John S. Garner brings decades’ worth of litigation experience to Scialdone Law Firm, specializing in commercial dispute resolution and trial preparation. He combines naval experience on large and small combatants to effectively achieve the best and most efficient results for both large corporate clients and the family next door. Prior to attending law school, Mr. Garner was employed as a staff officer for the Naval Reserve Center of the United States Navy in Albuquerque, NM between 1991 and 1993. While in this position, Mr. Garner counseled and advised numerous constituents while serving as Military and Veteran Affairs adviser for U.S. Senator Bruce Bingaman (D-NM) and developed and directed strategy for regulatory compliance under facility management contracts with the DOD and Kirkland Air Force Base.
Mr. Garner obtained his J.D. in Law from Tulane University in New Orleans, LA in 1995, and his L.L.M. in Admiralty in 1997. After completing his formal education, Mr. Garner began working as a law clerk for the Honorable Judge Bruce Black form January 1997 to January 1998 (United States District Court – Albuquerque, NM). While clerking for Judge Black, Mr. Garner prepared pattern jury instructions, and drafted opinions resolving issues on summary judgment in cases involving search and seizure, use of deadly force, retaliation, and employment discrimination. He also drafted opinions interpreting provisions of the Uniform Commercial Code as a guest panel judge before the United States Court of Appeals for the Tenth Circuit.
Mr. Garner is a proven expert in negotiations, client account management and project management. As an exceptional litigation specialist, he has resolved numerous cases for a variety of clients, ranging from contract formation and enforcement to save thousands of dollars for major drilling companies to assisting the local community recover much needed insurance proceeds for rebuilding homes and businesses after Hurricane Katrina.
As first and second chair in numerous trials before the federal courts of Mississippi and Louisiana, he obtained several favorable verdicts and set Fifth Circuit precedent on the Pennsylvania Rule, burden shifting rules for comparative fault.
Mr. Garner has led litigation efforts that resulted in the return of property to local landowner after summary proceedings in MS Chancery Court. Mr. Garner also created a complex data base outlining rules for salvage and treasure for use in salvage contracts.
While spearheading contract development and review for major offshore exploration companies involved with rig refurbishment and new builds at various shipyards, Mr. Garner was successful in saving thousands of dollars and the developed internal software for further contract revisions.
Mr. Garner has prepared complex powerpoint presentation highlighting quantum value ranges for damages and various liability ranges based upon improper bridge design to resolve million-dollar damage claim.
Career highlights include:
- Developed and directed sound litigation strategy that resulted in multiple zero verdicts while sitting as second chair during bench trials before the federal courts of Louisiana and Mississippi.
- Developed comprehensive asbestos database to track settlement values, court decisions in Mississippi and Louisiana to become a leading defense firm recognized for Jones Act asbestos litigation.
- Assisted in the resolution of numerous security fraud cases brought against brokers resulting in thousands of dollars in restitution after trials before the National Arbitration Association.
- Assisted numerous small businesses resolve contract disputes related to Hurricane Katrina rebuilding projects.
- Assisted numerous homeowners recover insurance proceeds necessary for rebuilding in cases before the federal and state courts of Louisiana and Mississippi following Hurricane Katrina.
- Through litigation expertise, obtained favorable verdicts in trials before Mississippi state and federal courts.
- Achieved favorable settlement of numerous workers’ compensation claims in Mississippi and Louisiana.
- Reviewed and developed indemnity and defense provisions under applicable state, federal and general maritime law to improve contracts related to shipbuilding, and service contracts governed by the general maritime law and OCLSA.
- Negotiated the favorable settlement of complex commercial fraud case for local car dealership through aggressive litigation strategy encompassing claims in both federal and state courts of Mississippi and Louisiana.
- Evaluated and delivered complex insurance coverage opinion related to theft of trade secrets used by major insurer to deny coverage.
- Negotiated favorable settlements onerous cases for local insurer after diligent investigation of personal injury claims associated with automobile accidents.
- Spearheaded casualty investigation and implemented litigation strategy for major offshore company that revealed comparative fault and saved client millions of dollars in settlement of property damage claims caused by offshore anchor dragging incident.
- Coordinated response to claims involving pollution damages and fires aboard major cruise lines that drastically reduced client exposure.
- Assisted numerous federal agencies, including NTSB and USCG with respective incident investigations and reports that allowed client to maintain regulatory compliance and minimize loss of use time.