Daniel J. Balhoff

Dan holds chemical engineering (1985) and law (1988) degrees from LSU.  While in law school, he served as the managing editor of the Louisiana Law Review.  He later clerked for the Honorable Frank J. Polozola of the U.S. District Court for the Middle District of Louisiana and for the Honorable Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit.  He is admitted to practice before all federal and state courts in Louisiana as well as the U.S. Supreme Court.  He has authored several law review articles and has spoken at legal seminars concerning constitutional law, insurance law, brief-writing, oral argument, and the functions of Special Masters.  He is a member of several legal and professional organizations, including the Academy of Court-Appointed Neutrals.

Special Master Experience

• Special Master in numerous cases, including at the Multidistrict litigation, federal, and state levels.  Serves on the Special Master panel for Perry Dampf Dispute Solutions

Arbitration and Mediation Experience

• Arbitrator and mediator in cases at the federal and state level both by court appointment and by private party selection, including as Court-Appointed Mediator in Multidistrict Litigation cases including In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La. J.P.M.L.); In re: FEMA Trailer Formaldehyde Products Liability Litigation, MDL No. 1873 (E.D. La. J.P.M.L.); and In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2047 (E.D. La. J.P.M.L.); serves on the arbitrator and mediator panels for Perry Dampf Dispute Solutions

Civil Litigation Experience

• More than 30 years of practice in federal and state trial and appellate litigation (both jury and nonjury, both plaintiff and defense), including complex litigation, mass torts, and class actions; served as an expert on the reasonableness of attorneys' fees

Appellate Advocacy Experience

• Authored briefs and presented oral argument at every level of the state and federal court systems in Louisiana, often by referral from trial counsel

Court Appointments and Settlement Allocation Assignments

     Federal Multidistrict Litigation

•  In re: General Motors LLC Ignition Switch Litigation, MDL No. 2543 (S.D.N.Y. J.P.M.L.) (Mediator and Special Master; developed and implemented frameworks for settlement of multiple claimant inventories in case arising out of alleged automotive products liability)

•  In re: FEMA Trailer Formaldehyde Products Liability Litigation, MDL No. 1873 (E.D. La. J.P.M.L.) (Court-Appointed Mediator and Special Master; allocated multiple settlement funds to tens of thousands of claimants who alleged chemical exposure while occupying temporary housing after Hurricane Katrina; reviewed and allocated attorneys’ fees)

•  In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La. J.P.M.L.) (Court-Appointed Mediator and Court-Designated Neutral; developed methodology for allocating BP’s $2.3 billion settlement fund to thousands of Gulf of Mexico seafood harvesters who alleged economic damage as a result of the Deepwater Horizon explosion and ensuing oil spill; appointed to investigate and resolve issues surrounding multi-billion dollar business economic loss settlement)

•  In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2047 (E.D. La. J.P.M.L.) (Court-Appointed Mediator and Special Master; secured commitments from more than 500 defendants to global settlement; had allocation responsibilities for $1.1 billion settlement for case in which homeowners alleged defendants were responsible for installation of defective drywall; allocated common benefit and private contract attorneys’ fees)

•  In re: E.I. DuPont de Nemours and Company C-8 Personal Injury Litigation, MDL No. 2433 (S.D. Oh. J.P.M.L.) (Claims Administrator; administered claims process for settlement arising out of alleged chemical exposure due to water contamination)

•  In re: New England Compounding Pharmacy, Inc. Products  Liability Litigation, MDL No. 2419 (D. Mass. J.P.M.L.) (Claims Administrator; administered claims process for settlement arising out of injuries allegedly caused by contaminated medication used in epidural steroid injections)

•  In re: Denture Products Liability Litigation, MDL No. 2051 (S.D. Fla. J.P.M.L.) (Neutral; allocated aggregate settlement fund to plaintiffs who were allegedly injured by defective denture products)

     Other Federal Court Litigation

•  In the Matter of the Complaint of Kirby Inland Marine, LP Owner of the M/V Miss Susan, Kirby 27705, Kirby 27706 Petitioning for Exoneration from or Limitation of Liability, 14-1321 (S.D. Tex.) (Special Master; allocated settlement funds to individuals and businesses allegedly impacted by oil spill; allocated common benefit attorneys’ fees)

•  Blake Chapman, et al. individually and on behalf of others similarly situated v. voestalpine Texas LLC, et al., 2:17-00174 (S.D. Tex.) (Special Master; allocated settlement funds to residents allegedly affected by dust emissions from industrial site)

•  Donald Sadler, et al. v. International Paper Co., 3:09-01254 (W.D. La.) (Special Master; administered mass settlement arising out of alleged environmental contamination)

•  John Burford, et al. v. Cargill, Inc., 05-0283 (W.D. La.) (Special Master; disbursed class settlement funds to thousands of farmers in 47 states who used allegedly defective dairy feed product)

•  Kirby Inland Marine, LP v. FPG Shipholding Panama 47 S.A., et al., 3:19-207 (S.D. Tex.) (Special Master; allocated settlement funds to individuals and businesses allegedly impacted by chemical spill; allocated common benefit attorneys’ fees)

•  Greg Adkisson, et al. v. Jacobs Engineering Group, Inc., 3:13-505 (E.D. Tenn.) (mediator; case involving alleged toxic workplace exposure)

     State Court Litigation

•  In re: MDL Litigation Regarding Texas City Refinery Ultracracker Emission Event Litigation, 10-UC-0001 (Tex. 56th Jud. Dist.) (Special Master; allocated settlement funds to thousands of claimants allegedly affected by refinery explosion)

•  In re: Chevron Refinery Fire Cases, C12-01841 (Cal. Super. Ct., Contra Costa Cty.) (Special Master, allocated settlement funds to thousands of claimants allegedly affected by refinery fire)

•  Michael Sullivan, et al. v. The Worley Companies, et al., 599,055 (La. 19th J.D.C.) (Special Master; allocated settlement funds to claimants with employment agreements arising out of the aftermath of the Deepwater Horizon oil spill)

•  In re: Honeywell, July 20, 2003 Chlorine Release, 511,626 (La. 19th J.D.C.) (Special Master; allocated class settlement funds to several thousand persons allegedly affected by two separate releases from chemical plant; allocated attorneys’ fees)

•  Keisha Desselle, et al. v. Acadian Ambulance Service, Inc., 2010-5885 (La. 12th J.D.C.) (Special Master; allocated settlement funds to insurance policyholders in class action requesting payment reimbursement)

•  Mark Bailey, et al. v. Williams Olefins, L.L.C., et al., 73,678 (La. 18th J.D.C.) (Special Master; made recommendations concerning discovery, case management, mediation, and protocols for settlement allocation in mass action arising from plant explosion)

•  Paul Thompson, et al. v. Williams Companies, Inc., et al., 72,701 (La. 18th J.D.C.) (Special Master; made recommendations concerning discovery, case management, mediation, and protocols for settlement allocation in mass action arising from plant explosion)

•  Arthur Schexnayder, Jr., et al. v. Entergy Louisiana, Inc., et al., 28,907 (La. 23rd J.D.C.) (Special Master; allocated class settlement funds to property owners in more than 20 parishes against utility company for alleged trespass claims)

•  Noretta Thomas, et al. v. A. Wilbert & Sons, L.L.C., et al., 55,127 (La. 18th J.D.C.) (Special Master; allocated class settlement funds to several thousand of residents of and visitors to trailer park alleging ground water contamination; allocated class settlement funds to several thousand landowners alleging chemical pollution claims; allocated attorneys’ fees)

•  Toussaint Battley, Sr., et al. v. Pointe Coupee Parish Police Jury, et al., 41,792 (La. 18th J.D.C.) (Special Master; allocated class settlement funds to property owners damaged by flood)

•  Kristen M. Rhodes v. BG Estate Servs., Inc., et al., 2001-18355 (La. C.D.C.) (Special Master; allocated class settlement funds to mold exposure claimants)

•  Mark S. Creech, et al. v. Acadian Ambulance Service, Inc., 61,236 (La. 18th J.D.C.) (Special Master; allocated settlement funds to insurance policyholders in class action requesting payment reimbursement)

•  Carey C. Abbott, et al. v. Waste Management, Inc., et al., 87,182 (La. 21st J.D.C.) (Special Master; allocated settlement funds to residents allegedly affected by environmental contamination)

•  The Legislative Audit Advisory Council v. Peter Galvan, et al., 621,026 (La. 19th J.D.C.) (Special Master; reviewed more than 10,000 pages of documents to determine validity of privilege claims)

•  Rita H. Holzenthal, et al. v. Sewerage & Water Board of New Orleans, 2001-16969 (La. C.D.C.) (Special Master; allocated settlement to residents allegedly affected by New Orleans Sewerage and Water Board project)

•  Ivan Guidry, et al. v. City of Denham Springs, 28,907 (La. 21st J.D.C.) (Court-Appointed Arbitrator; allocated settlement funds among claimants who were allegedly affected by waste water contamination)

•  Del Dean, et al. v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, 82,490 (La. 15th J.D.C.) (Neutral; allocated settlement funds to property owners and residents who alleged arsenic exposure)

•  Succession of Louise Lyons, P95337 (La. 19th J.D.C.) (Court-Appointed Expert; responsible for case management)

•  Succession of Ervin Ryland, P94195 (La. 19th J.D.C.) (Court-Appointed Expert; responsible for case management)