Judy L. Burnthorn
Partner(504) 593-0688
jburnthorn@dkslaw.com
Main Profile PDF Expanded Profile PDF
Ms. Burnthorn is a partner in the firm. For over 25 years she has focused on trying all types of commercial matters before juries, judges and arbitration panels.
Ms. Burnthorn handles litigation in the areas of professional liability, employment law, securities and commodities fraud, financial transactions, negotiable instruments, tax, business valuation, non-competition agreements, unfair trade practices, insurance (life, health, disability, directors & officers, and errors & omissions), and malpractice (CPA, attorney, surveyor, appraiser and insurance agent).
Ms. Burnthorn has extensive experience representing excess insurance carriers and insurance guaranty associations. She has also successfully handled multi-district litigation and class action matters. In multiple situations, she has had excess carriers she was representing included in settlements eliminating multi-million dollar exposures claimed by the plaintiffs to exceed the attachment point, without any settlement payment by the excess carrier. These accomplishments have come through familiarity with insurance and excess insurance concepts as well as with the duties owed by others in the transaction, including the insured and other layers within the market.
Ms. Burnthorn set precedent eliminating vicarious liability under provisions of the RICO statute, enforcing contractually shortened fidelity bond statutes of limitations against claims of waiver and invalidity, enjoining the prosecution of state litigation through injunctions issued in federal court, and enforcing coverage provisions of insurance guaranty association statutes. Prior to joining the firm, Ms. Burnthorn completed an externship with the Honorable Martin L.C. Feldman, USDC, E.D.La.
Securities
Ms. Burnthorn has tried numerous securities and commodities fraud lawsuits. Her primary practice is on behalf of defendants. She has tried securities cases brought against brokers and sellers of securities alleging misrepresentations and omissions of material facts, failure to supervise, churning, unauthorized trading, selling away, and unsuitability. She has handled matters under the Securities Act and the Securities Exchange Act, including issues for reporting companies and lawsuits arising out of broker/dealer registration provisions.
She has handled a limited number of securities cases on behalf of plaintiffs. For example, when a meritorious securities fraud case against a national broker dealer presented itself from the plaintiff's perspective, Ms. Burnthorn accepted the case. She alleged "selling away" and unauthorized trading, tried the case to conclusion, and obtained a judgment in favor of the plaintiff. In the self-service action, Ms. Burnthorn successfully represented a group of plaintiff investors seeking rescission of securities purchases and damages under Securities Act registration provisions, Securities Act fraud provisions, Securities Exchange Act fraud provisions, and the Louisiana Blue Sky Law. She has additionally presented programs instructing claims handlers on FINRA litigation.
Financial and Banking Cases
Ms. Burnthorn has obtained outstanding results defending financial institutions in matters brought by investors, borrowers, depositors, employees, and the federal government. She has also prevailed prosecuting actions on behalf of financial institutions, including fidelity bond actions and contested foreclosures. Ms. Burnthorn successfully handled multiple letter of credit cases, including those involving the following financial institution beneficiaries involved in the action:
Letter of credit concepts Ms. Burnthorn has handled include:
Ms. Burnthorn was successful in obtaining dismissal of several lender liability claims brought against Pelican Homestead and numerous institutions to which Pelican became successor. See, e.g., Santopadre v. Pelican Homestead and Savings Association, 741 F. Supp. 1252 (E.D.La. 1990).
She obtained the dismissal of multiple large RICO lawsuits including, for example, First National Bank of Louisville v. Loretta Lustig, et al., 727 F. Supp. 276 (E.D.La 1989). In an exemplary banking case she represented a defendant against charges that he was a controlling person and an aider and abettor because of his participation in the accounting and reporting aspects of treasury bond trading conducted for investors at Liberty Bank and Trust Company. The action resulted in a favorable settlement requiring no payment from Ms. Burnthorn's client.
Employment Law
Ms. Burnthorn has tried and obtained the dismissal of many employment cases, including cases alleging discrimination in the areas of sex, race and religion. She had an employee's First Amendment claims against her employer dismissed in Warner v. St Bernard Parish School Board, 99 F. Supp. 2d 748 (E. D. La. 2000). She has successfully defended ERISA fiduciary lawsuits.
While her experience lies mainly in defense of employment matters, she did not hesitate to correct employment discrimination when the opportunity presented itself. She successfully tried a sex discrimination and retaliation case for the plaintiff, obtaining the maximum statutory award in a federal jury trial and upholding the jury verdict in the United States Fifth Circuit Court of Appeal. Green v. Administrators of the Tulane Educational Fund, 1998 WL 24424 (E.D. La. 1998) (Ms. Burnthorn was successful in disqualifying the harasser's counsel); 284 F.3d 642 (5th Cir, 2002) (jury verdict affirmed, application for rehearing and application for rehearing en banc denied) 2000 WL 1059848 (E.D. La. 2000) (over $300,000 in attorneys fees awarded to plaintiff).
Insurance Guaranty Association Law
On certification to the Supreme Court of Oklahoma, Ms. Burnthorn set precedent obtaining a favorable interpretation of the coverage provisions of the Oklahoma Insurance Guaranty Association Act. The Oklahoma Supreme Court's decision ultimately led to an optimal settlement in favor of Ms. Burnthorn's client. Oglesby v. Liberty Mutual Ins. Co. 832 P.2d 834 (Oak 1992).
Insurance Law
Ms. Burnthorn has successfully tried numerous insurance lawsuits. In one notable example, she tried and won a lawsuit seeking rescission of the plaintiff's insurance policy on account of misrepresentation on the policy application. The policy was not only rescinded, but also the judgment assessed the attorneys fees of Ms. Burnthorn's client against the plaintiff as Ms. Burnthorn proved that the application was not only false but also fraudulent. Golden Rule Ins. Co. v. Strauss, 888 F. Supp. 59 (E.D. La. 1995).
Tax and Finance
Ms. Burnthorn has successfully handled severance, property and income tax matters. Her experience has included representation of taxpayers and taxing authorities. She has litigated partitions and business valuation disputes and handled numerous cases in which valuation is a measure of damages.
Professional Liability
Insurance Agent and Adjuster Liability Defense
Ms. Burnthorn has obtained the dismissal of many claims brought against insurance agents and adjusters, including claims for professional malpractice, breach of fiduciary duty, negligent misrepresentation, unfair trade practices and intentional interference with business relations. Especially in the post-Katrina environment, the legal community witnessed a multitude of lawsuits by business owners and homeowners who were dissatisfied with claim payments from their insurers. These claimants frequently attempted to supplement their insurance proceeds with recoveries from others, such as the professionals hired by their insurance carriers to adjust their Katrina claims and insurance agents from whom insurance coverages were originally purchased. Ms. Burnthorn's clients include insurance adjusting firms which adjusted many business and homeowner claims for property losses due to Katrina. Ms. Burnthorn's aggressive strategy resulted in successful defense of all Katrina agent and adjuster liability cases which she handled, experiencing no adverse jury verdicts or judicial awards. Ms. Burnthorn additionally has made presentations to insurance producers who work throughout the southeast, training them to avoid claims, and instructing them on the proper course of action once claims arose.
Negotiable Instruments, Sales and Products Liability
Property damage and lost profits claims arising from explosion of a grain elevator erected by Ms. Burnthorn's client were dismissed on motion for involuntary dismissal at the close of the plaintiff's case in Ferruzzi USA Inc. v. R.J. Tricon Inc. 645 So2d 685 (La App 4th Cir 1994). A settlement optimal to Ms. Burnthorn's client was reached in an action for breach of warranty in sale of pipe in Tellus Operating Group, LLC v. R&D Pipe Company, 259 Fed. Appx. 650 (5th Cir. 2007).
See also Mennella v. Kurt E. Schon EAI Ltd. 979 F2d 357 (5th Cir 1992) involving a decision in favor of Ms. Burnthorn's client, a seller of art, holding an earlier sale non-judicially dissolved and paving the way for a subsequent sale by the seller at Christie's in London for over $1.4 million.
Personal
Ms. Burnthorn and her husband George N. Guild, Jr., M.D. have a home in New Orleans. They also have a home and cotton and tree farms in Mississippi. She is a member of Covenant United Methodist Church. She loves snow skiing, Andalusia, and reading works by Ernest Hemingway. She also enjoys flamenco music, corridas, shooting, farming, scuba diving and boating.
Professional Activities and Honors
Federal Bar Association
-- Committee for Liaison with EEOC
-- Business Law Section (Banking Law Committee)
-- Litigation Section (Professional Liability Litigation, Securities Litigation, and Insurance Coverage Litigation Committees)
-- Torts and Insurance Practice Section (Professional, Officers and Directors Liability Law, Fidelity and Surety Law, Commercial Torts and Insurance Coverage Committees)
Louisiana State Bar Association
New Orleans Bar Association
St. Bernard Bar Association
AV Preeminent Martindale-Hubbell Peer Review Rating
Education
J.D., magna cum laude, Tulane University School of Law, 1986
-- Tulane Law Review
-- Order of the Coif
B.A., summa cum laude, Political Philosophy, Louisiana State University, 1982
Ms. Burnthorn handles litigation in the areas of professional liability, employment law, securities and commodities fraud, financial transactions, negotiable instruments, tax, business valuation, non-competition agreements, unfair trade practices, insurance (life, health, disability, directors & officers, and errors & omissions), and malpractice (CPA, attorney, surveyor, appraiser and insurance agent).
Ms. Burnthorn has extensive experience representing excess insurance carriers and insurance guaranty associations. She has also successfully handled multi-district litigation and class action matters. In multiple situations, she has had excess carriers she was representing included in settlements eliminating multi-million dollar exposures claimed by the plaintiffs to exceed the attachment point, without any settlement payment by the excess carrier. These accomplishments have come through familiarity with insurance and excess insurance concepts as well as with the duties owed by others in the transaction, including the insured and other layers within the market.
Ms. Burnthorn set precedent eliminating vicarious liability under provisions of the RICO statute, enforcing contractually shortened fidelity bond statutes of limitations against claims of waiver and invalidity, enjoining the prosecution of state litigation through injunctions issued in federal court, and enforcing coverage provisions of insurance guaranty association statutes. Prior to joining the firm, Ms. Burnthorn completed an externship with the Honorable Martin L.C. Feldman, USDC, E.D.La.
Securities
Ms. Burnthorn has tried numerous securities and commodities fraud lawsuits. Her primary practice is on behalf of defendants. She has tried securities cases brought against brokers and sellers of securities alleging misrepresentations and omissions of material facts, failure to supervise, churning, unauthorized trading, selling away, and unsuitability. She has handled matters under the Securities Act and the Securities Exchange Act, including issues for reporting companies and lawsuits arising out of broker/dealer registration provisions.
She has handled a limited number of securities cases on behalf of plaintiffs. For example, when a meritorious securities fraud case against a national broker dealer presented itself from the plaintiff's perspective, Ms. Burnthorn accepted the case. She alleged "selling away" and unauthorized trading, tried the case to conclusion, and obtained a judgment in favor of the plaintiff. In the self-service action, Ms. Burnthorn successfully represented a group of plaintiff investors seeking rescission of securities purchases and damages under Securities Act registration provisions, Securities Act fraud provisions, Securities Exchange Act fraud provisions, and the Louisiana Blue Sky Law. She has additionally presented programs instructing claims handlers on FINRA litigation.
Financial and Banking Cases
Ms. Burnthorn has obtained outstanding results defending financial institutions in matters brought by investors, borrowers, depositors, employees, and the federal government. She has also prevailed prosecuting actions on behalf of financial institutions, including fidelity bond actions and contested foreclosures. Ms. Burnthorn successfully handled multiple letter of credit cases, including those involving the following financial institution beneficiaries involved in the action:
- First National Bank of Columbus ($1.55 Million) First National Bank of Columbus v. Pelican Homestead, 869 F.2d 896 (5th Cir 1989).
- Sun Bank of Ocala ($550,000)
- Exxon Corporation ($2.74 Million)
- Hibernia National Bank ($200,000)
- Capital Bank ($300,000)
- Joseph E. Juban and George P. Bevan, Baton Rouge attorneys ($250,000)
Letter of credit concepts Ms. Burnthorn has handled include:
- The defenses of forgery and fraud in the documents and fraud in the transaction under Louisiana Revised Statute 5-114(2);
- The defense of lack of authority to issue the letter of credit;
- The issue of whether the instrument meets the technical requirements of a letter of credit under Wichita Eagle & Beacon Publishing Company, Inc. v. Pacific National Bank, 439 F.2d 1285 (9th Cir. 1974) and its progeny;
- The sufficiency of presentment, including issues of strict and substantial compliance with the terms of the letter of credit;
- Circumstances under which dishonor and notice of dishonor are required, as well as circumstances under which defenses are waived by failure to dishonor;
- The beneficiary's breach of presentment warranties; and
- The scope of the independence principle.
Ms. Burnthorn was successful in obtaining dismissal of several lender liability claims brought against Pelican Homestead and numerous institutions to which Pelican became successor. See, e.g., Santopadre v. Pelican Homestead and Savings Association, 741 F. Supp. 1252 (E.D.La. 1990).
She obtained the dismissal of multiple large RICO lawsuits including, for example, First National Bank of Louisville v. Loretta Lustig, et al., 727 F. Supp. 276 (E.D.La 1989). In an exemplary banking case she represented a defendant against charges that he was a controlling person and an aider and abettor because of his participation in the accounting and reporting aspects of treasury bond trading conducted for investors at Liberty Bank and Trust Company. The action resulted in a favorable settlement requiring no payment from Ms. Burnthorn's client.
Employment Law
Ms. Burnthorn has tried and obtained the dismissal of many employment cases, including cases alleging discrimination in the areas of sex, race and religion. She had an employee's First Amendment claims against her employer dismissed in Warner v. St Bernard Parish School Board, 99 F. Supp. 2d 748 (E. D. La. 2000). She has successfully defended ERISA fiduciary lawsuits.
While her experience lies mainly in defense of employment matters, she did not hesitate to correct employment discrimination when the opportunity presented itself. She successfully tried a sex discrimination and retaliation case for the plaintiff, obtaining the maximum statutory award in a federal jury trial and upholding the jury verdict in the United States Fifth Circuit Court of Appeal. Green v. Administrators of the Tulane Educational Fund, 1998 WL 24424 (E.D. La. 1998) (Ms. Burnthorn was successful in disqualifying the harasser's counsel); 284 F.3d 642 (5th Cir, 2002) (jury verdict affirmed, application for rehearing and application for rehearing en banc denied) 2000 WL 1059848 (E.D. La. 2000) (over $300,000 in attorneys fees awarded to plaintiff).
Insurance Guaranty Association Law
On certification to the Supreme Court of Oklahoma, Ms. Burnthorn set precedent obtaining a favorable interpretation of the coverage provisions of the Oklahoma Insurance Guaranty Association Act. The Oklahoma Supreme Court's decision ultimately led to an optimal settlement in favor of Ms. Burnthorn's client. Oglesby v. Liberty Mutual Ins. Co. 832 P.2d 834 (Oak 1992).
Insurance Law
Ms. Burnthorn has successfully tried numerous insurance lawsuits. In one notable example, she tried and won a lawsuit seeking rescission of the plaintiff's insurance policy on account of misrepresentation on the policy application. The policy was not only rescinded, but also the judgment assessed the attorneys fees of Ms. Burnthorn's client against the plaintiff as Ms. Burnthorn proved that the application was not only false but also fraudulent. Golden Rule Ins. Co. v. Strauss, 888 F. Supp. 59 (E.D. La. 1995).
Tax and Finance
Ms. Burnthorn has successfully handled severance, property and income tax matters. Her experience has included representation of taxpayers and taxing authorities. She has litigated partitions and business valuation disputes and handled numerous cases in which valuation is a measure of damages.
Professional Liability
Insurance Agent and Adjuster Liability Defense
Ms. Burnthorn has obtained the dismissal of many claims brought against insurance agents and adjusters, including claims for professional malpractice, breach of fiduciary duty, negligent misrepresentation, unfair trade practices and intentional interference with business relations. Especially in the post-Katrina environment, the legal community witnessed a multitude of lawsuits by business owners and homeowners who were dissatisfied with claim payments from their insurers. These claimants frequently attempted to supplement their insurance proceeds with recoveries from others, such as the professionals hired by their insurance carriers to adjust their Katrina claims and insurance agents from whom insurance coverages were originally purchased. Ms. Burnthorn's clients include insurance adjusting firms which adjusted many business and homeowner claims for property losses due to Katrina. Ms. Burnthorn's aggressive strategy resulted in successful defense of all Katrina agent and adjuster liability cases which she handled, experiencing no adverse jury verdicts or judicial awards. Ms. Burnthorn additionally has made presentations to insurance producers who work throughout the southeast, training them to avoid claims, and instructing them on the proper course of action once claims arose.
Negotiable Instruments, Sales and Products Liability
Property damage and lost profits claims arising from explosion of a grain elevator erected by Ms. Burnthorn's client were dismissed on motion for involuntary dismissal at the close of the plaintiff's case in Ferruzzi USA Inc. v. R.J. Tricon Inc. 645 So2d 685 (La App 4th Cir 1994). A settlement optimal to Ms. Burnthorn's client was reached in an action for breach of warranty in sale of pipe in Tellus Operating Group, LLC v. R&D Pipe Company, 259 Fed. Appx. 650 (5th Cir. 2007).
See also Mennella v. Kurt E. Schon EAI Ltd. 979 F2d 357 (5th Cir 1992) involving a decision in favor of Ms. Burnthorn's client, a seller of art, holding an earlier sale non-judicially dissolved and paving the way for a subsequent sale by the seller at Christie's in London for over $1.4 million.
Personal
Ms. Burnthorn and her husband George N. Guild, Jr., M.D. have a home in New Orleans. They also have a home and cotton and tree farms in Mississippi. She is a member of Covenant United Methodist Church. She loves snow skiing, Andalusia, and reading works by Ernest Hemingway. She also enjoys flamenco music, corridas, shooting, farming, scuba diving and boating.
Professional Activities and Honors
Federal Bar Association
-- Committee for Liaison with EEOC
-- Business Law Section (Banking Law Committee)
-- Litigation Section (Professional Liability Litigation, Securities Litigation, and Insurance Coverage Litigation Committees)
-- Torts and Insurance Practice Section (Professional, Officers and Directors Liability Law, Fidelity and Surety Law, Commercial Torts and Insurance Coverage Committees)
Louisiana State Bar Association
New Orleans Bar Association
St. Bernard Bar Association
AV Preeminent Martindale-Hubbell Peer Review Rating
Education
J.D., magna cum laude, Tulane University School of Law, 1986
-- Tulane Law Review
-- Order of the Coif
B.A., summa cum laude, Political Philosophy, Louisiana State University, 1982
