Russell L. Foster, a member with the firm, has litigated and argued a wide variety of matters in both federal and state courts. He also has extensive experience in mediation and arbitration proceedings involving labor and employment issues, oil and gas matters, commercial disputes, and personal injury. Mr. Foster has given and contributed to speeches and presentations concerning topics such as workplace torts, the impact of the National Labor Relations Act in the non-union workplace, investigations of employee misconduct, and covenants not to compete.
ORX Resources, Inc. v. MBW Exploration, L.L.C., 2009-0662 (La. App. 4 Cir. 2/10/10), 32 So.3d 931, writ denied, 2010-0530 (La. 5/7/10), 34 So.3d 862 (affirming summary judgment in favor of operator of oil and gas venture and piercing veil of LLC participant such that LLC’s principal was solidarily liable for debts owed to the joint account under the terms of the Joint Operating Agreement; also awarding attorneys’ fees to operator).
Emergency Staffing Solutions, Inc. v. Morehouse Parish Hosp. Service Dist. No. 1, 2011 WL 201202 (W.D. La. Jan 18, 2011) (granting summary judgment in favor of hospital staffing services company in the amount of $150,000 for breach of provision requiring hospital to pay $50,000 for each placed physician retained after termination of the staffing agreement; the hospital’s argument that the agreement was a prohibited non-competition agreement was rejected).
Price, et al. v. Pioneer Resources U.S.A., et al., No. 2008-CA-1184 (La. App. 4 Cir. (March 25, 2009). Affirming district court’s dismissal, with prejudice, of suit to cancel mineral lease for failure to join indispensable parties as directed. Application for supervisory writs pending.
ASP Enterprises, Inc. v. Guillory, et al., No. 2003-15838 (22nd Judicial District Court, Parish of St. Tammany 2008). Summary judgment granted, dismissing RICO claims against defendant-bank with prejudice; appeal pending.
United Steel Workers International Union (Local 6000) v. Albemarle Corporation, Civil Action No. H-06-3556 (S.D. Tex. 2007). Following summary judgment briefing on behalf of our defendant-employer client, plaintiff-union voluntarily dismissed with prejudice NLRA Section 301 suit to compel arbitration of retiree medical benefits.
Regina Faye Taylor v. Albemarle Corporation, 2008 WL 2605054 (5th Cir., July 1, 2008), Civil Action No. 04-398-JVP-DLD (M.D. LA 2007). Affirming the District Judge’s adoption of the Magistrate Judge’s report recommending the grant of defendant’s motion for summary judgment and dismissal with prejudice of all of plaintiff’s claims [age, gender and race discrimination and retaliation] in connection with plaintiff’s termination as part of defendant’s reduction in force.
General Drivers, Warehousemen and Helpers Local Union No. 509, affiliated with the International Brotherhood of Teamsters, AFL-CIO v. Albemarle Corporation, 2006 WL 1207887 (D.S.C.), Civil Action No. 5:05-3380-MBS (Dist. of S.C. 2006). Motion to Dismiss granted dismissing Teamsters’ NLRA Section 301 suit to compel arbitration as untimely; appeal dismissed June 13, 2006.
Moss McCarty v. Chevron U.S.A., Inc., et al., Civil Action No. 1:04cv106-LG-RHW (S.D. Miss. 2006). Defense of suit alleging failure to promote racial discrimination, harassment and retaliation; dismissal with prejudice.
Tipperary Corp., et al. v. Tri-Star Petroleum Co., Civil Action No. 42,265 (238th Judicial District, Midland County, Texas 2006). Successful intervention and opposition to summary judgment in litigation asserting breach by operator under Joint Operating Agreement, resulting in favorable settlement.
Kirk D. St. Pierre Residential Builders Company, Inc. v. BP America, Inc., Civil Action No. 04-0426 (E.D. La. 2005). Prosecution of suit by landowner asserting breach of pipeline right-of-way agreement and defense of counterclaim, resulting in settlement payment to landowner.
Anthony Kenner v. St. Charles Parish and St. Charles Parish Department of Public Works, Civil Action No. 02-2990, Section F, Mag. 4, United States District Court, Eastern District of Louisiana (dismissing race discrimination claims), aff’d, 2005 WL 3211224 (5th Cir. 2005); petitions for rehearing denied (5th Cir. 2006).
Zimmer v. Genvis. American Arbitration Association. (November 30, 2005). Obtained denial of Employee’s claims for breach of written employment contract and for penalty wages and attorneys’ fees pursuant to the Louisiana Wage Payment Statute denied in arbitration.
Calvin C. Dixon v. Albemarle Corp., 2005 WL 1503470 (S.D. Tex. 2005). Summary judgment ruling dismissing multiple claims including ADA, EEOC retaliation, ERISA retaliation, and ADEA claim.
White v. St. Charles Parish, CA. No. 03-1258(A)(2) (E.D. La. 2004). Suit alleging racial discrimination, harassment and retaliation dismissed with prejudice.
Cleere Drilling Company v. Dominion Exploration & Production, Inc., 351 F.3d 642 (5th Cir. 2003); 158 Oil & Gas Rep. 933, Civil Action No. 5 (Tex.); 2002 U.S. Dist. LEXIS 4424 (N.D. Tex. 2002). Successfully defended Dominion in claim for amounts due under drilling contract and successfully prosecuted counterclaim for damages resulting from blowout of well which drilling contractor was drilling under a footage contract.
Howarth v. Albemarle Corporation, CA. No. 02CV1131(M.D. La. 2003). State court suit alleging discharge in violation of Louisiana’s whistleblower statute removed to federal court and dismissed with prejudice.
Williams v. Evergreen Presbyterian, Inc., No. 1:03CV00710 (W.D. La. 2003). Race discrimination claims dismissed with prejudice.
Reid, et al. v. Ethyl Corporation, et al., 207 F. Supp.2d 499 (M.D. La. 2001). Daubert motion by Ethyl Corporation and its successor company, Albemarle Corporation, to exclude the testimony of plaintiffs’ proffered statistical expert granted in a case brought by ten former employees alleging that their termination as part of a spin-off and reduction in force was in violation of the Age Discrimination in Employment Act; plaintiffs moved to retain a new statistical expert, but this motion also was successfully defended.
Ethyl Corporation, FMCS No. 05-51373 (D. Hays, 2005). Upholding discharge of long term employee for failure to report safety incident and for not being forthcoming in investigation.
Albemarle Corporation, FMCS No. 05-50144 (F. Jay Taylor, 2005). Denial of back pay [sixteen months] for long-term employee failing to follow company sick leave pay polices.
Chevron Oronite Company, FMCS 030403 05336-3 (S. Nicholas, 2004). Rejecting PACE’s challenge to company’s right to discontinue its drum fill operations and contract out such work.
Chevron Oronite Company, FMCS 030403 05336-3 (S. Nicholas, 2003). Rejecting PACE’s challenge to company’s right to discontinue its drum fill operations and contract out such work.
Albemarle Corporation, FMCS No. 000720-08934-3 (D. Goodman, 2001). Upholding company’s retained management right to implement a 12-hour shift schedule for employees represented by PACE.
Chevron Chemical Company, Grievance No. REL-2-00 (H. Leeper, 2001). Affirming discharge of PACE-represented employee for harassment of co-workers in violation of company’s harassment policy.
Ethyl Corporation, FMCS No. 990702-05894-3 (T. Reeves, 2001). Upholding discharge of long-term PACE bargaining unit employee for violation of company’s policy requiring operators on an outgoing shift to meet “man to man” with the oncoming shift before departing from work.
Albemarle Corporation, FMCS No. 01-02573 (T. Cipolla, 2001). Affirming company’s right to subcontract work under the management rights and subcontracting provisions of its collective bargaining agreement with the PIPEFITTERS.
Ethyl Corporation, FMCS No. 99-13535 (R. Britton, 2000). Affirming discharge of PACE-represented employee for violation of “man to man” relief rule; the “man to man” requirement was held to be a “critical, safety-related policy.”
Ethyl Corporation, FMCS NO. 98-1112-17348-3 (D. Williams, 1999). Upholding termination on the basis of a single operator error by OCAW-represented employee despite the absence of physical injury and the employee’s previously clean disciplinary record.
Ethyl Corporation, FMCS No. 98-1112-17350-3 (D. Williams, 1999). Affirming discharge of PACE-represented employee for operations errors under progressive discipline policy.