future-focused

Practices

Assistant

Regina Dicke

504.556.4189

“My favorite cases are complex, document-intensive cases. This is advantageous to clients because I see the big picture – what’s important and what’s not – and this leads to much greater efficiency.”

Overview

Carey Menasco is sought by businesses throughout the U.S. for complex commercial litigation involving contractual and other disputes between businesses, intellectual property disputes, professional liability disputes, with an emphasis on legal malpractice defense and D&O liability, and bankruptcy and creditors’ rights. 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:

  • Carey’s brief-writing skills were instrumental in securing a summary judgment ruling of a patent’s invalidity for obviousness, which required proof by clear and convincing evidence.
  • 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.
  • She 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. 
  • Carey helped secure summary judgment dismissal of legal malpractice claims against a major New Orleans firm and its national legal malpractice carrier.
  • 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.

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.”

Notable Experience

Business Disputes

  • Defended an international chemical manufacturer and supplier against $10 million claims for tortious interference with contract and related claims in state and federal courts in Texas. After obtaining a key summary judgment ruling, Carey secured dismissal of all claims by way of settlement, with no out of pocket contribution from her client.
  • Represented an international chemical manufacturer and supplier in a suit to recover sums due and owing on a promissory note and oustanding invoices, and in defense of $10 million breach of contract claims in federal district court. Carey obtained a judgment of $5.5 million in her client’s favor, with a dismissal with prejudice of the defendants’ claims. Carey later worked with counsel across the United States and in Italy to pursue fraudulent transfer and other actions to collect the outstanding indebtedness.
  • Carey served as lead counsel in a two-day bench trial in federal court and obtained judgment in favor of her client, a local inventor of exercise equipment, awarding sums owed by the Taiwanese product manufacturer who delivered defective products.
  • Represented and obtained a favorable judgment for a Miller Act plaintiff against a contractor and its sureties in a three-day bench trial in federal district court, 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).
  • Developed theory and obtained summary judgment on behalf of a nonprofit organization against a wrongful termination claim
  • With other firm attorneys, secured dismissal of civil RICO claims against the former president of one of Louisiana’s largest health maintenance organizations

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

Intellectual Property

  • Carey secured a summary judgment ruling of a patent’s invalidity for obviousness, which required proof by clear and convincing evidence.
  • In an eight-day bench trial held in federal court on issues of inequitable conduct before the United States Patent & Trademark Office (USPTO), Carey successfully directed the examination of her client’s patent expert, and cross-examined the opposing party’s patent expert and former in-house intellectual property counsel. Prior to the trial, she deposed the patent agent who prosecuted the patent at issue, and his deposition testimony was used at trial.

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
  • Secured dismissal of RICO, unfair trade practice and related claims against an international law firm
  • Secured summary judgment dismissing legal malpractice claims against a major New Orleans firm and national legal malpractice carrier
  • Developed theory and obtained summary judgment on behalf of a nonprofit organization against a wrongful termination claim
  • With other firm attorneys, secured dismissal of civil RICO claims against the former president of one of Louisiana’s largest health maintenance organizations

Bankruptcy and Creditors Rights

  • Defended creditors in avoidance actions in various bankruptcy cases
  • Prosecuted claims favorably on behalf of reclamation and administrative creditors in various bankruptcy cases
  • 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
  • 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; 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
  • With other firm attorneys, seized judgment debtor’s interest in a trust via non-resident writ of attachment; 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

  • New Orleans Bar Association Business Litigation Committee – Chair, 2023
  • Liskow's Recruiting Committee – Chair, 2018 to present
  • Liskow's Diversity Committee, Member
  • Federal Bar Association – Board of Directors, 2019 to present
  • 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, 2017–2019
  • 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
  • New Orleans Bar Association– Member

Community

  • Cub Scouts Pack 100, Fleur de Lis District – Pack Committee Treasurer, 2017–2019
  • Council on Alcohol and Drug Abuse for Greater New Orleans – President of the Board of Directors, 2014–2016; Past President, 2016–2017

Recognition

  • Best Lawyers® "Lawyer of the Year," 2023
  • The Best Lawyers in America®, 2021-2023
  • Lexology's Client Choice Award, 2018
  • New Orleans Magazine’s List of “Top Lawyers,” 2015-2019, 2022
  • 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

LOTY Logo for Carey L. Menasco

Listed Logo for Carey L. Menasco

Credentials

Education

  • Louisiana State University, Paul M. Hebert Law Center (J.D., 2002)
  • Louisiana State University (B.S., summa cum laude, 1999)

Bar Admissions

  • Louisiana, 2002
  • Texas, 2021

Presentations

  • Moderated and spoke on a panel addressing legal malpractice claims turning on proof of lawyer knowledge at the National Legal Malpractice Conference in Nashville.

Publications

  • "Best Practices for Avoiding Attorney Liability to Non-Clients," American Bar Association Section of Litigation Practice Points, March 31, 2016
  • "Administrative Errors Are Legal-Malpractice Traps for the Unwary," American Bar Association Section of Litigation Practice Points, March 31, 2016

WHAT’S TRENDING WITH Carey

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