Matthew A.

Moeller

matthew@moellerfirm.com

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Matthew’s experience and practice primarily includes the representation of shipyards, vessel owners and operators and contractors as well as other businesses in maritime, construction and commercial disputes. This experience includes the defense of Jones Act, Longshore Harbor and Worker’s Compensation Act, and maritime personal injury claims, as well as maritime contractual disputes and maritime property damage matters. Matthew represents shipyards in vessel construction and repair disputes and general and sub-contractors in breach of contract, non-payment, defective workmanship, property damage actions, and lien disputes. Matthew also represents businesses in actions concerning breach of contract, fraud, intentional interference with contract, unfair trade practices and trade secret violations, as well as real estate title and boundary disputes. Matthew has tried numerous cases to verdict, obtaining both bench and jury verdicts in favor of his clients.

In addition to his litigation practice, Matthew counsels maritime clients in the formation and negotiation of master service agreements, master time charter agreements, third party access and boarding agreements and vessel construction contracts. Matthew counsels other businesses in the preparation and negotiation of non-compete, non-disclosure, non-solicitation, and professional services contracts.


Recent Experience

  • Obtained defense verdict on behalf of the President and Owner of a leading marine design and engineering firm in three-week jury trial on claims of intentional interference with contract and unfair trade practices where damages sought were in excess of $5,000,000.

  • Obtained summary judgment on behalf of a regional environmental services company in which the plaintiff sought damages under section 905 (b) of the Longshore and Harbor Workers’ Compensation Act (LHWCA).

  • Obtained a voluntary dismissal of numerous clients, including the vessel owner, in response to a motion for summary judgment in a case where plaintiff sought damages under the Jones Act, the Longshore Harbor and Worker’s Compensation Act and General Maritime Law.

  • Appeared in litigation after default judgment was entered, and successfully set aside the judgment for over $1,000,000 on behalf of a Georgia solar technology company and its principal.

  • Obtained favorable settlement of maritime property damage claim against a leading marine design and engineering firm where the damages originally sought were in excess of $600,000.

  • Obtained favorable settlement on behalf of a vessel owner/operator in a Jones Act case based on the development of evidence of a non-work related injury, where damages sought included maintenance and care benefits, general damages, special damages, and punitive damages.

  • Obtained bench verdict on behalf of Texas Industrial equipment fabrication company for breach of contract and defective workmanship in the fabrication of boilers for the federal government.

  • Obtained summary judgment on behalf of an Arizona educational services contractor in a breach of contract and commercial collection action.

  • Obtained bench verdict in an action to annul a previous judgment rendered in favor of a Louisiana real estate investor. The verdict included an award of attorneys fees after the action to annul was deemed baseless by the court.

Education

  • Louisiana State University – E.J. Ourso College of Business, Baton Rouge, Louisiana

    • Workboat Strategic Leadership Development Program, December 2015

  • Loyola University - New Orleans School of Law, New Orleans, Louisiana

    • Juris Doctor, May 2005

  • Southern Methodist University, Dallas, Texas

    • Bachelor of Business Administration in Marketing, Cox School of Business, May 1999

    • Bachelor of Arts in History, May 1999

Honors and Activities

  • Fellow-American Bar Foundation – 2019

  • Marquis "Who is Who in American Law” – 2019

  • Loyola Moot Court Staff – Spring 2003 to Spring 2005

  • Recognized as a Distinguished Moot Court Senior – Spring 2005

  • Moot Court Teaching Assistant – Spring 2004

    Admissions

  • Louisiana State Bar Association - Admitted 2005

  • Texas State Bar Association - Admitted 2018

  • All Louisiana State and Federal Courts

  • All Texas State Courts

  • Northern District of Texas


Presentations & Publications

  • Maritime Damages By The Bay- ABA Annual Meeting, Summer 2019

  • Batted Down! Supreme Court Relies on History, Uniformity and Policy in Rejecting Punitive Damages for Unseaworthiness - ABA Tort Trial and Insurance Practive Law Journal, Spring/Summer 2019

  • Contributing Author, “Recent Developments in Admiralty and Maritime Law,” ABA Tort Trial & Insurance Practice Law Journal, Spring 2019, Vol. 54, Issue 2.

  • Seeing is Believing: Effective Use of Demonstrative Evidence in the Digital Age - ABA Joint Meeting of the Section of Litigation and GP Solo and Small Firm Division, May 2, 2019

  • Mastering Ethical Issues in the Maritime Cyber Security Space - ABA TIPS Admiralty and Maritime Law Committee Admiralty Disruption Conference, March 22, 2019

  • No Sir! You Can't Steal My Clients! Or Maybe You Can! Effective Strategies for Preparing, Negotiating, Litigating and Avoiding Restrictive Covenants - ABA Tort Trial & Insurance Practice Section Member Monday Webinar - November 5, 2018

  • In the Wake of Doiron: The New Fifth Circuit Test for Maritime Contracts – The American Institute of Marine Underwriters Presentation, New York City, NY, October 30, 2018

  • Problem Solved! Effective Strategies for Getting the Most Out of Alternative Dispute Resolution – ABA GP Solo & Small Firm Fall Conference Innovation Lab Presentation, Charleston, SC, October 26, 2018

  • Navigating Longshore and Harbor Workers’ Compensation Act (LHWCA) and State Workers’ Compensation Claims – ABA TIPS Admiralty & Maritime Law Committee and Workers’ Compensation Committee Presentation, Philadelphia, PA, September 27, 2018

  • Scare ‘Em or Spare ‘Em? How Aggressive Should We Get in Pleadings? – Annual Meeting of the American Bar Association, Chicago, IL, August 2, 2018

  • Changes in the Tide: Differing Views on Emerging Issues in Maritime Law – Admiralty Law Committee Meeting for the New Orleans Federal Bar Association, July 18, 2018

  • Lien In: An Overview of the Current State of Louisiana Construction Lien Law – Louisiana Associated General Contractors Quarterly Meetings, Shreveport and Monroe, LA, June 2018

  • Contributing Author, “Recent Developments in Admiralty and Maritime Law” – ABA Tort Trial & Insurance Practice Law Journal, Winter 2018, Vol. 53, Issue 2

  • Gathering Intelligence: Considering issues posed by Blockchain and Smart Contracts – ABA TIPS Corporate Counsel Committee Newsletter, Winter 2018

  • Actions Speak Louder than Words: Potential Waiver of Written Contractual Provisions – ABA GP Solo eReport, January 22, 2018

  • Mandamn! Fifth Circuit Rejects Mandamus Relief for Litigation Costs – What Might the Future Hold? – ABA Section of Litigation Mass Torts Committee Newsletter, Fall 2017

  • The Ever-Changing Playing Field: Evolving Legislative and Judicial Scrutiny of Non-Compete Agreements – ABA TIPS Corporate Counsel Committee Newsletter, Summer 2017

  • Contributing Author, “Recent Developments in Admiralty and Maritime Law,” ABA Tort Trial & Insurance Practice Law Journal, Winter 2017, Vol. 52, Issue 2.

  • Treat Your Solo Practice as a Small Business (Because it is) – New Solo Podcast, April 2017

  • Specifically General or Statutory: Knowing Your Basis for Jurisdiction – ABA Mass Torts Committee Newsletter, March 2017

  • Beyond Navigable Waters: A Look at the Concept of an Appurtenance and Jurisdiction Under the Admiralty Extension Act – ABA TIPS Admiralty & Maritime Law Committee Newsletter, February 2017

  • Threatened or Not? Recent Developments Under The American’s With Disabilities Act’s Direct Threat Doctrine – ABA TIPS Corporate Counsel Committee Newsletter, December 2016

  • Vessel Boarding Agreements –What Every Owner Should Know – International Workboat Show, New Orleans, LA, December 2016

  • Engagements, Deficiencies and Fraud: Examining the Scope of La. R.S. 9:2772 – Construction Defect and Dispute Conference, New Orleans, October 2016

  • A Proportional Response?: Practical Guidance for New Federal Rule 26 – ABA Mass Torts Committee Newsletter, October 2016

  • Fraud Firepower: An Avenue for Recovering Maintenance and Cure Benefits? – WorkBoat (News for the Commercial Marine Industry), August 25, 2016

  • Drafting IT Master Services Agreements: Guidance for Purchaser and Vendor Counsel – Strafford CLE, August 16, 2016

  • Analyze This! Ohio Supreme Court Clarifies Analysis of Liquidated Damages Provisions – American Bar Association GP Solo eReport, Vol. 5, No. 12

  • Misunderstood Vessel Boarding Agreements Can Cost You – WorkBoat (News for the Commercial Marine Industry), June 21, 2016

  • Defects Aboard! Defending Defect Claims in Vessel Construction Disputes – Construction Defect and Dispute Conference, New Orleans, Louisiana, January 2016

  • Failure to Extrapolate! Seventh Circuit Requires Experts Connect Data with Opinions – ABA Mass Torts Committee Newsletter, February 2016

  • On the Deposition Trail – Achieving the Best Result for Your Client – ABA Mass Torts Committee Newsletter, December 2010


Associations & Memberships

New Orleans Bar Association (NOBA)

American Bar Association (ABA):

  • Tort, Trial and Insurance Practice Section (TIPS)

    • Corporate Counsel Committee – Vice Chair: 2016 – Present

    • Business Litigation Committee – Vice Chair: 2016 – Present

    • Standing Committee on Ethics & Professionalism – Chair 2019; Member: 2016 – Present

    • Admiralty and Maritime Litigation Committee – Vice Chair: 2019 – Present

    • Member-Technology Committee: 2018 – Present; Chair – Elect 2020

  • GP Solo and Small Firm Division (GP Solo)

    • Construction Law Committee – Chair: 2016 – 2018

    • Member – Programming Board: 2016 – 2018

    • Director – Division 3: Practice Specialty: 2019

    • Member-at-Large – Council: 2019

    • 2019 Spring Conference Committee – Co-Chair

  • Section of Litigation

    • Young Lawyers Subcommittee of the Mass Torts Committee – Co-Chair: 2009 – 2011

    • Experts and Evidence Subcommittee of the Mass Torts Committee – Co-Chair: 2011 – 2017

Federal Bar Association:

  • New Orleans Chapter

  • Admiralty Law Committee

The Houston Mariners Club

The Mariners Club of the Port of New Orleans

The Louisiana Association of General Contractors

The Association of General Contractors: Mississippi Valley Chapter

The American Institute of Marine Underwriters