David R. Kelly
Partner - Baton Rouge
- T: 225.381.8023
- F: 225.381.8029
Class Action, Mass Tort & Multi-District Litigation
Environmental, Energy & Natural Resources
Paul M. Hebert Law School, Louisiana State University, J.D., 1982
Louisiana Tech University, Ruston, Louisiana, B.S. Accounting, 1979
Admitted to practice: 1982, Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Fifth and Eleventh Circuit Court of Appeals
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; Litigation Section, State & Local Taxation Sub-Committee
Louisiana Association of Defense Counsel
Cancer Services of Greater Baton Rouge, Past Board Member and Member of Executive Committee, 2003-2009
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
Baton Rouge Symphony Association, Past Board member and Past Executive Committee Member
Honors and Awards
AV® PreeminentTM Peer Review Rated.
Listed in Louisiana Super Lawyers in the area of Tax
Selected by his peers for inclusion in The Best Lawyers in America® 2016, 2017
Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana in Corporate/M&A, 2016
- “La. Supreme Court Protects Taxpayers From Creeping Rental Taxes” January 2015
- “Preserve Your Louisiana Income Tax Refund Claim Now” June 2014
- “Filing a Sales Tax Refund Claim Did Not Interrupt Prescription For Unpaid Taxes” May 2014
- “Did you purchase a flex fuel vehicle between 2010 and July 2013? If so, you may be entitled to an income tax credit after all.” May 2014
- “UPDATED Louisiana Tax Amnesty of 2013” June 2013
- “Attention Louisiana Individual Income Payers for Tax Years 2010, 2011 and 2012” May 2013
- 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.
- Accountant Malpractice in the 90's, Presented to local AICPA chapter.
- David has argued a number of cases before the Louisiana Supreme Court on issues including:
- Challenge to State and Local Tax codes requirement to maintain "suitable records" or as ambiguous and presumption of taxes. Yesterdays v. Calcasieu Parish Sales and Ues Tax Sept., 190 So.3d.710 (LA 5/13/16).
- 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);
- 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);
- 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 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.
- David has first chaired over 35 statewide, nationwide and multi-district class action matters in state and federal court dealing with issues ranging from alleged mass toxic fume exposures and damages from hurricane related flooding, to claims for insurance coverage for admissions to Skilled Nursing Facilities and allegations of fraudulent misrepresentations in the taking of applications for insurance.