John Anthony Dunlap
John Anthony Dunlap is a founding partner of the firm. He received his Bachelor of Fine Arts cum laude from the University of Florida in Gainesville, Florida in 1978 where he was a member of the Phi Beta Kappa honor society. He received his Juris Doctor from the University of South Carolina School of Law in Columbia, South Carolina in 1987. While attending law school, Mr. Dunlap entered the moot court competition and earned a membership on the Moot Court Bar. As part of his duties to the Moot Court Bar, Mr. Dunlap served on the International Moot Court team participating in the Philip C. Jessup International Law moot court competition. Mr. Dunlap engages in an active practice of commercial litigation representing a broad spectrum of clients, including oil, gas, and chemical companies, financial institutions, real estate developers, and telecommunications companies in a wide variety of commercial disputes.
Year Admitted to Practice
University of Florida, B.F.A. cum laude 1978;
University of South Carolina School of Law, 1987.
American Bar Association (Business Law Section, Litigation Section);
Fifth Circuit Bar Association;
Louisiana State Bar Association;
South Carolina Bar Association;
New Orleans Bar Association;
Federal Bar Association.
Areas of Practice
- Banking, Finance, Bankruptcy & Creditors’ Rights
- Business & Corporate
- Commercial Litigation
- Oil & Gas
- Real Estate
New Orleans, Louisiana State and American Bar Associations;
South Carolina Bar Association.
Moot Court Bar (1985-87);
International Moot Court Team (1986-87);
Best Brief in J. Woodrow Lewis (3L) Moot Court Competition (1986-87);
Am. Jur. Award for Highest Grade in Personal Income Taxation.
Olympia Minerals, LLC v. HS Resources, Inc., 162 So. 3d 674 (La. App. 3 Cir. 1/01/2015). On remand, obtained dismissal of Trade Secrets Act claims on the basis of prescription over opponents’ contention that such exceptions had been waived.
Olympia Minerals, LLC v. HS Resources, Inc., 171 So. 3d 878 (La. 10/15/2014). Successfully preserved much of the ruling of the district court and the court of appeal on the breach of the underlying exploration contract for the failure to survey the acreage and the failure to provide the field tapes of the portion that was surveyed. The case was remanded to the court of appeal to determine whether the change of rulings on the obligations under the contract affected the dismissal of the Trade Secrets Act claim.
Woodlands Development, LLC, et al. v. Regions Bank, et al., 141 So. 2d 357 (La. App. 5 Cir. 5/28/2014). Obtained reversal of sanctions judgment dismissing case for failure to preserve email based on a ruling that the Document Retention Policy of the bank was unreasonable. In the same appeal, we also obtained summary judgment on the obligation by reversing the district court’s ruling which allowed loan guarantors to use fraud allegations as an affirmative defense on the bank’s action to recover on the note and guarantees.
Olympia Minerals, LLC v. HS Resources, Inc., 123 So. 3d 281 (La. App. 3 Cir. 8/21/2013). Obtained an affirmance of district court decision that the exploration company breached its seismic contract with property owner by failing to survey all of the property, by failing to sublease a minimum amount of acreage and by failing to provide the field tapes of the seismic data.
Woodlands Development, LLC, et al. v. Regions Bank, et al., No. 11-ca-263 (La. App. 5 Cir. 12/28/2011). Obtained summary judgment against loan guarantors on dismissing loan guarantors’ claim that they were entitled to a declaratory judgment against the bank that the bank’s fraudulent conduct induced the guarantors to enter into a second forbearance agreement and relieved the plaintiffs from their personal guarantees on the underlying loan.
Budget Prepay, Inc. v. Qwest Communications Corporation, No. 09-cv-0149, Stagg, J., Hornsby, Mag. (W.D. LA, Shreveport Div. 9/27/2010). Obtained Order granting Qwests’ Motion to Stay and Compel Arbitration against Budget Prepay, Inc.’s assertions that its separate tort and contract claims over Budget’s objection that switched access services were provided under state tariffs and not a Wholesale Services Agreement (that contained the arbitration clause) pursuant to which Qwest provided telecommunication services to Budget.
Paul J. Murray, Jr. v. Qwest Communications Corporation of Delaware, No. 06-913-FJP-SCR (M.D. La. 5/01/2007). Obtained judgment granting Qwest’s motion to strike class allegations for failure to timely file motion for class certification.
Kathryn Hill, wife of/and J. Michael Bordelon v. Parish National Bank, No. 03-2630 (E.D. La. 2/7/2005). Obtained summary judgment on Truth-in-Lending Act and Real Estate Settlement Procedures Act claims stemming from bank’s use of escrow funds to pay down principal of loan after ranking mortgage had been cancelled from the public records.
Texas Timberjack, Inc. v. Qwest Communications Corporation of Delaware, No. 2:03-CV-1070 (W.D. La., Lake Charles Div. 2/3/2005). Obtained ruling that Texas Timberjack did not own the land underlying railroad right-of-way as the same had been acquired in full and perfect ownership by the Louisiana Western Railroad Company in 1879.
Mabron J. Esclovon v. Qwest Communications Int’l, Inc., No. 2:03-CV-1571 (W.D. La., Lake Charles Div. 12/1/2004). After losing their motion to amend, which doomed the class certification efforts, plaintiffs moved to dismiss the case without prejudice and on defendant’s objection, the court allowed the case to be dismissed without prejudice on the condition that the plaintiffs pay defendant’s attorney’s fees and costs.
King v. Parish National Bank, No. 04-0337, 885 So.2d 540 (La. 10/19/2004). Obtained decision from Louisiana Supreme Court that the Louisiana Credit Agreement Statute, R.S. §6:1121, et seq., precluded borrowers’ claim that lender had violated an obligation that loan consolidation would not impair borrower’s financial or personal welfare if he remained current with lender, precluded any implied agreement not to require appraisals on mortgaged property to secure credit based on the parties’ previous commercial relationship and precluded borrower’s claims against lender’s employees for actions done in the course and scope of their employment.
Mabron J. Esclovon v. Qwest Communications Int’l, Inc., No. 2:03-CV-1571 (W.D. La., Lake Charles Div. 7/28/2004). After conducting discovery on plaintiff’s motion to certify the class action, and shortly before the motion for class certification was to be heard, plaintiffs moved to amend the complaint to substantially alter their class certification allegations. Obtained order denying motion to amend.
Kathryn Hill, wife of/and J. Michael Bordelon v. Parish National Bank, No. 03-2630 (E.D. La. 6/29/2004). Obtained Rule 12 dismissal with prejudice of claim against bank for violation of the Unfair Trade Practices Act. Also obtained dismissal without prejudice of state law claims for conversion of insurance proceeds and abuse of process for lack of subject matter jurisdiction even though such claims had been “appended” to the Truth-in-Lending Act and Real Estate Settlement Procedures Act claims.
Mabron J. Esclovon v. Qwest Communications Int’l, Inc., No. 2:03-CV-1571 (W.D. La., Lake Charles Div. 2/17/2004). Successfully defeated motion to remand case by demonstrating that attorney’s fees allowed under a state law class action are attributable to the class representatives and that such amounts, if allowed, would have exceeded the jurisdictional amount.
Parish National Bank v. First American Title Insurance Company of Texas, No. 02-2951 (E.D. La. 1/2/2003). Successfully defeated First American’s motion to transfer or alternatively to stay this case which was the second filed action, and was filed by Parish National Bank in state court to recover on a title insurance policy for a loan to Louisiana residents which was secured by property located in Texas.
Parish National Bank v. Norman Ott, III, M.D. and Beverly C. Ott, No. 2002-C-1562 (La. 2/25/2003), 841 So. 2d 749, 49 U.C.C. Rep. Serv. 2d (Callaghan) 1054. Obtained partial reversal of lower court decisions exonerating husband for fraudulent draw requests made by wife on basis that husband’s good faith duty required him to notify the bank of wife’s forgeries after he learned of them.
First American Title Insurance Company v. Parish National Bank, No. 1:02-CV-00636,
(E.D. Tex., Beaumont Division, 12/13/2002). Obtained transfer of removed case first filed by First American Title Insurance Company after receiving notice from Parish National Bank that the bank would file suit on a title insurance claim on a loan made in Louisiana to Louisiana residents secured by property located in Texas.
Hebert et al. v. Doyle Land Services, Inc. et al., No. 2000-1851, United States District Court for the Western District of Louisiana, Lake Charles Division (April 24, 2002). Defeated motion to certify class action for trespass action. Thereafter, obtained summary judgment against each of the named plaintiffs.
Hebert et al. v. Doyle Land Services, Inc. et al., No. 2000-2373, United States District Court for the Eastern District of Louisiana (January 4, 2001). Defeated motion to remand case removed from state court on the basis that non-diverse defendant was fraudulently joined. Also obtained transfer of the case on basis that original state court proceeding was filed in improper venue.
Mary G. Bunch and Central Progressive Bank v. Parish National Bank, No. 99-05247, Bankruptcy Court United States District Court for the Southern District of Mississippi (October 4, 2000). Obtained partial summary judgment on host of lender liability claims arising from offset of over one million dollars in debtor’s checking account to pay outstanding demand note.
CLK Company, LLC v. CXY Energy Inc., No. 98-0802 (La. App. 4 Cir. 9/16/98), 719 So. 2d 1098, 140 Oil & Gas Rep. 464, writ denied, 98-3146 (La. 2/12/99), 738 So. 2d 574. Obtained reversal of Orleans Parish district court’s decision overruling CXY’s exception of improper venue. The Fourth Circuit determined that the suit, which claimed an overriding royalty interest in mineral property located in Vermilion Parish, though stemming from a contract, was one brought to enforce an interest in or a right in, to, or against immovable property, so that the exclusive venue provisions of La. C.C.P. art. 80 applied to the plaintiff’s cause of action. The Fourth Circuit then ordered the suit to be transferred to Vermilion Parish where the immovable property was located.
In the Matter of Lopez, No. 97-1402, Romain v. Parish National Bank, Adversary No. 97-1204 (Bkrptcy. E.D. La. May 6, 1998). Obtained dismissal for lack of subject matter jurisdiction of lender liability action filed as an adversary proceeding alleging breach of contract and contempt of court for alleged violation of bankruptcy court order.
Telephone Electronics Corporation, et al. v. Southern Pacific Telecommunications Company, No. 94-1302, in the United States District Court for the Western District of Louisiana, Monroe Division (December 12, 1997). Obtained dismissal of suit claiming in excess of 10 million dollars for breach of various telecommunications capacity agreements as either barred by the statute of limitations or barred by the terms of the contract.
Bankers Trust Company v. Clayton, et al., Defendants and ITT/Sheraton, et al. Garnishees, No. 97-0285 in the United States District Court for the Eastern District of Louisiana (January 28, 1997). Obtained writ of attachment via garnishment at beginning of suit attaching funds of non-resident defendants held by the garnishees. Thereafter, the parties amicably resolved their differences.
Anthony J. Vogt, et al. v. Board of Levee Commissioners of the Orleans Levee District and Bass Enterprises Production Company consolidated with Allan M. Edgecombe, et al v. Board of Levee Commissioners of the Orleans Levee District and Bass Enterprises Production Company, 650 So.2d 1249 (La. App. 4th Cir. 1995), 654 So.2d 345 (La. 1995), 680 So.2d 149 (La. App. 4th Cir. 1996) writ denied 684 So.2d 923 (La. 1996). Obtained dismissal of multi-million dollar claims for royalty brought by those who had been conveyed interests in Bohemia Spillway property.
Beverly Taylor Guste, et al. v. Hibernia Nat’l Bank in New Orleans, 655 So. 2d 724 (La. App. 4th Cir. 1995) writ denied, 660 So.2d 852 (La. 1995). Obtained dismissal of multi-million dollar lawsuit against Hibernia National Bank on the basis that dation en paiement relied upon by the plaintiffs was unenforceable as a matter of law because executed prior to the indebtedness the dation was intended to repay had become due.
Whitney National Bank v. Derks, 891 F. Supp. 416 (W.D. Mich. 1995). Obtained summary judgment in favor of bank on debtor’s liability to bank and contemporaneous dismissal of debtor’s host of lender liability claims.
Norcen Explorer, Inc. v. Trunkline Gas Company, No. 96-416, Division E, 16th Judicial District Court for the Parish of St. Mary, September 30, 1995. Obtained temporary restraining order to avoid pipeline cutting off service to Norcen’s cryogenic natural gas processing plant over a measuring dispute. The parties thereafter amicably resolved their differences.
West Jefferson Levee District v. Coast Quality Construction Corp., 620 So.2d 319 (La. App. 5th Cir. 1993) writ granted 629 So.2d 372 (La. 1993) rev’d 640 So.2d 1258 (La. 1994) reh’g denied August 12, 1994, cert. denied 513 U.S. 1083 (1995). On behalf of West Jefferson Levee District taxpayers submitted amicus curiae briefs in support of writ application and appeal after the writ was granted and participated in oral argument before Louisiana Supreme Court which resulted in the reversal of a trial court decision which had been affirmed by the Louisiana Fifth Circuit Court of Appeal of over 50 million dollars for a taking of private land for the West Bank Hurricane Protection Levee.
Wilshire Oil Company of Texas v. Denison Mines, Ltd., 1992 U.S. Dist. Lexis 12871 (E.D. La. August 17, 1992). Obtained Partial Summary Judgment on issue of appropriate interpretation of contract provisions calling for the sharing of mineral revenue under acquisition agreement. The matter was referred to a special master for review of highly complicated accounting issues. The parties thereafter amicably resolved their differences.
Whitney National Bank v. J.E. Stack, Jr., 1991 WL 255376, 1991 U.S. Dist. Lexis 16877 (E.D. La. November 15, 1991) and 1992 WL 178664, 1992 U.S. Dist. Lexis 11204 (E.D. La. July 20, 1992). Two separate partial summary judgments; one dismissing a host of lender liability counterclaims and the other granting a judgment for in excess of $18,600,000.
J.E. Stack, Jr. v. Whitney National Bank, 789 F. Supp. 753 (S.D. Miss. 1991) aff’d without opinion 958 F.2d 1078 (5th Cir. 1992). Obtained dismissal of $20 million lender liability action filed in the Southern District of Mississippi in anticipation of collection suit filed in Eastern District of Louisiana.
One Clearlake Centre Partnership, Ltd. v. Florida National Bank, 1989 U.S. Dist. Lexis 3805 (E.D. La. April 7, 1989). Obtained transfer of case from the Eastern District of Louisiana to the Southern District of Florida under 28 U.S.C. § 1404(a).