Mr. Barry W. Ashe
Stone Pigman Walther Wittmann LLC
909 Poydras Street, Suite 3150
New Orleans, LA 70112-4042

Phone    (504) 593-0843
Fax         (504) 596-0843
Email      bashe@stonepigman.com

Type of Case: Civil
Admitted to practice:
Supreme Court
5th Circuit, 11th Circuit
LA

Barry Ashe received his undergraduate degree, summa cum laude, from Tulane University in 1978, where he was elected to Phi Beta Kappa and Omicron Delta Kappa and was recipient of the Pi Sigma Alpha Award for distinction in political science. He then served as a surface warfare-qualified line officer in the United States Navy, achieving the rank of lieutenant, in stints as acting executive officer, engineering officer and deck officer of a minesweeper.Following his military service, Barry graduated magna cum laude in 1984 from the Tulane University Law School, where he was selected to the Order of the Coif and served as Senior Managing Editor of the Tulane Law Review. After law school, Barry was a law clerk for the Honorable Carolyn Dineen King, Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit.In 1985, Barry joined the New Orleans law firm of Stone Pigman Walther Wittmann L.L.C. His practice is concentrated in products liability, class action/complex and commercial litigation, in addition to his appellate work. He chairs the firm's management committee as well as its appellate practice group. Barry served on the Lawyers Advisory Committee for the Fifth Circuit from 2001 to 2007, and is a Fellow of the Louisiana Bar Foundation and an active member of its Education Committee. He is an active member of the Federal Bar Association, having served as the New Orleans chapter's president in 2010-11. Barry has been named to The Best Lawyers in America, Louisiana Super Lawyers and Chambers USA. He has taught commercial litigation and constitutional law at the Loyola University School of Law as an adjunct professor. His civic involvement includes active membership of First Baptist Church of New Orleans, where he serves as president of the trustees, deacon, Bible study teacher, and choir member. Barry also sits on the board of Global Maritime Ministries. Though a New Orleans native, Barry is an avid fan of the Boston Red Sox. He and his wife, Susan, have made it a goal to see the Red Sox play in every ballpark in the major leagues. In addition, Barry is a portraitist, focusing primarily on historical figures in oil and graphite.

Degrees:

  • Tulane University, B.A., 1978 (summa cum laude
  • political science, with distinction)
  • Tulane University School of Law, J.D., 1984 (magna cum laude)

Practice Focus:

  • Appellate

    Commercial Litigation

    Pharmaceutical and Products Liability Litigation

Representative Cases:

  • Successful challenge to contingency fee option in attorney fee contract. Skannal v. Jones, Odom, Davis & Politz, LLP, 124 So.3d 500 (La. App. 2d Cir. 2013).

    Defended pharmaceutical manufacturers against allegations they falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs. State v. Abbott Laboratories, Inc.

    Represented lessor in establishing right of access to conduct environmental testing on leased properties. American Real Estate Holdings Limited Partnership v. Entergy Louisiana, LLC.

     Argued case on appeal upholding lawyer advertising rules. Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board, 632 F.3d 212 (5th Cir. 2011).

    Represented restaurant in post-Hurricane Katrina takings case. Sid-Mar's Restaurant v. State of Louisiana, 142 So.3d 188 (La. App. 5th Cir. 2014)

  • United States v. Sid-Mar's, 644 F.3d 270, on reh'g, 654 F.3d 521 (5th Cir. 2011).

    Represented succession on appeal in upholding invalidation of business deals executed by decedent for lack of capacity. Skannal v. Bamburg, 33 So. 3d 227 (La. App. 2d Cir. 2010).

    Successfully defended building owner against corporate challenge to her ownership of property purchased from in company. In re: Brennan's House of Printing, Inc., 65 So. 3d 165 (La. App. 5th Cir. 2011).

    Represented shareholders in corporate disputes involving claims for excess executive compensation and breach of duty. Adams v. Oil & Gas Rental Services Inc.

    Defended pharmaceutical manufacturer against product liability claims raised in scores of lawsuits and against class action claims, including, for example, Ohler v. Purdue Pharma, L.P. (E.D. La.)

  • Gibbens v. The Purdue Frederick Co. (M.D. La.)
  • McGillivray v. P.F. Laboratories Inc. (W.D. La.).

    Defended city against claims by statewide retirement funds for statutory contributions, including, for example, Louisiana Assessors Retirement Fund v. The City of New Orleans.

    Represented railroad in establishing that Louisiana sales and use tax on diesel fuel was discriminatory and prohibited by federal law. Kansas City Southern Railway Co. v. Bridges, 2007 WL 977552 (W.D. La. Mar. 30, 2007).

    Represented church, pastor and trustees against their director-and-officer liability insurer in establishing insurance coverage for claims made against them by church members and others. Crescent City Baptist Church v. Church Mutual Insurance Co., 2006 WL 3290468 (E.D. La. Nov. 9, 2006).

    Defended chemical manufacturer against class action claims, including argument before United States Court of Appeals for the Fifth Circuit in an appeal establishing groundbreaking law for the removal of class actions brought in Louisiana. Grant v. Chevron Phillips Chemical Co., 309 F.3d 864 (5th Cir. 2002).

    Defended manufacturer of wood products against class action claims, including successful removal of Louisiana class action to federal court. Miller v. Home Depot, U.S.A., Inc., 199 F. Supp. 2d 502 (W.D. La. 2001).

    Defended tire manufacturer against class action claims, including successful removal to federal court. Rusck v. Cooper Tire & Rubber Co. (E.D. La.).

    Defended manufacturer against environmental property damage claims. State of Louisiana v. W.R. Grace & Co.-Conn.

    Defended school board in significant Establishment Clause case nearly landing in the United States Supreme Court. Freiler v. Tangipahoa Parish Board of Education, 185 F.3d 337 (5th Cir. 1999), aff'd en banc, 201 F.3d 602 (2000) (8-7 vote), cert. denied, 530 U.S. 1251 (2000) (three justices dissenting from denial of certiorari).

    Represented estate of corporate executive killed in collision, establishing new law regarding a shipowner's limitation of liability in maritime claims in the Fifth Circuit. In re: Tidewater, 249 F.3d 342 (5th Cir. 2001).

    Drafted amicus brief supporting challenge to attorney general's contingency fee contract with the State. Meredith v. Ieyoub, 700 So.2d 478 (La. 1997).

    Represented partnership in multimillion dollar recovery on claims arising from a lease. Newport Ltd. v. Sears & Roebuck Co., 1995 WL 626188 (E.D. La. 1995).

    Represented a bank in fidelity bond claim resulting in multimillion dollar recovery for intentional acts of defalcating bank officer. First National Bank of Louisville v. Lustig, 96 F.2d 1554 (5th Cir. 1995).

    Represented FDIC in action against Gus Mijalis and other bank officers and directors, resulting in multimillion dollar recovery. FDIC v. Mijalis, 15 F.2d 1314 (5th Cir. 1994).

Honors and Awards:

  • 2006 - present Selected by peers to The Best Lawyers in America

    2006 - present Selected to Chambers USA: America's Leading Lawyers for Business

    2007 - present Selected to Louisiana Super Lawyers

Nature of Firm's Practice:

  • Stone Pigman Walther Wittmann L.L.C. has been a leader in the Louisiana legal and business communities for over 80 years. From offices in New Orleans and Baton Rouge, the firm represents local business owners and individuals as well as Fortune 100 companies doing business in Louisiana and the Gulf South Region. The firm represents clients in a wide variety of lawsuits and claims, including complex commercial disputes, class actions, mass litigation, multi-district litigation and appeals and has extensive experience with intellectual property, environmental law, securities, antitrust, products liability, insurance, real estate development, white-collar crime and business tort cases involving RICO, unfair trade practices and trade secrets. The firm also has broad experience handling appeals at all levels in federal and state courts involving a range of legal issues, including false advertising claims, administrative and regulatory law issues, class action certification, Louisiana property and succession law disputes and the constitutionality of statutes. Stone Pigman's business lawyers assist clients in drafting, negotiating and closing business transactions that are regional and national in scope.