William H. "Bill" Howard III, shareholder in the New Orleans and Baton Rouge offices, concentrates his practice in tort and commercial litigation. He also serves as National Counsel for a major railroad company on matters of Federal noise regulation compliance, claims and litigation. As a result, he is extensively familiar with virtually every aspect of railroad operations. He is a member of the Firm's 24 Hour Motor Carrier Emergency Response Team, a group of attorneys dedicated to providing rapid post-accident intervention and investigation throughout the Firm's footprint and beyond, whenever and wherever you need us.
He also has many years of experience handling defense assignments from insurers for a wide variety of assureds and matters.
Mr. Howard has represented a chemical manufacturer in suits presenting claims of physical and psychological injuries allegedly due to traumatic and long-term exposure to gasses and substances including phosgene, aniline and hydrochloric acid.
Further, he has defended manufacturers in products liability cases involving a jackhammer, a pistol and electrical components, such as retail and industrial circuit breakers and switchgears.
Mr. Howard also counsels clients in negotiating and, in some cases, litigating contracts.
Mr. Howard served in the United States Air Force from 1973 to 1977, and from 1975 to 1977 as a member of the U.S. Air Force Honor Guard in Washington, D.C.
- Wrongful death arising out of vehicle-train accident in St. Charles Parish. Plaintiff alleged the crossing was a dangerous trap, the crew failed to properly sound horn, the train was traveling at excessive speed among other things. Directed verdict for the railroad.
- Young switchman with small children was coupled up and crushed between two rail cars due to an unexpected reverse movement. He remained conscious during the lengthy extrication ordeal, dying days later of massive internal injuries. The client offered his wife $1.2 million direct to settle the case within days of the accident. The spouse turned down the offer, hired a well known plaintiff's FELA firm who made a $5 million demand, and three years of expert intense (train dynamics, physics, train handling) discovery ensued. Having developed a theory that would place significant fault on the decedent, the spouse, on the eve of trial, opted to take the offer that the railroad had made prior to the filing of the lawsuit.
- Trespasser whose legs were amputated by a train as he attempted to cross between two cars filed suit. Plaintiff alleged that railroad knew persons were on the premises and had a duty to sound horn or keep a look out for trespassers before moving. Directed verdict in favor of the railroad.
- Working with four different law firms, represented a Class I railroad in litigation brought on behalf of putative class of over 12,000 persons allegedly damaged as a result of a catastrophic derailment resulting in a release of multiple hazardous substances over a period of several days. Liability issues concerned track inspection and maintenance. Claims included an allegation that Texas law applied and provided a punitive damage remedy. Court entered interlocutory order, before class certification, that plaintiffs' liaison committee was entitled to 15% of all settlements entered into between the railroad and unrepresented claimants. Trial court's certification of a class, vacated by 5th Circuit. This order was appealed and reversed by the Fifth Circuit. Case ultimately settled on settlement class basis.
- Represent railroad company as plaintiff in federal court arising out of fuel distributor defendant's misappropriation of millions of dollars worth of fuel through an ongoing conspiracy to defraud. Helped the railroad in its effort to persuade local DA to file RICO and money laundering charges and worked closely with railroad police to develop evidence of illegal accounting practices and other fraudulent activity.
- Defense counsel for employment discrimination/harassment lawsuit against class 1 railroad arising out of Maintenance of Way operations in southeast Louisiana. Summary judgment for the railroad company.
- Appointed trial counsel to Class I railroad in "occupational exposure" cases, including hearing loss, asbestos, and repetitive stress (worn-out employee) claims filed by employees under the Federal Employers Liability Act. Several dismissed on summary judgment.
- Putative national class action was filed on behalf of every transportation employee working for any one or more of the 5 Class I railroads in the United States seeking injunctive relief and money damages on the basis of allegations that the railroads were negligent and, in addition, conspired in failing to warn the employees against the hazards of exposures to toxic chemicals at railroad yards and at industrial plants. Originally working with a team of attorneys for all major railroads. Obtained dismissal of all but FELA claims, and plaintiff dismissed all railroads except client. After additional motion practice, plaintiffs dismissed all remaining claims.
- Represented railroad company sued under Louisiana law by landowner seeking declaration and related injunction to reinstall private crossings. Case removed and tried to judgment dismissing all claims with prejudice on grounds the claims were preempted by Interstate Commerce Commission Termination Act.
- A car containing carbon black in a train stopped on the Huey P. Long Bridge dropped thousands of pounds of product due to a defective unloading valve. We counseled the railroad client and worked with toxicologists to advise residents of the nature of the spill and lack of significant health consequences. Individual lawsuits and a putative class action were brought against our railroad client, the shipper, and others. After reviewing the tariff and the shipper's insurance policies and demanding indemnity, all lawsuits against our client were settled at no expense to the client, and all legal fees and costs were paid by the shipper's insurer.
- After Katrina, seven putative class actions were brought against our client alleging it damaged a flood gate near the Industrial Canal, contributing to the flooding of the City of New Orleans. Our client was not involved, and we were able to secure voluntary dismissals of all suits against our client without litigation and at minimal cost to the client.
- Wrongful death claim against Class I Railroad arising out of collision with standing train. Plaintiffs alleged failure to warn, inadequate signalization, dangerous trap, inadequate car conspicuity, and negligence per se based on violation of anti-blocking ordinance. Summary judgment granted for the railroad and affirmed by Louisiana Supreme Court.
- FELA plaintiff alleged poor footing and improper handholds in connection with fall from a tank car. Summary judgment in favor of railroad granted on theory that Safety Appliance Act precludes plaintiff's claims.
- Frequent speaker at National Association of Railroad Trial Counsel meetings
- Contributor – Toxic Tort Litigation, American Bar Association, sections on the tactical design of the lexicon of a case, jury selection, the use of jury consultants in mock trials, focus groups and in trial, the use of technology in the court room, closing argument, structuring the multi-plaintiff trial through bifurcation, reverse bifurcation, trifurcation, and selection of test plaintiffs, and the admissibility of post injury evidence as probative of defendant's culpability
- Executive Committee Member – Combined Western and Southwestern Regions, National Association of Railroad Trial Counsel
- Member – American, Federal, Louisiana, Mississippi and New Orleans Bar Associations
- Member – International Association of Defense Counsel
- Member – Defense Research Institute
- Member – National Association of Railroad Trial Counsel
- Member – Mississippi and Louisiana Associations of Defense Counsel
- Listed in The Best Lawyers in America® in Mass Tort Litigation, Railroad Law and Transportation Law since 2007
- Named the Best Lawyers' 2011 New Orleans Railroad Lawyer of the Year
- Recognized as a "Top Lawyer" in the areas of Railroad and Transportation Law, New Orleans Magazine, 2010
- Named to "Leadership in Law", New Orleans CityBusiness, 2007
- Louisiana, 1980
- Mississippi, 1980
- University of Mississippi, J.D., 1980, Moot Court Board (Chairman)
- Central Michigan University, M.A., 1976
- Mississippi State University, B.A., 1973
- Distinguished Military Graduate