurance Company, 19th Judicial District Court for the Parish of East Baton Rouge. Katrina property damage claim.  Jury returned a defense verdict.  Case tried by Howard Kaplan and David McDonald.