Martin E. ‘Marty’ Golden
701 Main Street
Baton Rouge, LA 70802
M 225 383 3796
F 225 343 9612
- Defense Verdict in Kaiser Plant Litigation
- Where we started: Marty defended the manufacturer of a complex microprocessor based industrial relay, which the plaintiffs and Kaiser alleged malfunctioned, triggering a catastrophic explosion of the Kaiser alumina plant in Gramercy, Louisiana. Property damage and lost revenue claims were estimated at nearly $500 million.
- Our roadmap: The damage claims were consolidated with personal injury claims by severely injured workers and a class action on behalf of the citizens of the two parishes surrounding the plant. Due to the enormous exposure in excess of available insurance, multiple defendants settled before trial, leaving only Schweitzer Engineering Laboratories and Thomas & Betts as defendants for the six-week jury trial.
- And finally: The jury verdict for the defendants was named the defense verdict of the year by the National Law Journal. In re Gramercy Plant Explosion At Kaiser, Master Docket No. 25,975, 23rd Judicial District Court, St. James Parish, Louisiana.
- James Wayne matter – Marty represented an indigent legal services agency sued by its terminated Executive Director for alleged violations of Louisiana’s Open Meetings Law. The suit was dismissed on summary judgment based on our argument that the law does not apply to non-governmental entities, not even quasi-public corporations. The decision affirming the dismissal is the first Louisiana appellate decision holding that the law does not apply to corporations. James A. Wayne v. Capital Area Legal Services Corporation, 2013-2036 (La. App. 1 Cir. 5/2/14), 145 So. 3d 427.
- First American Title Insurance Company matter, 30th Judicial District Court, Vernon Parish – Marty represented a closing attorney sued by the title insurer for a title defect missed in his title search. The suit was dismissed as untimely based on proof that the lending institution, which retained the closing attorney, had constructive knowledge of the title defect more than one year before the suit was filed.
- William Trotter matter, 19th Judicial District Court, East Baton Rouge Parish – Marty represented an attorney who had represented a plaintiff in a medical malpractice suit dismissed as untimely. The suit against the attorney was dismissed based on proof that the plaintiff’s injury arose from custodial rather than medical care, such that the original suit was timely as a general negligence suit.
- Herbert Witty matter, 19th Judicial District Court, East Baton Rouge Parish – Marty represented an attorney sued for intentional tort by the defendant in a separate suit in which the attorney represented the plaintiffs. The intentional tort suit was initially dismissed on an exception of no cause of action, which was reversed on appeal, and then later dismissed again at trial.
- Evanston Insurance Company matter, 19th Judicial District Court, East Baton Rouge Parish – Marty represented a trial attorney sued by a liability insurer the attorney had defended at a trial which resulted in a substantial adverse judgment. The suit against the attorney was dismissed by summary judgment based on the insurance company’s failure to appeal the adverse judgment before pursuing a professional liability claim against its attorney.
- Client Story: A Suit against an Appraiser Dismissed
- Where we started: An appraiser was sued by a property purchaser for an acknowledged zoning error in the appraisal report prepared for a lending institution.
- Our roadmap: Marty determined that the appraiser’s duty of care was owed to the lending institution rather than the purchaser, who had not seen the appraisal report prior to the closing.
- And finally: The suit was dismissed by summary judgment. Earl Dufrene matter, 22nd Judicial District Court, St. Tammany Parish.
- Client Story: A Listing Agent Sued for Unfair Trade Practices
- Where we started: Our client was a listing agent, who was sued for unfair trade practices based on an allegation that he deliberately misled the homebuyer about known hidden defects in the home, and discouraged a pre-closing inspection.
- Our roadmap: Marty filed an exception of peremption, contending that the one year period for filing an unfair trade practices claim was preemptive, and therefore, not subject to any form of interruption or suspension.
- And finally: The suit was dismissed. Shawn Doyle matter, 22nd Judicial District Court, St. Tammany Parish.
- Client Story: Misrepresentation of Real Estate Listing Data
- Where we started: A national real estate agency franchisor was sued by homebuyers, who alleged negligence, fraud and unfair trade practices. The lawsuit was based on claimed misrepresentations in the property description of the lot the homebuyers purchased, which they allegedly viewed on the franchisor’s website.
- Our roadmap: Marty filed a motion for summary judgment that demonstrated the untimeliness of the suit, and that the franchisor neither knew nor should have known of the claimed misrepresentation in the property description.
- And finally: The suit was voluntarily dismissed. Lisa and Daniel Lambert matter, 21st Judicial District Court, Tangipahoa Parish.
- Client Story: Broker Sued for Sponsored Agent’s Alleged Negligence and Misrepresentation
- Where we started: A sponsoring broker was sued for the alleged negligence and misrepresentations about the property by the buyer’s agent. The home was repossessed by the seller and extensively renovated, and the buyers claimed numerous hidden defects.
- Our road map: Marty filed a motion for summary judgment demonstrating that the broker had an independent contractor agreement with the agent, and no direct involvement in showing the property to the plaintiffs or communications about the property. The Trial Court denied the motion for summary judgment.
- And finally: The Court of Appeal reversed the Trial Court and granted summary judgment to the broker, holding that the independent contractor agreement and the relationship of the broker and agent fully complied with the requirements of La. R.S. 37:1446(H). Mitchell v. Norton, 2017-0729 (La. App. 1 Cir. 11/9/17), writ denied, 235 So. 3d 1107 (La. 2/2/18).
- Client Story: Defamation alleged in Negotiations for City Animal Control Contract
- Where we started: The Louisiana Society for the Prevention of Cruelty to Animals was sued by the Humane Society of New Orleans for damages due to the City’s decision to award its animal control contract to the LSPCA. HSNO alleged that it lost the contract due to defamatory statements made by LSPCA officers to the public and members of the City council.
- Our road map: After extensive discovery and preliminary motions, the parties attempted to settle the case at mediation, which concluded with the plaintiff’s final demand of $900,000.
- And finally: The suit was tried to a jury in Orleans Parish Civil District Court resulting in a verdict dismissing the HSNO’s suit. Antoine Saacks, DVM and Humane Society of New Orleans v. Ana Zorrilla, and the Louisiana Society for the Prevention of Cruelty to Animals, Number 2011-13149, Orleans Parish Civil District Court.
- Louisiana State Bar Association, Member
- Louisiana Association of Defense Counsel, Member
- Defense Research Institute, Member
- Baton Rouge Bar Association, Member
- American Bar Association, Member
- Served as a law clerk for the Honorable James L. Dennis, Louisiana Supreme Court, 1984 – 1985.
- J.D., Louisiana State University Paul M. Hebert Law Center, 1984
– Honors: Order of the Coif
– Law Review: Louisiana Law Review, Associate Editor
- B.A., Louisiana State University, 1981
– Major: English Literature
- Louisiana, 1984
- U.S. District Court for the Middle District of Louisiana, 1985
- U.S. District Court for the Eastern District of Louisiana, 1986
- U.S. District Court for the Western District of Louisiana, 1986
- U.S. Court of Appeals for the Fifth Circuit, 1992
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