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John T. Andrishok
John T. Andrishok

John T. Andrishok

Partner - Baton Rouge

John’s principal area is construction law and construction litigation. His practice also includes labor and employment and oil and gas litigation. John is an active member of Associated Builders and Contractors and Louisiana Associated General Contractors and has litigated construction matters throughout the Gulf South. He represents all aspects of the construction industry including public and private owners, general contractors, subcontractors, suppliers and design professionals. His experience includes heavy highway, industrial, commercial and residential projects. He also devotes a substantial part of his practice to contract enforcement, claim development and lien issues. John also assists in drafting drilling contracts. He also has extensive experience in the litigation of contract disputes amongst contractors and operators. With respect to Labor and Employment, John has successfully obtained defense dismissals in numerous discrimination cases, including claims under the Americans with Disabilities Act, race and sex discrimination claims under Title VII of the Civil Rights Act, COBRA and ERISA. He also has devoted a significant portion of his practice to traditional labor issues, including conducting union avoidance training, the defense of unfair labor practice charges and proceedings before the National Labor Relations Board and he has lead companies in union contract negotiations. John is a frequent lecturer on construction and labor and employment matters.

John is recognized in Chambers USA: America's Leading Lawyers for Louisiana in the area of Construction since 2012.

Education

Paul M. Hebert Law Center, Louisiana State University, J.D., 1997 (Semi-finalist, Robert Lee Tullis Moot Court Competition, Member of Appellate Advocacy Board)

Louisiana State University, B.S., 1993

Admissions

Louisiana State Courts, Eastern, Middle & Western Districts of Louisiana, Eastern and Western Districts of Arkansas and Northern District of Florida,1997

Professional Associations

Louisiana Bar Association, Labor and Employment and Tort Sections

Federal Court Bench Bar Liaison Committee

Baton Rouge Bar Association

Associated Builders and Contractors, Pelican Chapter

ABA Construction Forum

Special Advisor, Louisiana State Law Institute, Security Devices Committee

Honors and Awards

Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana in the area of Construction since 2012.

AV® PreeminentTM Peer Review Rated.

Selected by his peers for inclusion in The Best Lawyers in America®, 2017

Publications

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Representative Matters

Construction

  • Represented manufacturer of soil stabilization production in defense of suit involving complex design and construction issue filed by mall developer in Harrison County, Mississippi.
  • Represented national highway contractor in defense of claim by earth subcontractor. Filed counterclaim and obtained over $1 million judgment against subcontractor and surety after multi-week arbitration.
  • Successfully represented a Florida public university in a multi-million dollar construction arbitration involving complex design and construction defects leading to moisture intrusion and mold damages.
  • Represented local general contractor in breach of contract action against owner of local recording studio which ultimately resulted in large judgment and successful collection after extended litigation over the seizure and subsequent sheriff’s sale of the studio.
  • Represented national highway contractor in defense of breach of contract claims brought by a trucking contractor in Federal Court in El Dorado, Arkansas. Obtained defense judgment after a full trial on the merits and was subsequently awarded attorneys fees and costs incurred in the proceedings.
  • Represented national highway contractor in defense of breach of contract claims brought by a trucking subcontractor in Federal Court in Jonesboro, Arkansas.
  • Represented local general contractor in successful challenge to the award of a public contract.
  • Successfully represented design professional in action against a Louisiana Indian tribe for amounts due in connection with the design of a museum.
  • Obtained large settlement as a result of federal litigation instituted on behalf of Lafayette based drilling contractor against operator.
  • Represented local general contractors and their sureties in defense of numerous new home warranty act claims which involved issues including water intrusion, structural defects, and EIFS/Stucco construction.
  • On behalf of local drilling contractor, filed several liens under the Louisiana Oilfield Lien Act and subsequently sought their enforcement.
  • Represented numerous contractors and subcontractors in defense of citations issued by the State Licensing Board for Contractors and the State of Louisiana Plumbing Board.
  • Represented an international shipbuilding and repair company in defense of property damage claims allegedly arising out of faulty repairs. Obtain summary judgment in the Civil District Court in New Orleans dismissing all claims against client.

Labor and Employment

  • Represented international chemical producer in defense of two Americans with Disabilities Act cases filed in the United States District Court, Middle District of Louisiana.  In both cases, Plaintiffs sought multi-million dollar verdicts.  Successfully defended both cases, obtaining a complete dismissal in the first by way of summary judgment.  The second case was tried before a federal court jury and resulted in a defense verdict.
  • Represented local tank cleaning company in defense of sexual harassment claims.
  • Represented international navigational electronics company in defense of claims of disparate treatment, failure to promote, and unequal pay under the Equal Pay Act and Title VII.  Summary judgment was granted in favor of the employer, dismissing all of the significant claims, thereby resulting in a nominal settlement prior to trial.
  • Obtained summary judgment in favor of international shipbuilding company in two separate race discrimination claims filed in the United States District Court, Eastern District of Louisiana and Twenty Fourth Judicial District Court, Jefferson Parish.
  • Successfully defended local electrical company in defense of failure to hire and failure to consider for hire claims by International Brotherhood of Electrical Workers in proceedings before the National Labor Relations Board.
  • Successfully obtained the dismissal of numerous unfair labor practice charges filed by various unions against plumbing contractors, electrical contractors, and highway contractors.
  • On behalf of national highway contractor, successfully obtained an injunction upheld on appeal, prohibiting the State of Louisiana, Department of Transportation and Development from disclosing to unions unredacted employee lists submitted pursuant to the Davis Bacon Act.
  • On behalf of various employers, responded to and obtained the dismissal of numerous charges of discrimination filed with the Equal Employment Opportunity Commission.
  • Obtained summary judgment on behalf of local automobile dealership dismissing claims by a former employee under the Consolidated Omnibus Reconciliation Act (COBRA).
  • Obtained summary judgment on behalf of local industrial contractor dismissing an employee’s claims of retaliation for filing a worker’s compensation claim.
  • Obtained dismissal of race discrimination claims filed in the United States District Court, Western District of Louisiana against national highway contractor.
  • Argued before the Louisiana Supreme Court and United States Court of Appeal, Fifth Circuit regarding various labor and employment matters.
  • Successfully argued numerous matters before the First and Third Circuit Courts of Appeal, State of Louisiana in connection with various matters, including labor and employment matters.
  • Served as appeal counsel for local automobile dealership in appeal of judgment in excess of one million dollars rendered in connection with claims of sexual assault and harassment by a former employee.
  • Obtained defense dismissal of ERISA claims by union retirement and health insurance funds in the United States District Court, Eastern District of Louisiana.

Reported Cases

  • Becht v. Morgan Buildings & Spas, Inc., 2001-1091 (La. App. 1 Cir. 6/21/02), 822 So.2d 56.
  • Becht v. Morgan Buildings & Spas, Inc., 2002-2047 (La. 4/23/03), 843 So.2d 1109.
  • Smith v. Amedysis, Inc., 298 F.3d 434, 89 Fair Emp. Parc. Cas. (BNA) 874 (5th Cir. 2002).
  • Voisin v. Georgia Gulf Corp., 245 F.Supp. 2d 856 (M.D. La. 11/4/02).
  • Samour v. Louisiana Casino Cruises, Inc., 2001-0831 (La. App. 1 Cir. 2/27/02), 818 So.2d 171.
  • Hargrove v. Missouri Pacific Railroad, 2000-0228 (La. App. 3 Cir. 1/1/001), 780 So.2d 454.
  • Harp v. Pine Bluff Sand and Gravel Company, 1998-1634 (La. App. 3 Cir. 11/24/99), 750 So.2d 226.
  • Angelo Iafrate Construction, L.L.C. v. State ex rel. Department of Transportation and Development, 2003-0892 (La. App. 1 Cir. 5/14/04), 879 So.2d 250.
  • Vitale v. Georgia Gulf Corporation, 82 Fed Appx. 873, 2003, WL 22922292 (5th Cir. 2003).
  • J.D. Fields & Co., Inc. v. Nottingham Coast. Co., LLC, 2015 CA 0723 (La App. 1 Cir. 11/9/15); 2015 WL 687515.
  • TCC Contractors, Inc. v. Hospital Service District No. 3 of the Parish of Lafourche, 2010 CA 0685 (La. App. 1 Cir. 12/8/10); 52 So.3d 1103.
  • Hartec Corp. v. GSE Associates, Inc., 2012 WL 600611, (La. App. 1 Cir. 2/24/12); 91 So.3d 375.
  • State Machinery & Equipment Sales, Inc. v. Iberville Parish Council, 2005 CA 2240 (La. App. 1 Cir. 12/28/06); 952 So.2d 77.