Phillip E. Foco is a founding member of our firm and practices in the area of general litigation with an emphasis on workers’ compensation, toxic tort, product liability, environmental liability, and commercial litigation in both state and federal court and the Office of Workers’ Compensation.  Phillip has defended Fortune 500 companies and other valued clients in litigation related to workers’ compensation liability, third party and Louisiana Second Injury Fund recovery actions, toxic releases in the environment, and workplace, as well as a wide array of commercial disputes.  Phillip’s expertise also extends to other complex areas such as oilfield legacy litigation and litigation relating to subsurface hydrocarbon storage.

In applying over a decade of legal experience in the workers’ compensation and third party recovery arena, which includes extensive knowledge of the requirements and procedures set forth by CMMS with respect to the Secondary Payor Act, he is able to identify the specific legal and practical issues at the heart of each dispute in order to develop an effective strategy for the resolution of your claim.      

In providing services to his clients, Phillip’s primary focus is efficiently achieving the client’s objective.  This involves not only formulating and aggressively pursuing an efficient and comprehensive resolution strategy that achieves the client’s stated objectives once a dispute arises, but also ensuring that the client has adequate and appropriate contracts, policies and practices in place before a dispute arises.

Litigation Experience:

• Defense of national bill review company in complex commercial litigation involving PPO claims and Any Willing Provider Act;
• Defense of workers’ compensation insurers in billing disputes concerning the application of Louisiana Workers’ Compensation Fee Schedule;
• Defense of oil and gas operators in environmental contamination litigation involving historical operations;
• Defense of subsurface gas storage facility against unlawful trespass claims filed by neighboring landowners;
• Defense of subsurface gas storage facility in commercial litigation related to the catastrophic failure of a subsurface hydrocarbon storage facility;
• Defense of chemical manufacturers in class actions and mass joinders relating to offsite releases from facilities;
• Defense of chemical manufacturers in complex toxic exposure and product liability litigation involving expert testimony in the fields of air-modeling, toxicology, epidemiology, and immunology.
• Extensive experience defending employers and self-insured entities in the Office of Workers’ Compensation and in District Court in relation to work-place accidents and injury claims for almost two decades.
• Extensive experience pursuing claims for reimbursement against third party tortfeasors and the State of Louisiana's Second Injury Fund on behalf of employers, self-insured entities, and insurers.

Education/Background:

• Louisiana State University, Paul M. Hebert Law Center – Top 15% (1998)

Admissions:

• Louisiana
• United States District Court for the Eastern District of Louisiana
• United States District Court for the Middle District of Louisiana
• United States District Court for the Western District of Louisiana

Reported Cases:

• Boudreaux v. Jefferson Island Storage & Hub, LLC, Civ. A. No. 00-31184 (5^th Cir. 7/11/01), 255 F.3d 271.
• Broussard v. Dow Chemical Company, Civ. A. No. 13-30544, (5^th Cir. 12/30/13), 550 Fed.Appx. 241.
• Guidry v. Dow Chemical Co., 2016-0757 (La. App. 5 Cir. 3/1/17), 214 So.3d 78.
• Clifford v. OLOL Regional Medical Center, 2018-1483 (La. App. 1 Cir. 5/31/19), 277 So.3d 1210.
• Bertrand v. Dow Chemical Company, 2005-1246 (La. App. 1 Cir. 12/20/06), 951 So.2d 263.
• Bradley v. St. Francis Medical Center, 51,572-WCA (La. App. 2 Cir. 9/27/17), 244 So.3d 722.
• Miken Specialties v. Abarca, 2016-0231 (La. App. 5 Cir. 12/7/16), 209 So.3d 268.
• Our Lady of the Lake Regional Medical Center v. Mire, 2013-1051, (La. App. 1 Cir. 2/18/14), 142 So.3d 52.
• Bradham v. Union Carbide Corporation, 2007-0919 (La. App. 5 Cir. 7/8/08), 985 So.2d 846.
• Arreteig v. Our Lady of the Lake Hospital, Inc., 2013-1603 (La. App. 1 Cir. 3/21/14), 142 So.3d 1048.
• Walker v. Environmental Abatement Services, 2007-0995, (La. App. 1 Cir. 11/2/07), 977 So.2d 56.
• Ranzino v. Our Lady of the Lake Regional Medical Center, 2013-1684 (La. App. 1 Cir. 6/18/15), 147 So.3d 765.
• Joseph v. Our Lady of the Lake Regional Medical Center, 2014-0181 (La. App. 1 Cir. 10/16/14), 156 So.3d 210.
• Dupard v. MMR Constructors, Inc., 2015-0019 (La. App. 1 Cir. 9/18/15), 182 So.3d 144.

Associations:

• Baton Rouge Bar Association
• Defense Research Institute
• Louisiana Association of Defense Counsel
• Louisiana State Bar Association

Recognition & Awards:

• Martindale-Hubbell – AV Rated