Biz New Orleans 500 is an annual publication of Biz New Orleans Magazine.  It profiles the 500 business leaders who are driving the economy of the greater New Orleans area and making  decisions that shape the region’s future.  The publication is overflowing with professional details, biographical information and quotes that reveal the real people behind the titles.   The publication is broadly considered as essential reading for anyone who wants to gain a deeper understanding of the ten (10) parish business community.     https://bizneworleans.com/new-orleans-500/list/

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Aaron & Gianna, PLC is pleased to announce that its Managing Shareholder, William D. Aaron, Jr., has been named to the 2024 Edition of Biz New Orleans 500 as One of the Most Influential, Involved and Inspiring Business Leaders in the New Orleans area.

Biz New Orleans 500 is an annual publication of Biz New Orleans Magazine.   It profiles the 500 business leaders who are driving the economy of the greater New Orleans area and making decisions that shape the region's future.    The publication is overflowing with professional details, biographical information and quotes that reveal the real people behind the titles.    The publication is broadly considered as essential reading for anyone who wants to gain a deeper understanding of the 10 parish business community.     New Orleans 500 2024 Edition      

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Aaron & Gianna, PLC is pleased to announce that firm Managing Shareholder, William D. Aaron, Jr. has become a Fellow of the Litigation Counsel of America.  

The Litigation Counsel of America is an invitation-only trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers. The composition of the LCA is aggressively diverse, with recognition of excellence among American litigation and trial counsel across all segments of the bar. The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, to assist in community involvement by its membership, and to advance a superior judiciary, by taking relevant positions on issues or legislation affecting judicial compensation and/or benefits, as well as those affecting the American litigation processes.

Fellows are selected and invited into Fellowship after being evaluated for effectiveness and accomplishment in litigation and trial work, along with ethical reputation. The number of full Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively. Fellows are generally at the partner or shareholder level or are independent practitioners with twelve or more years experience. The LCA Fellowship also includes Judicial Fellows, Academic Fellows (law professors/legal scholars), Legislative Fellows and In-House Counsel Fellows.  Unless their practice changes from litigation or trial work or their general ethical reputation has been diminished, Fellows may hold their status as long as they desire to be affiliated with the LCA. Fellows who hold such status for seven consecutive years may be designated Senior Fellows. Upon high recommendation by a Fellow, a limited number of Associate Fellows are selected, generally pending qualification for Fellowship. Associate Fellows may include partners or associates from the same firm in which nominating Fellows practice or with any other ethically reputable firm, governmental division or company.

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Aaron & Gianna is pleased to announce that it has joined the ACLU of Louisiana's Justice Lab Project.   Under the arrangement Aaron & Gianna will serve as local counsel on a pro bono basis to a national law firm that will serve as lead counsel in federal lawsuits challenging discriminatory policing by local law enforcement agencies.

The ACLU of Louisiana’s Justice Lab Project is charged with  Putting Racist Policing on Trial™.   It is an intensive litigation and storytelling effort to challenge racially discriminatory policing practices and combat police violence against people of color.   The campaign enlists for-profit law firms and law school legal clinics in bringing cases challenging racially-motivated stops and seizures under the Fourth and Fourteenth Amendments and any other applicable laws.

Aaron & Gianna attorneys who will be involved with the Justice Lab Project include Bill Aaron, DeWayne Williams and Anna Rainer.

In speaking of the firm's involvement it's Managing Shareholder Bill Aaron Observed: "We are delighted to have been given this unique opportunity to give back to the community."

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           On August 19, 2021 Best Lawyers®, the only purely peer-review™ guide to the legal profession, announced the 2022 Edition of The Best Lawyers in America.

               Lawyers named to The Best Lawyers in America© publication were recognized by their peers in the legal industry for their professional excellence in 147 practice areas.      For the 2022 Edition of The Best Lawyers in America, 10.8 million votes were analyzed, which resulted in the inclusion of more than 66,000 lawyers, or approximately 5% of lawyers in private practice in the United States. 

               Aaron & Gianna, PLC is pleased to announce that once again our Managing Shareholder, William D. Aaron, Jr., has been selected for inclusion in The Best Lawyers in America© in the practice areas of Municipal Law and Municipal Litigation.   This marks the 13th year in a row that Bill has been so recognized.   Bill is a former City Attorney for the City of New Orleans.   As a private practitioner he has extensive experience in the representation of business and governmental entities on matters of local, state and federal law.   Governmental entities which Bill has represented have included the City of New Orleans, the New Orleans City Council, St. Mary Parish, the St. Mary Parish Council, City of Baytown (Baytown, Texas), the Baytown Housing Authority, the Sewerage and Water Board of New Orleans, the Orleans Parish District Attorney's Office, the Orleans Parish School Board, the Jefferson Parish School Board, the Downtown Development District of New Orleans (DDD), the Jefferson Parish Economic Development Commission (JEDCO), the Housing Authority of New Orleans (HANO), the Regional Transit Authority of New Orleans (RTA), the Jefferson Parish Charter Advisory Board, the New Orleans City Park and the Louisiana Department of Insurance.   Bill is licensed to practice law in Louisiana, Texas and the District of Columbia.   He has represented governmental entities before various state and federal courts including the United States States Supreme Court.  He has additionally represented governmental entities before a variety of federal adminstrative agencies includng the U. S. Department of Housing and Urban Development (HUD), the Federal Communications Commission (FCC), the U. S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC).

               “Best Lawyers was founded in 1981 with the purpose of recognizing extraordinary lawyers in private practice through an exhaustive peer-review process.   Forty years later, we are proud to continue to serve as the most reliable, unbiased guide to legal talent worldwide,” says Phil Greer, CEO of Best Lawyers.

                The process begins when lawyers are nominated for consideration. They are divided by geographic region and practice area, and are evaluated by their peers on the basis of professional expertise. Those who receive high peer reviews undergo an additional verification process to make sure they are currently practicing and in good standing.     Only then can these top lawyers be recognized by Best Lawyers.

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Aaron & Gianna, PLC is pleased to announce its selection by the Jefferson Parish Council to provide guidance to the Jefferson Parish Charter Advisory Committee in connection with the Committee's review of the Jefferson Parish Charter and the making of recommendations to the Parish Council relative to the Charter's amendment and the submisson of amendments to the voters of Jefferson Parish.   The Jefferson Parish Charter mandates that the Council provide for the automatic review of the Charter at least once every ten years through the appointment of a Charter Advisory Committee.   This is the second time that Aaron & Gianna has been selected to provide guidance to the Committee.  The previous time was in 2011.  The Aaron & Gianna team will be led by firm Managing Shareholder, William D. Aaron, Jr.   Mr. Aaron is a former City Attorney for the City of New Orleans and has extensive experience with respect to the drafting, amendment and litigation of Home Rule Charter provisions.    Since 2008 he has been listed in the Best Lawyers in America in the areas of Municipal Law and Municipal Litigation.    Mr. Aaron will be assisted by firm associates Anna A. Rainer and Courtney H. Payton. 

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Three days before the Gubernatorial runoff election in Louisiana the Plaintiff, Linda Kocher, filed suit against the Defendants, Truth in Politics, Inc. and Causeway Connection PAC in the Civil District Court for the Parish of Orleans.   The suit was brought pursuant to R.S. 18:1463 and sought to enjoin the defendants from running allegedly false political campaign advertisements regarding potential contract awards to a company owned by the incumbent Governor's roomate at West Point.   The suit additionally sought attorneys fees in the event a permanent injunction was obtained.   Plaintiff obtained a temporary restraining order, the ads stopped runnng, and the election occurred.  

Prior to the preliminary injunction hearing the defendants filed an exception of no cause of action based on the completion of the election and the mootness of the Petition.    Both the trial court and the Louisiana Fourth Circuit Court of Appeal denied the exception ruling that as the Petition stated a cause of action at the time it was filed, the occurrence of the runoff election was irrelevant.   From the perspective of the lower courts there was no impediment to Plaintiff proceeding to a hearing on her requests for  preliminary and permanent injuctions, and if successful at the permanent injunction stage an award of attorneys fees.

In reversing the trial and appellate courts and granting the exception of no cause of action the Louisiana Supreme Court in a 4-3 Per Curiam decision issued on December 22, 2020 observed:

      "Because the injunctive relief sought has been rendered moot and the only remaining remedy under the statute (attorneys fees) is conditioned upon the success of a now unavailable remedy (permanent injunction), the lower courts erred in denying the exception of no cause of action.   REVERSED AND RENDERED."

The Defendants were represented in this matter before all three courts by Aaron & Gianna attorneys Bill Aaron and Anna Rainer.  Kudos on yet another appellate victory.

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WASHINGTON – Nov. 5, 2020 – U.S. News & World Report and Best Lawyers®, for

the 11th consecutive year, collaboratively announce the release of the “Best Law

Firms” rankings,  and Aaron & Gianna, PLC is once again selected in the fields of Municipal

Litigation (Tier 1) and Municipal Law (Tier 2).

Firms included in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms”

are recognized for professional excellence with consistently impressive ratings from

clients and peers. To be eligible for a ranking, a firm must first have a lawyer

recognized in The Best Lawyers in America©, which recognizes 5% of lawyers

practicing in the United States. Achieving a tiered ranking signals a unique

combination of quality law practice and breadth of legal expertise.

"U.S. News has more than three decades of experience evaluating key institutions

in society and their service to consumers," said Tim Smart, executive editor at U.S.

News. "Law firms perform a vital role, and ranking them is a key extension of our

overall mission to help individuals and companies alike make important decisions."

The 2021 rankings are based on the highest lawyer and firm participation on

record, incorporating 8.3 million evaluations of more than 110,000 individual

leading lawyers from more than 22,000 firms.

“For the 2021 ‘Best Law Firms’ publication, the evaluation process has remained

just as rigorous and discerning as it did when we first started 11 years ago.” says

Phil Greer, CEO of Best Lawyers. “This year we reviewed 15,587 law firms

throughout the United States – across 75 national practice areas – and a total of

2,179 firms received a national law firm ranking. We are proud that the ‘Best Law

Firms’ rankings continue to act as an indicator of excellence throughout the legal

industry.”

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In the Administrative Action entitled  In the Matter of Assure Health Care Providers  Assure, a Home and Community Based Service (HBCS) provider, sought administrative review by  an Administrative Law Judge (ALJ) of the decision of the Louisiana Department of Health to impose a monetary penalty of $317, 868.27 for an eight month lapse of worker’s compensation coverage.   Assure argued that the penalty was excessive and that the maximum penalty the Department could  impose was $10,000.00.   The Department countered with the argument that the amount imposed was not a penalty but instead a recoupment.  In sur-reply Assure argued that as the Department was not challenging the quality or delivery of its services a recoupment by the Department for all sums paid to Assure during the period of Worker’s Compensation lapse would result in unjust enrichment to the Department.

In agreeing with Assure and reversing the Department’s decision, the ALJ on May 5, 2020 aptly observed:

         Based upon the preponderance of the evidence,  Assure’s  lack of worker’s compensation insurance from September 20, 2016 to May 2, 2017, was a single violation which included multiple occurrences.    Because Assure had a single violation of lapsed worker’s compensation insurance that was found through an individual audit, the monetary penalty allowed under Medicaid policy is $10,000.00.   The monetary penalty of $317,868.27 exceeds the allowed monetary penalty limit of $10,000.00.    The Department’s monetary penalty of $317,868.27 violates the Department’s own rule, and as such, the imposed monetary penalty is incorrect.

The ALJ's decision was approved and certified as the final decision of the Louisiana Department of Health by the Department's Undersecretary on August 12, 2020.  On August 25, 2020 the Department sought reconsideration of the ALJ's Decision.    On September 11, 2020 the Department's Petition for Reconsideration was denied by the ALJ.

Assure was represented in this matter by Aaron & Gianna attorneys William D. Aaron, Jr. and Courtney Payton .  

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In Orleans Parish School Board vs The City of New Orleans et al the Orleans Parish School Board appealed the decision of the Civil District Court for the Parish of Orleans denying its requests for a preliminary injunction and a mandamus, and the partial granting of an exception of no cause of action filed by the City of New Orleans.   The City of New Orleans answered the appeal seeking a reversal of the trial court’s denial of two exceptions filed by the City should the Court of Appeal reverse the trial court’s judgment denying the preliminary injunction and the mandamus.

In its Petition filed with the Civil District Court, the Orleans Parish School Board alleged that since 2007 the City in its capacity as tax collector has been improperly using ad valorem  taxes collected on the School Board’s behalf to fund statutory obligations of the City to various retirement funds.  The Petition additionally alleged that the City has been unconstitutionally collecting an administrative fee for its collection of the School Board’s ad valorem and sales and use taxes.  The amounts at issue may be as high as $30 million dollars.   In addition to damages the school board's Petition sought preliminary and permanent injunctions barring the City from “withholding and/or diverting the proceeds of dedicated ad valorem taxes as well as dedicated sales and use taxes . . . for a purpose other than the exclusive benefit of the OPSB.”     The Petition additionally sought, in the alternative, a declaratory judgment and a writ of mandamus.

In its June 3, 2020 ruling the Louisiana Fourth Circuit Court of Appeal found that the trial court erred and abused its discretion in denying the School Board’s request for a preliminary injunction.  The Court of Appeal reversed the portion of the trial court’s judgment denying a preliminary injunction, granted a preliminary injunction and went on to find that: a) the collection fees charged by the City are unlawful and b) all proceeds of taxes collected by the City for the School Board are to be paid to the School Board without any deductions or withholdings.  Consistent with its prior ruling in Downtown Development District vs The City of New Orleans, et al  the Court of Appeal affirmed the trial court’s denial of a mandamus.  The Court of Appeal additionally found that the trial court erred in  granting a partial exception of no cause of action and vacated that portion of the trial court’s judgment.   As to the trial court's denial of two exceptions filed by the City the Court of Appeal affirmed.

In speaking to the School Board's entitlement to a preliminary injunction the Court of Appeal aptly observed:

"As we found in Downtown Dev. Dist., the City is wholly without authority to use the OPSB taxes for purposes other than their dedicated purposes.   It follows that the City may not withhold the OPSB tax proceeds to fund the various retirement systems. We, thus, find that the OPSB has made a prima facie showing that it is entitled to a preliminary injunction in this matter and the trial court erred in denying its request for an injunction.   The trial court’s judgment is, therefore, reversed, and the OPSB’s request for preliminary injunctive relief is granted."

The School Board was represented in the trial court and before the Court of Appeal by Aaron & Gianna attorneys Bill Aaron, DeWayne Williams and Anna Rainer.

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