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Regina Dicke

504.556.4189

“I enjoy evaluating a complicated jumble of facts and presenting them in writing in a way that is both easy to understand and persuasive. A judge or jury has to like your facts. Clients appreciate that ability…along with my candor and responsiveness.”

Overview

Shannon Holtzman is a trial and appellate lawyer with more than 30 years experience helping clients resolve difficult issues and disputes, such as:

  • Prosecution and defense of disputes involving construction contracts, master service agreements, asset purchase agreements and other complex contract and lease disputes
  • Defense of derivative actions and shareholder disputes
  • Class action defense
  • Prosecution and defense of unfair trade practices, fraud, quasi contract, and business tort claims

She also regularly advises facility owners regarding compliance with the Louisiana Private Works Act, construction-related risk management, and dispute avoidance issues.

“One of my strengths is working with clients in the earliest stages of a dispute and in motion practice,” Shannon said. “My goal is always to understand and achieve the client’s objectives, resolve issues in the client’s favor as soon as possible, and conserve legal fees, costs, and inconvenience.  Shannon is often able to resolve disputes in the earliest stages, minimizing litigation costs and fees, inconvenience, and the risks of a trial. Shannon also has experience getting cases moved to and kept in federal court, typically a big plus for business clients.

Notable Experience

  • Dismissal on the pleadings of all class claims against clients after class certification.  Fransen v. City of New Orleans, et al., No. 02-5170 (Civil District Court for the Parish of Orleans  Sept. 11, 2020).
  • Represented Walter Oil & Gas Corporation in an action in which the plaintiff contractor sought more than $34.6 million based on claimed schedule delays and unanticipated and/or extra work incurred in fabricating the jacket of an oil & gas platform.  Ms. Holtzman briefed and argued a successful motion for summary judgment that resulted in the dismissal of all of the plaintiff’s quasi-contract claims.  Ms. Holtzman, with assistance from Tyler Trew, also successfully defeated the plaintiff’s Daubert motion and summary judgment motion, and ultimately positioned the case for a favorable settlement in 2020.  Gulf Marine Fabricators LP v. Walter Oil & Gas Corp., et al.,” No. 62-910 (24th Judicial District Court for the Parish of Plaquemines).
  • Removed class action under the Class Action Fairness Act (“CAFA”) and, with other firm attorneys, successfully opposed the Plaintiffs’ efforts to remand under CAFA’s local controversy and home state exceptions, CAFA’s governmental entity exclusion, and the Tax Injunction Act. Robert J. Caluda, APLC, et al v. The City of New Orleans, et al, 403 F. Supp. 3d 522 (E.D. La. 2019).  Thereafter, Ms. Holtzman prevailed on a Rule 12(b)(6) motion to dismiss a class action suit, securing the dismissal of all claims against Liskow’s clients with prejudice.  Robert J. Caluda, APLC, et al v. The City of New Orleans, et al, No. 19-2497, 2019 WL 3291014 (E.D. La. July 22, 2019).
  • Successfully represented World War II Theatre, Inc., supporting organization to The National World War II Museum, Inc., in its lawsuit against a prominent national engineering firm who related to the structural design of the client’s hotel construction project, including a successful Daubert motion that excluded the defendants’ engineering expert from testifying on key issues (2021 WL 1313408), a successful WWIITI motion in limine that excluded evidence on one of the defendants’ theories and struck 3 of the defendants’ witnesses prior to trial (see https://ecf.laed.uscourts.gov/doc1/085112513164), a successful defense of defendants’ Daubert motion that sought to exclude client’s delay expert (2021 WL 1313408), and the successful defense of a defendant’s motion for summary judgment (2020 WL 1874077).
  • Successful remand motion on behalf of the National World War II Museum involving res nova issues related to domicile of captive cell insurers.  The National World War II Museum, Inc. v. Talisman Casualty & Ins. Co., 2020 WL 563635 (E.D. La. Feb. 5, 2020).
  • Retained by Luv n’ care, Ltd. (“LNC”) on appeal and obtained a favorable writ grant and decision from the Louisiana Supreme Court in Luv n’ care, Ltd. v. Jackel International Limited, 2020 WL 499164 (La. 1/29/2020) after the lower courts had imposed an attorney fee award against LNC under La. Rev. Stat. 13:4611  After granting LNC’s writ application, the Court requested full briefing and oral argument and thereafter overturned the lower court rulings.
  • Represented two clients in a class action that challenged the client’s collection of delinquent property taxes for the City of New Orleans. Shannon led the Liskow team and secured several key pre-trial rulings, including the dismissal of unjust enrichment claims, recusal of the class representatives who had been identified in original pleadings, denial of motions to amend, and denial of plaintiffs’ motions to compel. Following the class certification hearing and post-hearing briefing, the Court accepted Shannon’s arguments and she obtained a favorable class certification ruling in which the class claims against Liskow’s clients were significantly limited and the size of the class was reduced by more than two thirds. Thereafter, Shannon successfully briefed and argued the plantiffs’ appeal and the appellate court affirmed the favorable class certification ruling. Fransen v. City of New Orleans, et al., 317 So. 3d 372 (La. App. 4th Cir. 3/28/18).
  • Secured a dismissal of all class claims against clients after class Fransen v. City of New Orleans, et al., No. 02-5170 (Civil District Court for the Parish of Orleans Sept. 11, 2020).
  • Retained on appeal and obtained full reversal of summary judgment against client in case involving enforcement of contractual restrictions on use of client’s unpatented products.  Luv n’ care, Ltd. v Groupo Rimar, a.k.a. Suavinex, 844 F.3d 442 (5th Cir. 2016).
  • Rule 12(b)(6) dismissal of action involving the intersection of bankruptcy law and the La. Oil Well Lien Act. Bordelon Marine, LLC v. Devon Energy Co., et al., No. 14-1784, 2015 U.S. Dist. LEXIS 42814 (E.D. La. April 1, 2015).
  • Pre-trial dismissal of all trespass and property damage tort claims against a major oil company on an Exception of Prescription.  Constantin Land Trust v. BP America Prod. Co., No. 119084 (17th Judicial District Court for the Parish of Lafourche, Dec. 17, 2014).
  • Dismissal of all claims against a major oil company at the pleadings stage. Insulation Technologies, Inc. v. Industrial Labor & Equipment Servs., Inc., et al., 122 So. 3d 1146 (La. App. 4th Cir. 2013).
  • Summary judgment in favor of client/indemnitor affirmed on appeal on novel issue involving effect of indemnitee’s bankruptcy on indemnity obligations. Duval v. Northern Assurance Co. of America, et al., 722 F.3d 300 (5th Cir. 2013).
  • Dismissal of all claims against a major oil company at the pleadings stage. Canon v. Towns, et al., No. 2011-3610 (14th Judicial District Court for the Parish of Calcasieu Jan. 4, 2012).
  • Removed and defeated remand of cases removed on fraudulent joinder grounds in Blanchard v. BP, No. 11-1542, 2011 WL 4728644 (E.D. La. Oct. 6, 2011); Mones v. BP, No. 11-996, 2011 WL 3320814 (E.D. La. Aug. 1, 2011); and Serigne v. Loupe Constr. & Consulting Co., No. 10-3891, 2011 U.S. Dist. LEXIS 7604 (E.D. La. Jan. 20, 2011).
  • Dismissal on the pleadings affirmed in full on appeal. Brookewood Invs. Co. v. Sixty- Three Twenty-Four Chef Menteur Hwy., L.L.C., 958 So. 2d 1200 (La. App. 4th Cir. 2007), writ denied, 2007 La. LEXIS 2347 (La. 2007).
  • Retained on appeal and obtained full reversal of federal false statement conviction.  U.S. v. Individual, 467 F.3d 496 (5th Cir. 2006).
  • Removed case and defeated remand in a contract dispute in which the client had contractually consented to state court jurisdiction. After a federal court trial, judgment was rendered in client’s favor on all issues, including an award of monetary damages in excess of $2 million on client’s counterclaim. The case, including the removal issues, was affirmed in full on appeal. Shannon also successfully opposed a petition for certiorari review to the United States Supreme Court, in which her opponent challenged the propriety of the removal given client’s contractual consent to state court jurisdiction. City of New Orleans v. Municipal Admin. Servs., Inc., No. 02-130 (E.D. LA July 15, 2003), aff’d, 376 F.3d 501 (5th Cir. 2004), cert. denied, 125 S. Ct. 1396 (2005).
  • Summary judgment on behalf of facility owner, dismissing all claims by a construction contractor who sought damages for alleged undue delay, fraud and extra costs and judgment affirmed in full on appeal.  Pellerin Constr., Inc. v. Witco Corp., 169 F. Supp. 2d 568 (E.D. La. 2001), aff’d, No. 01-30536, 2002 U.S. App. LEXIS 11536 (5th Cir. May 21, 2002).
  • Retained on appeal and obtained full reversal on appeal after a jury verdict against clients in a complex contract dispute. C.C. Clark, Inc. v. DCV, Inc., 250 F.3d 738, 2001 WL 274113 (5th Cir. 2001).

Involvement

Professional

  • Chair, New Orleans Bar Association Business Litigation Committee, 2018-2022
  • Member, Board of Directors of New Orleans Bar Association, 2019-Present
  • Former Member, Liskow & Lewis Board of Directors
  • Fellow, Louisiana Bar Foundation
  • Member, Defense Research Institute (DRI)
  • Member, Louisiana Association of Defense Counsel
  • Member, Women's Energy Network
  • Member, New Orleans, Louisiana State, and American Bar Associations
  • Associate, Jones Day, 1988-1989

Community

  • Member, Advisory Board of Directors of The New Orleans Shakespeare Festival at Tulane, 2018-August, 2022
  • Clerk of Session, St. Charles Avenue Presbyterian Church, 2020
  • Elder, St. Charles Avenue Presbyterian Church, 2006-2008, 2018-2020
  • Board Member, Sophie B. Wright Charter School, 2015-April 2019

Recognition

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Credentials

Education

  • Tulane University Law School (J.D., magna cum laude, 1988)
    • Order of the Coif
    • Tulane Law Review, Senior Editor, 1987 - 1988
  • Vanderbilt University (B.A., cum laude, 1985)

Bar Admissions

  • Louisiana, 1990

Court Admissions

  • All State and Federal Courts in Louisiana, 1990
  • U.S. Court of Appeals, Fifth Circuit, 1990
  • U.S. Supreme Court, 2004

Presentations

  • Speaker, "The Winning Brief of Appellee," LSBA Compose a Winning Score: Persuasion Through Powerful Writing, May 6, 2022
  • Panelist, "Women's History Month Panel," New Orleans Legal Diversity Collaborative, March 24, 2022
  • Speaker, "Play a Simple Tune, How to Win Your Case by Keeping it Simple," LSBA Spring Litigation Litigation, April 23, 2021
  • Moderator, "Developing A Business Litigation Practice," New Orleans Bar Association Business Litigation Committee, October 23, 2019
  • "Motions, Motions, Motions:  Motions for Summary Judgment” LSBA Seminar, October 23, 2019, with Judge Jay Zainey, and Kelly Becker
  • Co-chair and Moderator,  “The Art of Advocacy” with Judges Barbier, Milazzo, Chase, and Julien,  New Orleans Bar Association Bench-Bar Seminar, March 2019
  • Moderator, “A Conversation with Current and Former In-House Counsel: What Works, What Irks,” New Orleans Bar Association Business Litigation Committee, April 2018
  • Panelist, “The Art of Persuasion on Appeal” with US Fifth Circuit Judge Stephen Higginson, Louisiana State Bar Association, April 2018
  • Panelist/Moderator, "Effective Case Presentation in the Complex Judge Trial: Views From the Bench and Bar," Louisiana State Bar Association, April 2017
  • “Ethics in Class Actions," Louisiana State Bar Association Ethics and Professionalism Program, December 2010
  • Panelist, "The A to Z of Witness Preparation," Louisiana State Bar Association, October 2009
  • “Construction Claims in Louisiana” panelist (with Harold Flanagan, Frank Adams, and Dan Armstrong) Lorman Education Services, 2001

Publications

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