Image: Carey Menasco
Carey
Carey L. Menasco
Shareholder, New Orleans
Chair, Recruiting Committee
Hancock Whitney Center
701 Poydras Street
Suite 5000
New Orleans, Louisiana 70139

Overview

Carey Menasco is sought by businesses throughout the U.S. for complex commercial litigation involving professional liability disputes, with an emphasis on legal malpractice defense and D&O liability, as well as involving bankruptcy and creditors’ rights, and other contract disputes between businesses.  Carey handles cases both in state and federal courts. 

Carey's practice is more heavily weighted to federal court where persuasive writing is critical – and where she excels. Clients rely on Carey's ability to get to the heart of a case and convey that convincingly.  Here are a few representative clients and cases that illustrate these points:

  • She recently secured summary judgment in Louisiana federal court dismissing Louisiana Oil Well Lien Act claims against a Texas operator on grounds of prescription.

  • She obtained a $10 million summary judgment in favor of the Federal Deposit Insurance Corporation as Receiver for Omni National Bank in Atlanta, Georgia.  

  • In a three-day bench trial held in federal court, Carey represented a Pennsylvania steel manufacturer that had not been paid in full for its work on a Louisiana project.  "It was a document-intensive case that required the admission of hundreds of exhibits and the testimony of several witnesses to fully tell the plaintiff’s story," Carey explained.  "Admissions that I obtained on cross-examination of the primary defense witness were key to our victory.  We recovered more than $500,000 for our client, which was a significant victory for our small business client."

  • Carey defended an international law firm facing claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), as well as claims for unfair trade practices, fraud, civil conspiracy, conversion and unjust enrichment.  The plaintiff claimed that the law firm aided and abetted a client to file a false victim impact statement, resulting in the wrongful seizure and loss of plaintiff’s assets.  We filed a motion to dismiss on the basis of improper venue, and convinced the Court that dismissal – rather than transfer – was the appropriate remedy.  Because the plaintiff never re-filed the case, we secured victory for the client without ever having to file an answer in the case.

  • With other firm attorneys, she secured dismissal of claims seeking damages in excess of $30 million against a major oil company on grounds that the claims had been discharged in a 1988 bankruptcy.

  • Carey helped secure summary judgment dismissal of legal malpractice claims against a major New Orleans firm and its national legal malpractice carrier.

Her bankruptcy and creditors rights work reaches beyond Louisiana, and she also represents lien holders and creditors committees in bankruptcy cases. 

Clients appreciate Carey’s candor when, as defendant, she sees the potential for liability, or as plaintiff, she sees that recovery may be unlikely.  “I like to make sure that my clients are not throwing good money after bad."

Experience

FDIC, professional liability litigation

  • Represented FDIC as receiver for a failed bank in a $170 million director and officer liability case in San Juan, Puerto Rico (2012-2015).

  • Represented FDIC as receiver for a failed bank in a $30 million director and officer liability case in Atlanta, Georgia (2012-2016).

Legal malpractice defense

  • Defended an international law firm against claims of legal malpractice and breach of fiduciary duty arising out of an alleged conflict of interest (2008-2014)

  • Secured dismissal of RICO, unfair trade practice and related claims against an international law firm (2012)

  • Secured summary judgment dismissing legal malpractice claims against a major New Orleans firm and national legal malpractice carrier (2012)

  • Developed theory and obtained summary judgment on behalf of a nonprofit organization against a wrongful termination claim (2004)

  • With other firm attorneys, secured dismissal of civil RICO claims against the former president of one of Louisiana's largest health maintenance organizations (2003)

Contractual disputes

  • Represented and obtained a favorable judgment for a Miller Act plaintiff against a contractor and its sureties in a federal district court bench trial, and obtained judgment affirming district court decision from the Fifth Circuit Court of Appeal. United States ex rel. Jems Fabrication, Inc. v. Benetech, LLC, 2013 U.S. Dist. LEXIS 108275 (E.D. La. Aug. 1, 2013), aff’d, 2014 U.S. App. LEXIS 8175 (5th Cir. La. Apr. 30, 2014).

Bankruptcy and creditors rights

  • Defended creditors in avoidance actions in various bankruptcy cases (2010–2012)

  • Prosecuted claims favorably on behalf of reclamation and administrative creditors in various bankruptcy cases (2009–2010)

  • Collected funds in satisfaction of a client’s judgment after obtaining a preliminary injunction in federal court against a judgment debtor who was secreting assets (2007)

  • With other firm attorneys, represented the Committee of Unsecured Creditors in the bankruptcy of a major energy company, where unsecured creditors received 100% payment of their claims (2006); see In re Entergy New Orleans, Inc., Chapter 11 Case No. 05-17697, USBC for the EDLA

  • With other firm attorneys, secured dismissal of claims seeking damages in excess of $30 million against a major oil company on a theory that claims were discharged in 1988 bankruptcy (2005)

  • With other firm attorneys, seized judgment debtor’s interest in a trust via non-resident writ of attachment (2005); see Littleton v. Moss, 2005-0613 (La. App. 4 Cir. 7/29/05), 914 So. 2d 51 and Littleton v. Moss, 2005-0614 (La. App. 4 Cir. 7/29/05), 914 So. 2d 59

Involvement

Professional

  • Liskow & Lewis Diversity Committee, Member

  • American Bar Association – Co-Chair of the Professional Services Liability Litigation Committee, Section of Litigation, 2014–2017; Co-Chair of the Young Litigators Task Force, 2017–Present

  • Liskow & Lewis Recruiting Committee – Chair

  • New Orleans Bar Association's Bench Bar Conference – Co-Chair, 2012

  • New Orleans Bar Association – Chair, Young Lawyers Section, 2010–2011

  • American Bankruptcy Institute – Member

  • Louisiana State Bar Association – Member

  • Federal Bar Association – Member

Community

  • Cub Scouts Pack 100, Fleur de Lis District – Pack Committee Treasurer, 2017- present

  • Council on Alcohol and Drug Abuse for Greater New Orleans – President of the Board of Directors, 2014–2016; Immediate Past President, 2016–2017

Recognition

  • Lexology's Client Choice Award, 2018

  • New Orleans Magazine’s List of “Top Lawyers,” 2015-2018

  • Named by New Orleans CityBusiness as one of the Women of the Year, Class of 2013

  • Named by New Orleans CityBusiness as a member of Leadership in Law, Class of 2011