Apparently his buddies think that Judge Barbier is something of a Superman... (This is a really good profile, IMHO. Definitely worth reading the whole piece to get an idea of how this might play out.)
Judge can handle the numbingly complex trial ahead, colleagues say.
When U.S. District Judge Carl Barbier of New Orleans was designated to oversee 535 consolidated lawsuits in the Deepwater Horizon disaster and oil spill, he warned the attorneys who would appear in his court that the intricate litigation was to be conducted "with courtesy and professionalism."
"It is likely that during the course of this litigation your working relationship will occasionally be strained, communication derailed, and mutual trust questioned," Barbier wrote in his first, 31-page order outlining the scope of the case. "The Court expects, indeed insists, that professionalism and courteous cooperation permeate this proceeding from now until this litigation is concluded."
The 13-year veteran judge was a trial lawyer in New Orleans before being appointed to the Federal bench by President Clinton in 1998. Judge Barbier has heard cases stemming from Hurricane Katrina, contaminated Chinese drywall, and the mountain of litigation produced in class-action suits involving prescription drugs.
"He brings both intelligence and a good personality to dealing with one of the most complex cases in history," said Tulane Law School professor and former dean Edward Sherman, an expert on complicated litigation.
"I am a better attorney for having worked for him, and I would say a better person for knowing him," said Suzanne Scalise, a Loyola School of Law professor who was a law clerk with Barbier in 2003 and 2004. "He's incredibly bright and a fantastic mentor. He expected a high level of performance from us and he wanted us to get things right. But he really did everything in is power to make it a wonderful work environment."
Unlike some of the aforementioned cases, the oil spill litigation won't be tried in front of a jury. Barbier will be deciding all questions about the liability of BP and other companies and government agencies, and will have to determine the relative merit of evidence presented as fact as well as the opinions of expert witnesses.
"He did a lot of admiralty and maritime work as an attorney, so the maritime issues that are so important in this case, he understands and has dealt with very deftly," Sherman said. "And the federal court in the eastern district of Louisiana has been a leader in developing creative approaches to mass disasters and mass torts."
Although Barbier has been known to have a gentle but often wry sense of humor, trial lawyer Scott Bickford said don't be fooled...
"He's innately a kind man. He has a wonderful sense of humor," Bickford said. "That really comes across. But I've seen him get pissed off, and you do not want to be on his bad side."
Bickford should know. One of his clients, restaurateur Stan "Pampy" Barre, once referred to Barbier as "one pissed off, fed-up judge" who "turned a little guy into an ax murderer" in sentencing Barre to five years in a City Hall corruption case.
Barbier also will have to deal with bickering during the trial, among both plaintiffs and defendants. While the most fractious battles may be between Transocean, Halliburton and BP, there may also be conflicts between Louisiana and the U.S. Justice Department as the trial progresses.
Sorting through the ebb and flow of testimony and evidence during the trial will require concentration, attorneys say. There are likely to be days when "smoking gun" revelations are made, but there will also be many more days of tedium during the first trial phase, which could last three months or more.
One factor in Barbier's favor is that the trial's high profile means some of the top lawyers in the country will be here, Sherman said, adding: "You're not going to see any courtroom antics by these attorneys."
Sounds like Barbier is a pretty good choice to me. He sounds like he'll be fair. Fair is good, when it's truly fair. I cross my fingers... |