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Flanagan Partners
Sean P. Brady, Partner at Flanagan Partners

Partner

Sean P. Brady

Overview

Sean P. Brady practices principally in complex business litigation, construction law, insurance law, and civil appeals. His litigation experience has included representation of clients in corporate and shareholder disputes, breach-of-contract matters, residential and commercial construction disputes, employment disputes, insurance coverage and recovery matters, and maritime casualties. His appellate experience includes oral arguments in the Louisiana Supreme Court and the U.S. Fifth Circuit Court of Appeals.

He graduated magna cum laude from Tulane University Law School in 2006 and was a member of the Order of the Coif. He served as a managing editor of the Tulane Law Review and was a member of the Tulane Criminal Litigation Clinic. He earned his bachelor of arts degree from Louisiana State University in 2000. He has been admitted to practice before all Louisiana state and federal courts since 2006.

He serves on the Access to Justice and Outreach Committees of the Louisiana State Bar Association. He has also been the co-chair of the New Orleans Bar Association Young Lawyers Section's Legalpalooza event for several years, which benefits Southeast Louisiana Legal Services.

Trial Experience

  • Tried a personal injury matter for a plaintiff injured in a rear-end car accident. After a three-day trial, the jury awarded significant damages to the firm's client.
  • Defense of an apartment-complex owner in a negligence case alleging failure to provide adequate security. After a three-day jury trial, the jury allocated only 15% fault to the firm's client.
  • Represented a lender plaintiff in a multi-million-dollar business dispute against a larger bank. After a five-day jury trial and a verdict, the case settled on confidential terms.
  • Represented a multinational company in a case against a former executive who had committed fraud and breached his fiduciary duties. After obtaining a partial summary judgment on liability, Mr. Brady tried the issue of damages to the court. The judge awarded 100% of the damages the company sought, plus interest and costs.
  • Represented a national disaster-restoration contractor in a claim of non-payment by a building owner. The claim was tried to the court over two days. The court issued reasons for judgment awarding the contractor its damages plus attorney's fees, costs, and disbursements.
  • Represented a classic-vehicle owner in a claim against a person who agreed to restore the vehicle but performed almost no work. The claim was tried to the court and a judgment obtained awarding 100% of the damages sought in the petition.
  • Successfully defended a business owner and his new company against claims by his former employer, including alleged violation of a noncompete agreement, misappropriation of trade secrets, unfair trade practices, and breach of fiduciary duties. After a two-day trial, the federal court rejected each of these claims.

Recent Business Litigation and Transactional Experience

  • Assisted a natural-disaster restoration contractor with preservation of lien and privilege rights on hundreds of properties.
  • Representation of a 50% owner of three businesses in a dispute with his business partner. Successfully negotiated payments to the businesses' remaining creditors and the final disposition of the remaining company assets.
  • Representation of a developer in sale of a general partnership interest in several multi-family housing developments.

Recent Construction Litigation Experience

  • Represented multiple contractors in claims arising from non-payment for work performed after recent storms.
  • Represented several homeowners in construction and design defect claims against contractors and architects.
  • Represented a building owner in a construction and design dispute involving a foundation failure at a medical office building.

Other Litigation Experience

  • Representing companies that participated in the clean-up effort after the Deepwater Horizon oil spill. The representation has involved defense of hundreds of personal injury, wage-payment, discrimination, and other claims.
  • Represented plaintiffs in a case involving allision of an offshore supply vessel and a semi-submersible drilling rig in the Gulf of Mexico. The allision caused tens of millions of dollars in physical and economic damages. The parties entered into a confidential settlement agreement on the morning of trial.
  • Represented a former shareholder of an offshore services company in a dispute over responsibility for a company liability.
  • Represented a producer and distributor of natural-gas liquids in a maritime proceeding arising out of an explosion and fire caused by a tugboat allision.
  • Obtained a judgment sustaining an exception of prescription and dismissing all claims of professional negligence against a wholesale insurance broker.

Appellate Experience

  • Successfully represented an excess insurer in a case of late notice by its insured. After a successful appeal to the U.S. Fifth Circuit on choice-of-law issues, obtained summary judgment for the insurer; the case settled thereafter.
  • Represented a public utility company post-judgment in a case of first impression, obtained a unanimous reversal by the Louisiana Supreme Court of a lower-court opinion construing the Overhead Power Line Safety Act, La. R.S. 45:141-146, in a manner adverse to utility companies' interests.

Presentations

  • Panel Discussion: "The London Insurance Market," NOBA Annual Insurance Law Symposium, November 2022
  • Panel Discussion: "Opposing Views of Insurance Bad Faith: Which Side Are You On?," LSBA Insurance Coverage and Practice Seminar, October 2022
  • "Employees or Independent Contractors? How to Tell and Why it Matters," IRMI Transportation Risk Conference, July 2021
  • "Preserving Error for Appellate Courts," NOBA CLE Webinar, June 2021
  • "Business Torts and Commercial Claims 101," LSBA/LJC Summer School, June 2016
  • "Effective E-discovery in Modern Commercial Litigation," New Orleans Bar Association End of the Year CLE, 2017