The Litigation Division of the Office of the Attorney General is responsible for providing legal representation to the State of Louisiana, State agencies, and State employees in all tort claims seeking damages. The Litigation Division defends claims managed by the Office of Risk Management and by any post-secondary education institution granted an exemption from the State’s risk management program.
The Litigation Division is divided into eight sections: Appeals, Case Administration, Civil Rights, General Liability, Medical Malpractice, Road Hazard, Transportation, and Worker’s Compensation. The Litigation Division is headquartered in Baton Rouge with five regional offices located in Alexandria, Lafayette, Monroe, New Orleans, and Shreveport. There is also a law library located within the Baton Rouge office to provide support for the Litigation Division. The Litigation Division is one of the largest defense firms across the State, with a combined full-time staff of 172 employees - consisting of attorneys, paralegals, and support personnel.
Director: Sonia Mallett
Sonia Mallett has spent the majority of the last 25 years serving with the Louisiana Department of Justice. She also served as Executive Counsel to Louisiana State Employees’ Retirement System and practiced law with a Baton Rouge firm. Mallett earned her bachelor’s degree from Louisiana State University and her law degree from Loyola University College of Law.
EXECUTIVE
The executive staff ensures that the daily activities, duties, and
responsibilities of the Division are accomplished. The staff consists of the
director, three deputy directors, operations manager, special litigation
counsel, assistant special litigation counsel, executive secretary, executive
management officer, property manager, property assistant, and a receptionist.
Special Litigation Counsel
The Special Litigation Counsel defends the State’s judiciary, the
Disciplinary Counsel, and the Judiciary Commission. Special Litigation Counsel
also defends cases deemed in need of special handling with other Divisions and
contract counsel regarding specialized litigation issues.
SECTIONS
Appeals Section
The Appeals Section represents and defends the interests of the
State of Louisiana, its agencies, departments, and employees in appellate
matters before federal and state courts within Louisiana. This section handles appeals from final
judgments, as well as supervisory writs of review for interlocutory judgments
and applications for writ of certiorari.
Case Administration
The Case Administration Section is responsible for management of
the case intake and case resolution processes, which involves the coverage and
risk analysis for the determination of covered claims, claims processing into
the electronic case tracking system, management of the database, and tracking
the claims throughout the litigation process. The Case Administration Section
has two attorneys, a case manager, assistant case manager, and three analysts.
Civil Rights The Civil Rights Section defends suits filed in both state and federal court involving the deprivation of a person’s civil rights. Such suits include, claims brought pursuant to 42 U.S.C. § 1983; the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993; the Rehabilitation Act of 1973; and parallel state statutes. The Civil Rights Section also provides legal representation to State agencies, its officials, and employees in civil rights actions brought pursuant to the Religious Land Use and Institutionalized Persons Act.
General Liability
The General Liability Section defends all tort suits arising from
incidents that do not come under the purview of any other section. The types of
claims include injuries occurring on the premises of a State agency, including
slip-and-fall incidents, broken chairs, and other defective items; lawsuits
involving failure to train, supervise, or protect students, foster students, or
children placed in state custody; general maritime claims; asbestos claims; defamation
claims; and abuse and neglect claims.
Medical Malpractice
The Medical Malpractice Section defends the State, State agencies,
and State health care providers against claims of medical malpractice in both the
medical review panel process and in subsequent lawsuits filed in state court. The
attorneys in the Medical Malpractice section also defend, the interests of
state health care providers in depositions, hearings, and trials where these
healthcare providers have been subpoenaed as witnesses.
Road Hazard
The Road Hazard Section defends the Department of Transportation
and Development against claims where a condition of the roadway or its
maintenance is alleged to have caused or contributed to the accident at issue. All
money judgments against DOTD for road hazard claims, whether through trial or
an agreement between the parties, must be satisfied by an appropriation from
the Louisiana Legislature and approved by the Governor prior to payment.
Transportation
The Transportation Section defends the State, State agencies, and
State employees in lawsuits involving automobile accidents and other
automobile-related actions that occurred while the State employee was engaged
in on-the-job activities, including accidents involving inmate transport.
Workers’ Compensation
The Workers’ Compensation Section defends the State and all of its
agencies in workers’ compensation proceedings, where a dispute arises
concerning benefits payable under the Workers’ Compensation Act. The Workers’
Compensation Section also files suit to recover funds from third parties that
the State paid to either injured State employees or to state agencies. The Workers’
Compensation Section also represents the State in seeking reimbursement of
workers’ compensation benefits paid by ORM from the Second Injury Fund by
appealing decisions of the Second Injury Board wherein ORM’s claim for
reimbursement from the Board is denied.
REGIONAL OFFICES
Alexandria
The Alexandria Regional Office serves the following parishes
across central and north Louisiana - Allen, Avoyelles, Beauregard, Catahoula,
Concordia, Grant, LaSalle, Natchitoches, Rapides, and Vernon. The Alexandria
Office also defends state court suits filed in Sabine Parish, federal suits
filed in Winn Parish, and workers’ compensation claims filed in District 2.
Lafayette
The Lafayette Regional Office serves the following parishes in south
and southwest Louisiana - Acadia, Calcasieu, Cameron, Evangeline, Iberia,
Jefferson Davis, Lafayette, St. Landry, St. Martin, St. Mary, and Vermilion.
The Lafayette Office also defends workers’ compensation claims filed in
Districts 3 and 4.
Monroe
The Monroe Regional Office serves the following parishes in
northeast Louisiana - Caldwell, East Carroll, Franklin, Lincoln, Madison,
Morehouse, Ouachita, Richland, Union, Tensas, and West Carroll. The Monroe
Office also defends workers’ compensation claims filed in District 1E.
New Orleans
The New Orleans Regional Office serves the following parishes in
southeast Louisiana - Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard,
St. John the Baptist, St. Charles, St. Tammany, Terrebonne, and Washington. The
New Orleans Office also defends federal suits filed in Tangipahoa Parish, as
well as workers’ compensation claims filed in Districts 7, 8, and 9.
Shreveport
The Shreveport Regional Office serves the following parishes in north and northwest Louisiana - Bienville, Bossier, Caddo, Claiborne,
De Soto, Jackson, Red River, Webster, and Winn. The Shreveport Office also
defends state suits filed in Winn Parish and federal suits filed in Sabine
Parish, as well as workers’ compensation claims filed in District 1E.