Overview
Patricia (Patti) Penton works primarily practices insurance defense law, defending premises owners, employers, executive officers, suppliers and contractors in occupational disease suits brought by industrial, shipyard, foundry and construction workers, longshoremen and maritime employees. A great deal of her work has focused on toxic tort litigation, in particular asbestos, silica, benzene, naturally occurring radioactive material, and multi-district litigation (MDL) involving welding fumes.
Patti has defended and provided other legal services to foreign and domestic insurers, both primary and excess, as well as companies involved in ship building and repair, marine transportation, offshore oil exploration, oil and gas production and transportation, and assisted companies concerning Louisiana’s Artificial Reefs program. She has pursued and defended property damage claims, maritime property damage claims, oil spills, chemical releases, cargo loss claims and vessel construction disputes, as well as maritime litigation including Jones Act and Longshore personal injury and death claims resulting from explosions, capsizing and sinking, collisions between vessels and allisions. She has also represented state and local agencies in defending issues such as 1983 civil rights violations, naturally occurring vibrio vulnificus septicemia claims, CIRCLA actions, negligent hiring claims and zoning issues. Patti also regularly handles various commercial transactions, files limitation of liability actions on behalf of ship owners, performs vessel seizures, and prepares 8(i) settlements and time-charter agreements.
Prior to joining Lugenbuhl, Patti served as a partner with the law firm of Lee, Futrell & Perles, where she successfully defended occupational disease and toxic exposure claims, having the privilege of being involved with several cases of first impression. She has also served as an Assistant District Attorney for St. Tammany Parish, Louisiana, an Assistant City Attorney for the City of Slidell, and an adjunct instructor of business law at Delgado Community College.
Patti is admitted to practice law in all Louisiana state courts, the United States District Courts for the Eastern, Middle and Westerns Districts of Louisiana, the Fifth Circuit Court of Appeal and the United States Supreme Court.
Outside the Office
When not in the office, Patti enjoys spending time with his family, including her two-year-old granddaughter; creating stained glass art; and embarking on exciting travels.
- Obtained early dismissal for insurers on multiple occasions based on no right of action or improper venue under the Louisiana Direct Action Statute (Louisiana federal and state courts).
- Safeguard Storage Properties, L.L.C. v. Donahue Favret Contractors, Inc., 2010-0673 (La. App. 4 Cir. 3/31/11), 60 So. 3d 110, 117 (trial court divested of jurisdiction once an order of appeal was granted and any substantive changes to a judgment after that time were prohibited).
- Palermo v. Port of New Orleans, 2004-1804 (La. App. 4 Cir. 1/19/07), 951 So. 2d 425, 445, writ denied, 2007-0363 (La. 6/13/07), 957 So. 2d 1289 (evidence of substantial exposure to asbestos in causing plaintiffs’ injuries was lacking).
- McGee v. A C And S, Inc., 2005-1036 (La. 7/10/06), 933 So. 2d 770 (loss of enjoyment of life is not recoverable by the primary tort victim’s family members who are eligible to recover for loss of consortium).
- Breaux v. Avondale Indus., Inc., 2004-1138 (La. App. 4 Cir. 7/14/04), 880 So. 2d 36, 37, writ denied, 2004-1770 (La. 7/20/04), 877 So. 2d 994 (absent an express provision to the contrary, the law in effect at the time a release of liability was executed, is controlling).
- In re Complaint of Calm C’s, Inc., No. CIV.A. 02-2878, 2004 WL 2149088, at *3 (E.D. La. Sept. 23, 2004) (settlement advances were payment for what was perceived as an inevitable legal obligation and while not legally compelled, were not considered “voluntary.”)
- Townsend v. Delchamps, Inc., 94-1511 (La. App. 1 Cir. 10/6/95), 671 So. 2d 513, writ denied, 95-2648 (La. 1/12/96), 667 So. 2d 522 (reasonable basis existed for trial court’s finding that grocery store owner failed to exercise reasonable care and that it had constructive notice of condition which caused patron’s injuries).
Professional
- Louisiana State Bar Association
- New Orleans Bar Association
- Defense Research Institute
- Louisiana Association of Defense Counsel
- Martindale Hubbell: AV Preeminent Rating
