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Ben Slater, III

Office Managing Partner 
601 Poydras Street
Suite 2200
New Orleans, LA 70130
 
Tel:
504.586.1241
Fax:
504.584.9142
 
 

In over 30 years of practice, Ben has represented a broad array of clients across several industries. Ben has significant railroad experience, working on behalf of multiple Class 1 railroads where his litigation practice has ranged from the defense of employee personal injuries to the defense of CERCLA actions, real property title disputes, and commercial claims. In addition to litigation, he has provided counseling on a wide range of matters including contract and real estate issues. He has served as Division Counsel for Louisiana to Norfolk Southern and its affiliates for over twenty years.

Ben has also defended numerous mass tort cases and enjoyed considerable success in defeating class certification in numerous jurisdictions.
In the area of environmental law, Ben successfully tried to verdict (both bench and jury trials) a number of claims under pre-1990 CGL policies for reimbursement of clean-up costs against both foreign and domestic insurers and recently concluded a substantial CERCLA cost recovery action brought by the State of Alabama in the Southern District of Alabama. Ben has litigated many commercial cases on behalf of individual and corporate clients.
 
Representative Experience
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Kieta Alexander, et al v. Norfolk Southern Corporation, et al, 82 So.3d 1234 (La. May 9, 2012).
 
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Bret Freeman v. Norfolk Southern Corporation, et al, 130 S.Ct. 203, 175 L.Ed.2d 125, 78 USLW 3144, 78 USLW 3175.
 
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John Riley, et al. v. Alabama Great Southern Railroad Company, Civil District Court, No. 2002-08256 (Denial of Class Certification).
 
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Cynthia Turnage, et al. v. Norfolk Southern Corporation, USDC, E.D.TENN, No. 03-341; affirmed 307 Fed. Appx. 918 (6th Cir. 2009), 72 Fed.R.Serv.3d 774 (6th Cir. 2009); writs denied 2009 WL 140479 (C.A.6. (Tenn.)) 130 S.Ct. 203.
 
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Beaty Chevrolet Company v. Norfolk Southern Railway Company, 214 Fed.Appx.563 (Tenn. App. 6th Cir. 2007).
 
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In re: Al Copeland Enterprises, Inc., Chapter 11 Case No. 91-12575, U.S. Bankruptcy Court, Western District of Texas, Austin Division (3 month adversary proceeding trial).
 
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Alvin C. Copeland, et al. v. Merrill Lynch & Co., Inc., et al., USDC, EDLA, No. 92-0570 "S".
 
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Galjour v. General American Tank Car Corp., 769 F. Supp. 953 (E.D. La. 1991).
 
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Galjour v. General American Tank Car Corp., 764 F. Supp. 1093 (E.D. La. 1991).
 
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Adams v. CSX, 615 So.2d 476 (La. App. 4th Cir. 1993).
 
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In re: New Orleans Train Car Leakage Fire Litigation, 97-2547 (La. 10/31/97), 702 So.2d 677 (La., Oct. 31, 1997)(No. 97-CC-2547).
 
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In re: New Orleans Train Car Leakage Fire Litigation, 97-1150 (La. 6/27/97), 697 So.2d 239 (La., June 27, 1997)(No. 97-CC-1150, 97-CC-1161).
 
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In re: New Orleans Train Car Leakage Fire Litigation, 96-1677 (La. App. 4 Cir. 3/5/97), 690 So.2d 255 (La. App. 4Cir., March 5, 1997) (No. 96-C-1677).
 
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In re: New Orleans Train Car Leakage Fire Litigation, 95-2710 (La. App. 4 Cir. 3/20/96), 671 So.2d 540 (La. App. 4 Cir, March 20,1996) (No. 95-C-2710, 95-C-2721, 96-C-0016, 95-C-2734, 95-C-2811, 96-C-0017, 95-C-2797, 96-C-0015).
 
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Norfolk Southern Corporation, et al. v. CIGNA Specialty Insurance Company, et al., 19th JDC, Parish of East Baton Rouge, No. 410025 “D”-(environmental insurance coverage action). (Multiple trials resulting in declaration of twenty million insurance coverage for multiple environmental sites.)
 
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Thomas Albarado, et al. v. Southern Pacific Transportation Company, et al., CDC, No. 98-1473 Division "B" (nationwide railroad employee class action).
 
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Tenneco v. Chicago Bridge & Iron Co., 95 So.2d 1317 (La. App. 4th Cir. 1986).
 
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Perry v. Mercedes Benz of North America, Inc., 957 F. 2d 1257, 60 USLW 2676, Prod. Liab. Rep. (CCH) p. 13, 147 (5th Cir. 1992).
 
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Todd Shipyards v. Hercules, Inc., 859 F.2d 1224, Prod. Liab. Rep. (CCH) p. 11, 971 (5th Cir. 1988).
 
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Nevils v. Singer Co., 535 So.2d 948 (La. App. 5th Cir. 1988).
 
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Presidential Fire and Gas Co. v. New Orleans Terminal Co., 557 So2d 975 (La. App. 4th Cir. 1990).
 
Awards & Recognition
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The Best Lawyers in America 2017, Named "Lawyer of the Year" in Railroad Law in New Orleans
 
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New Orleans Magazine, 2016, Listed as one of the Top Lawyers in New Orleans
 
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Louisiana Super Lawyer, Transportation and Maritime, Thomson Reuters, 2009-2016
 
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The Best Lawyers in America, 1995-2017, Listed for Railroad Law, Mass Torts, Personal Injury Litigation, Product Liability Litigation, Transportation Law, and Commercial Litigation
 
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Bar Examiner for Constitutional Law
 
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AV Peer Review Rating, Martindale-Hubbell
 
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Division Counsel, Norfolk Southern Corporation
 
Published Works & Lectures
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Westlaw Journal, Co-Author, "Analysis of Alexander v. Norfolk Southern Corporation," Vol. 30, Issue 9, June, 2012
 
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Defense Research Institute's Defense Library Series, Co-Author, "Trade Secrets and Non-Competes, a Compendium of State Law," 2012
 
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Louisiana State Bar Association Speaker, "Jury Selection in Environmental Litigation" and "Nuts & Bolts of Environmental Litigation," September 2003
 
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National Association of Railroad Trial Counsel, Special Litigation Conference, "Removal - Possibilities and Pitfalls," February, 2003
 
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NARTC Special Litigation Conference "Responding to the 30(b)(6) Corporation Deposition," 2012
 
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NARTC Special Litigation Conference, "Future of Punitive Damages in National Litigation," 1991
 
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National Association of Railroad Trial Counsel Annual Meeting, "How to make Lloyd's Cry Uncle," July 2001
 
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American Bar Association, Insurance Coverage Section - Section of Litigation, "Obtaining Testimony and Documents from Non-Party Sources," May 2001
 
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New Orleans Bar Association, Master of the Court Series, "Direct and Cross Examination," December 1998
 
Professional Memberships & Activities
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New Orleans Bar Association
 
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Louisiana State Bar Association
 
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Louisiana State Bar Admissions Committee
 
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American Bar Association
 
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National Association of Railroad Trial Counsel
 
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Louisiana Association of Defense Counsel
 
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Louisiana Bar Foundation
 
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Defense Research Institute, Chairman of the Railroad Law Committee
 
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Federation of Defense and Corporate Counsel
 
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Greater New Orleans Expressway Commission, Commissioner and Chairman
 
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Member, Louisiana State Mineral Board
 
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Elected Representative of Louisiana State Republican Central Committee
 

Associated News, Events and Publications
News


Ben  Slater, III

Practice
Litigation
Education
J.D., Tulane University School of Law, 1975
B.A., Tulane University, 1972
Bar Admissions
Louisiana
 
 
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