Craig J. Robichaux

Craig J. Robichaux

CJR

Practice Areas

  • Complex litigation, including medical malpractice, general casualty loss, business dissolutions, and succession/trust litigation
  • Personal injury, involving bodily injury or death, as well as those cases involving non-bodily injury, such as property disputes and other injuries to personal property
  • Contractual Disputes
  • Business Torts
  • Personal relations litigation involving estates, trusts, and complex community property valuations and partitions
  • Litigation involving the automotive industry, pulp and paper industry, offshore/maritime fields and other business fields principally located in Louisiana and its surrounding states

Education

Craig Robichaux, managing partner of the firm, now limits his 25 plus years in practice to the areas of complex litigation, including medical malpractice, general casualty loss, business dissolutions, and succession/trust litigation.

He was formerly a clerk for two justices on the Supreme Court of Louisiana.

Mr. Robichaux has substantial experience in litigating disputes in both State and Federal Court, and has been appointed pro hoc vice in Texas, Mississippi and Florida. He has a substantial appellate practice, and has argued cases in the state courts of appeal, the Supreme Court of Louisiana and the United States Fifth Circuit Court of Appeal. He is admitted to those courts as well as the United States Supreme Court.

Mr. Robichaux has been appointed a Special Assistant Attorney General for the State of Louisiana to handle complicated liability and damage cases. He has been appointed Special Prosecutor for the Louisiana Board of Chiropractic Examiners. He is a member of several professional organizations, including LABI, LADC, PIAA, and LAJ, and is active in the local, state and national bar.

Representative Cases

  • Defense Verdict in an Oncology case.
    Faced with a negative MRP opinion against their oncologist client, Mr. Robichaux and Ms. Guidry were able to convince a St. Tammany Parish Jury that there was no malpractice. In its simplest terms, the oncologist did not err when he continued Herceptin in the face of a declining ejection fraction. Remission on Herceptin was approximately 50% with only a 2% risk of congestive heart failure. The patient experienced a complication from the drug, but that did not cause her death. She ultimately died from the disease. Reported in 33 No. 10 Verdicts, Settlements & Tactics art. 10.
  • Work-Related Hearing Loss Recognized as Covered by Workers Compensation and the Exclusive Remedy.
    Mr. Robichaux and his Partner, EB “Ted” Dittmer, II, together with other counsel, were involved in the defense of several mass joined tort suits across Louisiana involving nearly 500 plaintiffs claiming they suffered occupationally induced hearing loss and were entitled to damages. Mounting a vigorous defense to the merits on claims related to the pulp and paper industry, the defense team tried a number of bellwether cases. Although they had argued the comp act exclusivity, which was denied by the trial court, during submission of the case, the Louisiana Supreme Court ruled these cases are covered by the Compensation Act. All tort claims were therefore barred.
  • Defense Verdict in St. Tammany in an Interscalene Block case.
    Craig Robichaux and Josie Guidry once again teamed up to defend an anaesthesiologist who was accused of malpractice because of an injury to the phrenic nerve in an interscalene block ordered by the surgeon for post-operative pain following shoulder surgery. Troubling in the case was the absence of detailed medical records related to the procedure itself and the outpatient surgery center’s operating documents requiring such paperwork. The jury did not find malpractice in spite of a MRP that had a question of fact due to the missing record.
  • Defense Verdict in Radiology Case.
    Mr. Robichaux assisted by Ms. Guidry were successful in defending a radiologist in what they termed an “acceptable miss” case. The plaintiff claimed he was suffering from visual field distortion and underwent a CT scan. The radiologist failed to note a relatively small meningioma, which was clearly visible on the scan. A favourable MRP concluded that there was no deviation in the standard of care in that the finding was incidental. The trial court agreed following a 2-day bench trial. Reported in Verdicts, Settlement & Tactics, 35 No. 4 Verdicts, Settlements & Tactics NL 12.
  • Defense Verdict in Lis Fanc Fracture.
    In another case with a negative Medical Review Panel Opinion against his client, Craig Robichaux and Ms. Guidry won an orthopaedic case involving a complicated mid-foot fracture. This case was tried in Tangipahoa Parish, and the jury took less than 30 minutes to return a unanimous verdict in favour of the defendant physician. Interesting in the case was the trial court’s ruling that the physician defendant would not be recognized as an expert in spite of the clear language in the Malpractice Act allowing the physician to qualify.
  • Defense Verdict in Retained Sponge Case.
    Craig Robichaux and Jocelyn Guidry team up again to obtain a jury verdict exonerating an Ob/Gyn in a case involving an alleged retained vaginal sponge found and removed 30 days after a successful vaginal delivery. This was a case where the Medical Review Panel came back with a negative panel opinion against the physician. Interesting in the case was the defense of the application of Res Ipsa. Rather than rule the application was unwarranted in the case, the trial court submitted the factors to the jury for resolution. Reported in the Personal Injury Verdict Reviews.
  • Mr. Robichaux’s work on the Louisiana Law Review cited.
    Mr. Robichaux’s Law review Article entitled Norris v. Arizone …. 45 La. L.Rev 149 is cited in:
    OVERCOMING THE EQUAL PAY ACT AND TITLE VII: WHY FEDERAL SEX-BASED EMPLOYMENT DISCRIMINATION LAWS SHOULD BE REPLACED WITH A SYSTEM FOR ACCREDITING EMPLOYERS FOR THEIR ANTIDISCRIMINATORY EMPLOYMENT PRACTICES, Wisconsin Journal of Law, Gender & Society Fall 2011 26 Wis. J.L. Gender & Soc’y 349

THE ECONOMIC CASE FOR GENDER-NEUTRAL LIFE INSURANCE, Connecticut Insurance Law Journal 2006-2007 13 Conn. Ins. L.J. 267

  • Defense Verdict in Fetal Death claim.
    Managing partner, Craig Robichaux, and partner Jocelyn Guidry obtained a defense verdict in favor of a physician arising out of alleged malpractice resulting in the premature delivery of 20 week old foetuses. The St. Tammany Parish jury was unanimous in its ruling. Complicating issues in the case were wrongful death, survival action and Lejeune damage claims as relates to fetal demise in utero and following spontaneous delivery. Reported in 32 No. 3 Verdicts, Settlements & Tactics art. 16.

 

This case represents another in the line of fetal injury cases Mr. Robichaux has handled beginning with the en banc opinion of the Court of Appeal, First Circuit, in Cox v. Gaylord Container Corporation.

Cox is the subject of numerous articles and reviews, including 19 No. 17 Andrews Employment Litig. Rep. 6

  • Claims for post-surgical complications were unfounded.
    Craig Robichaux and Jocelyn Guidry teamed up again and obtained another defense verdict in a physician malpractice case. Unique in this case was the fact that the heirs of a physician decedent sued his physicians for complications following a colostomy. The cases involved post-surgical care and internal medicine consultation as relates to the possible development of DVT, leading to a possible pulmonary embolus. Reported in 32 No. 3 Verdicts, Settlements & Tactics art. 34.
  • Defense 4-wheeler verdict in Tangipahoa Parish.
    Craig Robichaux, the firms managing partner, was assisted by associate Angelique Walgomotte, in obtaining a defense verdict in favour of Louisiana Farm Bureau Casualty Insurance Company in the 21st JDC arising out of a traumatic brain injury from a 4-wheeler accident. The insured was operating the ATV, with the plaintiff on the front as a guest passenger. The jury returned a verdict for the defense by a margin of 11-1.
  • Defense verdict in vasectomy case.
    The trial team of Craig Robichaux and Jocelyn Guidry defended another medical negligence case, this time in the 24th JDC, Jefferson Parish. The case was a urological case involving contentions that the patient was not properly consented and that the vasectomy was improperly performed resulting in chronic testicular pain syndrome. Following a 4-day trial, the jury was unanimous in favour of the physician.
  • Defense judgment upheld on appeal
    Mr. Robichaux has successfully defended a summary judgment granted in favor of a homeowners’ insurer arising out alleged negligence claims by a housekeeper because the family dog became playful and allegedly cased the housekeeper to fall. The case is Williams v. Galofaro, First Circuit, 79 So.3d 1068 (La. App. 1 Cir. 11/9/11).
  • La. Citizens wins a post-Katrina case in CDC
    Talley, Anthony associate Rachael Catalanotto, assisted by managing partner, Craig Robichaux, successfully defended a post-Katrina content claim (with allegations of bad faith) in CDC. Following a bench trial, the trial court exonerated Citizens on the content claim, and found no evidence of bad faith. It was Ms. Catalanotto’s first trial. The verdict was affirmed on appeal. Williams v. LCPIC, 91 So.3d 1068 (La. App. 4 Cir. 5/2/12)
  • Advanced macular degeneration and supranuclear palsy perhaps sufficient to require special formatted will
    Mr. Robichaux, assisted by partner, E.B. (Ted”) Dittmer II, asserted a claim in a complex succession proceeding that the decedent was sight impaired and what little vision he had was impacted by his inability to concentrate due to neurological conditions. On the eve of trial, the estate agreed to settle the heirs’ claims for a seven-figure sum. If successful, the estate would have gone intestate as the decedent had revoked all prior wills. Such a revocation, by law only need be in authentic form, and an invalid will (due to lack of formality for sight impaired testators) suffices.

 

Likewise, Mr. Robichaux and Mr. Dittmer successfully represented the children in a contested will contest and annuity contract dispute filed as a federal interpleader. The widow (not the mother of the children) had allegedly secured a POA and new will at a time when the spouse was incapacitated.   Fortunately the spouse recovered briefly prior to his death and revoked the prior transfers. Fiduciary claims existed against the widow for using the POA to transfer assets to her sole control.

  • Select Appellate Cases:
    Mr. Robichaux is appellate counsel on a number of cases involving an variety of issues in both state and federal court.

 

  • Reed v. Shell Offshore, Inc., 879 F.2d 151 (5th Cir. 1989)
  • Rouillier v. Illinois Cent. Gulf R.R., 886 F.2d 105 (5ht Cir. 1989)
  • Doughty v. Insured Lloyds Ins. Co., 576 So.2d 461 (La. 1991)
  • Brown v. Sanders, 960 So.2d 931 (La. App. 1 Cir. 3/23/07)
  • Bell v. State Farm Mutual Auto Ins. Co., 854 So.2d 377 (La. App. 1st Cir. 2003)
  • Courtney v. Fletcher Trucking, 111 So.3d 411 (La. App. 1 Cir. 12/21/12)
  • In re Succession of Sharp, _____ So.3d ____ La. App. 1 Cir 5/14/2012; 20112 WL 1744467
  • Boudreaux v. Farmer, 604 So.2d 641 (La. App. 1st Cir. 1992)
  • Gaylord Container Corporation v. Dunaway, 13 So.3d 659 (La. App. 1 Cir. 5/8/2009)’ 2009 WL 120306
  • In re Succession of Vullo, 2012-0822 (:La. App. 1 Cir. 12/21/12);
  • Greenland v. Greenland, 2012 WL 6738211 (La. App. 1 Cir. 12/28/2012)
  • Kendrick v. Northshore Regional Medical Center, Inc., 2013 WL 269033 (La. App. 1 Cir. 1/24/2013)
  • Rollette v. State Farm Mut. Auto. Ins. Co., 619 So.2d 832 (La. App. 1st Cir. 1993)
  • INA v. Gaylord Container Corporation, 764 So.2d 1214 (La. App. 1st Cir. 2000)
  • Flowers v. Gaylord Container Corporation, 960 So.32d 1053 (La. App. 1st Cir. 2007)
  • Strain v. Trinchard, 938 So.2d 1008 (La. App. 1st Cir. 2006)
  • Louque v. Scott Equipment Co., LLC, ____ So.3d ____ (La. App. 5 Cir. 4/29/15); 2015 WL1955434
  • Mura v. Fuoco, 3 So.3d 577 (La. App. 5 Cir 1/13/09); 2009WL91656
  • Lawly Brooke Burns Trust v. RKR, Inc., 691 So.2d 1349 (La. App. 1st Cir. 1997)
  • Byrd v. Linton, 117 So.3d 1268 (La. App. 2 Cir. 6/26/13)
  • Gaylord Chemical Corp. v. ProPump, Inc., 753 So.2d 349 (La. App. 1st Cir. 2000)
  • Keating v. vanDeventer, 153 So.2d 1200 (La. App. 1 Cir. 9/19/14).
  • Cox v. Gaylord Container Corp., 897 So.2d 1 (La. App. 1 Cir. 2/23/04
  • Pinion v. Louisiana Farm Bureau Cas. Ins. Co., 590 So.2d 1230 (La. App. 1st Cir. 1991)
  • In re Mashburn Marital Trusts, ___ So.3d ____ (La. App. 1 Cir. 3/25/11), 20111Wl103910
  • In re DeBram, 102 So.3d 830 (La. App. 1 Cir. 8/27/12)
  • Radcliffe 20, LLC v. Zip Tube Systems of Louisiana, 111 So.3d 411 (La. 11/3/2006)
  • Ratliffe v. State ex rel Dept. of Transp. and Devel., 844 So.2d 926 (La. App. 1st Cir. 2003)
  • Bordelon v. Pagliarulo, ___ So.3d ____ (La. App. 1 Cir. 12/27/13), 2013 WL 6858277
  • Schiro v. State ex rel Dept. of Transp. and Devel., 808 So.2d 500 (La. App. 4th Cir. 2001)
  • Life Flight of New Orleans v. Humrighaussen, 952 So.2d 45 (La. App. 1st Cir. 12/28/06)
  • Radcliffe 10 LLC v. Zip Tube Systems of Louisiana, Inc., 30 So.3d 825 (La. App. 1 Cir. 12/29/09)
  • Advanced Quality Const., Inc. v. Amtek of Louisiana , Inc., ___ So.3d ____ (La. App. 1 Cir. 12/23/14)
  • Creel v. Washington Parish Fair Assn., 597 So.2d 487 (La. App. 1st Cir. 1992)
  • Spillman v. South Central Bell Co., 518 So.2d 994 (La. 1988)

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  • Work: (985) 624-5010
  • Cell: (985) 630-0536
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