David R. Kelly Partner—Baton Rouge Phone: 225.381.8023 Fax: 225.381.8029 Email: david.kelly@bswllp.com

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David is an AV rated litigation partner in the Baton Rouge office of Breazeale, Sachse & Wilson, L.L.P. David's principal areas of practice include defense of class actions and multi-joinder claims and personal injury and product liability claims, insurance policy disputes, including claims under ERISA, intellectual property claims, business disputes, insurance regulatory matters and state, local and federal tax disputes. David has tried over 100 cases to verdict in state and federal courts and has handled appeals before all of the Louisiana courts of appeal, the Louisiana Supreme Court, and the United States Court of Appeals for the Fifth Circuit. He has also represented clients before the Board of Tax Appeals, the Departments of Revenue and Insurance and the Division of Administrative Law, and has been lead chair in a number of extended mediation and arbitration disputes.

David is listed in the 2009 Nationwide Tax Lawyer edition of "Superlawyers."

Education

Admitted to practice: 1982, Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Fifth and Eleventh Circuit Court of Appeals

Paul M. Hebert Law School, Louisiana State University, J.D., 1982

Louisiana Tech University, Ruston, Louisiana, B.S., Accounting, 1979

Professional Associations

American Board of Trial Advocates; Louisiana Chapter

Baton Rouge Bar Association

Louisiana State Bar Association

American Bar Association, Member: Committee on Torts, Committee on Insurance Practice, Committee on Intellectual Property Law; Chair: Litigation Section, State & Local Taxation Sub-Committee

Defense Research Institute

Louisiana Association of Defense Counsel

Louisiana Hospital Association

Publications and Presentations

ABA Section of Taxation Mid-year Meeting 2009: "Removal of State and Local Tax Disputes to Federal Court"

ABA Section of Taxation Joint Fall CLE Meeting 2003: “State Tax Litigation: Eleventh Amendment Limitations on State Taxation: The Impact of Seminole Tribe”

ABA Section of Taxation May Meeting, 2003: “State Tax Litigation: A Potpourri of Common and Interesting Issues”

ABA Section of Taxation, 2002 Fall Meeting: The Privileged Few: Determining, Defending and Defeating Claims of Privilege.

ABA Section of Taxation, 1997 Annual Meeting: Panel Discussion: Use of Experts in State and Local Tax Controversies.

Deposition Tactics and Strategy Seminar sponsored by Lorman Business Institute.

Advanced Workers' Compensation Seminar sponsored by National Business Institute.

Medico Legal Cardiac Pulmonary Resuscitation and Emergency Cardiac Care Seminars to local hospitals.

Community Involvement

Cancer Services of Greater Baton Rouge, Board Member, 2003-Present

Member, Chairman's Council of the Greater Baton Rouge Chamber and Graduate of the Chamber’s Leadership Class of 2001

Baton Rouge Green, Past Board member and Past President

Representative Matters

David has argued a number of cases before the Louisiana Supreme Court on issues including:

1. Constitutionality of Louisiana's asbestos abatement statute vis-a-vis revival of a prescribed cause of action.  Cameron Parish School Board v. ACandS, Inc., 687 So.2d 84, 96-0895 (La. 1/14/97);

2. Taxation of two by-products of the crude oil refining industry, e.g., coke-on-catalyst and refinery gas.  State v. BP Exploration & Oil, Inc., 686 So.2d 823 (La. 1997);

3. State Department of Highway's responsibility for auto accident on newly constructed section of highway. Shephard on Behalf of Shephard v. Scheeler, 701 So.2d 1308 (La. 1997); and

4. Retroactive application of mandated benefits to existing group insurance policies under amendment to Insurance Code.  In re: Louisiana Health Service & Indemnity Co. d/b/a Blue Cross Blue Shield of Louisiana, 749 So.2d 610, 98-3034 (La. 1/17/99).

David led the litigation team in defense of Shell Oil Company and related companies, against an alleged multi-million dollar tax liability by the St. Charles Parish School Board.  After a motion for summary judgment was granted dismissing a portion of the case, a verdict for the defense was rendered as to the disputed taxes after a two-day bench trial in federal court.  St. Charles Parish School Board v. Shell Oil Company, et al, 435 F.Supp.2d 531 (E.D. La. 2006); St. Charles Parish School Board v. Shell Oil Company, et al, 2007 U.S. Dist. Lexis 41183.

David was lead counsel in 2002 federal court litigation involving a putative class action filed by first party contract holders seeking to establish class claims for diminution in value property claims; obtained early judgment granting motion to dismiss for failure to state a claim.  Manguno v. Prudential Property & Cas. Ins. Co., 276 F.3d 720 (5th Cir. 2002).

David obtained a plaintiff-take-nothing jury verdict in 36 minutes after a one week products liability trial alleging a defect in an amusement ride in Lake Charles, Louisiana.

David successfully argued motions in limine to exclude testimony of expert witnesses, including a 2003 judgment excluding plaintiffs' toxicologist and neuropsychologist tendered in support of a class action toxic tort claim in Gretna, Louisiana.