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Nancy J. Marshall

Nancy J. Marshall Partner
(504) 593-0602
nmarshall@dkslaw.com

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Nancy Marshall practices in the area of professional liability law, and is co-head of Deutsch, Kerrigan & Stiles' professional liability & commercial law department. In particular, she concentrates on defending legal malpractice claims, representing the endorsed insurer for the Louisiana State Bar, among other insurers. She was a member of the ABA Standing Committee on Lawyers Professional Liability from 2000-2003. Ms. Marshall also represents other professionals, including insurance agents and brokers, real estate brokers, nurses, nursing homes, home health care facilities, accountants and termite protection providers.

Ms. Marshall additionally practices in the areas of toxic torts, personal injury and professional liability. Her experience includes representing the manufacturers of three- and four-wheelers, motorcycles, personal watercraft, light truck wheels, airless spray guns, pesticides, guniting equipment and golf course trenching equipment, as well as representing various trucking and rental car companies. She was appointed to the Products Liability Advisory Council in 1990, after nominations for her membership were submitted by Kawasaki Motors Corporation and The Budd Company.

Ms. Marshall has spoken at professional seminars on several occasions. She presented on the amendments to the Federal Rules of Civil Procedure at the American Bar Association's 1995 National Legal Malpractice Seminar in Tempe, Arizona, and spoke on third-party liability for the Association of Defense Council of Arkansas. She has also presented on the use of accident reconstructionists, and has spoken at numerous seminars in New Orleans, the most recent being a seminar on civil pre-trial procedure sponsored by the federal judges.

Personal Injury/Products Liability Experience

Ms. Marshall successfully represented a pesticide manufacturer in a lawsuit where a child's death by rhabdomyolysis was alleged to have been caused by exposure to the pesticide. The lawsuit was dismissed with no payment by the manufacturer. Ms. Marshall has also defended cases involving chlorine exposure and 1-1-1 trichloroethane, and has been involved in breast implant litigation.

Representative cases also include a two and one-half week jury trial in Baton Rouge, Louisiana, representing a trucking company. The plaintiff claimed injuries of TMJ, cervical, lumbar and knee injuries, with resultant surgery for carpal tunnel syndrome and the knee injury, and medical bills in the amount of $70,000. The plaintiff was awarded only $8,000, and Ms. Marshall's client was relieved of any responsibility for the award by the Court of Appeal on an insurance coverage issue.

Ms. Marshall also tried a three-week products liability jury trial in Baton Rouge, involving a motorcyclist's death due to an allegedly defective motorcycle helmet, and resulting in a defense verdict. Additionally, she handled a jury trial in the Parish of Orleans involving alleged negligent operation of an 18-wheeler that pinned a car driven by an elderly preacher, who claimed extensive neck injuries. The jury awarded $150.00 to the plaintiff.

Other notable cases include a successful two-week jury trial in 1987 defending an all terrain vehicle manufacturer, and a successful defense verdict in an Orleans Parish products liability case involving a jet ski.

Professional Liability Experience

Ms. Marshall has successfully defended numerous legal malpractice cases involving issues of attorney liability to third parties, including a defense verdict in a legal malpractice case in Federal Court for the Eastern District of Louisiana for alleged malpractice in the handling of the underlying trial. She has also handled defamation and prescription (statute of limitations) issues where the trial court granted motions for summary judgment which were affirmed by the appellate courts, and has handled RICO cases and cases involving abandonment or missed deadlines where the underlying case was tried with the malpractice case.

In January 1999, she successfully defended a two-week medical malpractice jury trial in New Iberia, Louisiana. The case arose out of the death of a 19-year-old from a closed head injury, with allegations of failure to properly diagnose, monitor and treat the patient. Ms. Marshall represented the ICU nurse in charge of the patient.

Public Service

Ms. Marshall is a board member of both Crescent Academy and Wilson School, and is a board member for Odyssey House, a nonprofit behavioral health care provider with an emphasis on addiction treatment. She was previously on the Board of St. Andrew's Episcopal School from May 2003 to May 2006, and was a Vestry member of St. Andrew's Episcopal Church.

In April 2006, Ms. Marshall was elected Assessor of District 6 in New Orleans. Marshall ran as part of the "I.Q. Ticket," vowing to work towards consolidating the city's seven assessor offices into one, as well as refusing to personally accept a salary or participate in the generous assessors retirement program. Her salary was donated for the purchase of eighty XO laptop computers, one to every 3rd, 4th and 5th grade student of Wilson Charter School.

Professional Activities and Honors
"Louisiana Super Lawyers" List, 2007-2010
"The Best Lawyers in America" List, 1999-2010
Leadership in Law: Top 50 Lawyers in New Orleans, 2007
Association of Women Attorneys' Special Recognition Award, 2007
American Bar Association
Louisiana State Bar Association
Products Liability Advisory Council
Louisiana Association of Defense Council
Editorial Subcommittee for Standing Committee on Lawyers Professional Liability

Education
J.D., cum laude, Tulane University, 1980
B.S., Mathematics, Tulane University, Sophie Newcomb College, 1976
L.L.M., Environmental Law, in progress
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