Monique M. Weiner

Monique M. Weiner

Monique is a Founding Partner of Kuchler Polk Weiner, LLC. and is also the managing partner of the firm. She has tried diverse bench and jury trials to verdict. Her litigation specialties are toxic tort, environmental contamination, product liability, employment discrimination, and maritime cases.


 SIGNIFICANT TRIAL EXPERIENCE
  • As lead trial counsel, obtaining defense verdict after a two week trial on reverse False Claims Act and retaliation case involving claims of failure to report under the Toxic Substances and Control Act (“TSCA”)
    • After trial court reversed the verdict, the Fifth Circuit Court of Appeal found that the plaintiff’s reverse False Claims Act cause of action was not viable.  See United States ex rel. Simoneaux v. E.I. du Pont de Nemours and Company, 843 F.3d 1033  (5th Cir.2016).
  • Trying to defense verdict in St. Louis, MO, after a four week trial, a living mesothelioma claim involving alleged take-home asbestos exposure
  • Trying to defense verdict in Mississippi two separate cases involving multiple myeloma and pediatric liver cancer wrongful death allegedly arising from chemical plant emissions, including dioxin and heavy metals
  • Trying to judgment a wrongful death claim for a seaman’s acute myelogenous leukemia as a result of alleged benzene exposure
  • Obtaining a defense judgment after a bench trial involving class action claims arising from a plant release for which liability was stipulated, but not causation and damages
  • Successfully recovering property damage and loss of natural gas reserves after a month-long bench trial as a result of an explosion of a natural gas production platform for the plaintiff platform owners and natural gas leaseholders
  • Defending a railroad from wrongful death and personal injury claims during jury trials in both federal and state court in Louisiana
  • Obtaining favorable results for plaintiffs in jury trials in federal court in New Orleans against a national insurance company and BankOne
  • Defending the interests of a prominent publication in a construction-related trial in Mississippi

IMPORTANT LITIGATION INVOLVEMENT
  • Often selected by a major U.S. automotive manufacturer as trial counsel for cases handled pre-trial by other firms, including:
    • in asbestos/mesothelioma cases pending in Delaware and Madison County, Illinois
    • in a benzene/acute myelogenous leukemia case pending in Dallas, Texas
  • Manages a docket of benzene exposure cases in which she represents several major U.S. oil companies
  • Defends management against discrimination complaints filed with the Equal Employment Opportunity Commission (“EEOC”) and resulting lawsuits

 
PROFESSIONAL RECOGNITION
PROFESSIONAL RECOGNITION
  • Received the highest rating available, AV Preeminent, from Martindale-Hubbell
  • Selected as a 2008; 2015 & 2016 Louisiana Super Lawyer
 
PUBLICATIONS
PUBLICATIONS
  • Monique’s article regarding the United States’ Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011) was posted on the ABA Section of Litigation, Product Liability Committee’s News & Developments webpage. In that case, several states and a land trust filed suit seeking injunctive relief against five major electric power companies, to set carbon dioxide emissions for each defendant at an initial cap, to be reduced annually. See the article here.
 
PROFESSIONAL ACTIVITIES AND PRESENTATIONS
PROFESSIONAL ACTIVITIES AND PRESENTATIONS
  • Co-Chair of ABA Products Liability Committee, Section of Litigation (2016 to the present)
  • Planning Committee Member for 2017 ABA Women in Litigation Joint Conference
  • Program Co-Chair for ABA 2015 Environmental, Mass Torts and Products Liability Litigation Committees’ Joint CLE Seminar
  • Moderated and participated in panel presentation entitled “What You Don’t Know Might Hurt You: an Examination of the Expanding Federal False Claims Act and its Impact on Regulated Businesses” at the 2015 Environmental, Mass Torts and Products Liability Litigation Committees’ Joint CLE Seminar
  • Moderated and participated in panel presentation entitled “Sponsorship v. Mentorship” at the 2013 ABA Women in Product Liability Regional Meeting
  • April 2012: Presenter at American Conference Institute’s 3rd National Forum on Chemical Products Liability and Environmental Litigation’s session on “Arguing Against Exposure Pathways and Defeating the Causal Nexus to Injury”, Chicago, IL
  • October 2011: Moderated and presented a panel discussion on ethics at the 6th Annual Chemical and Industrial Products Regional CLE Workshop in Wilmington, Delaware. Monique was senior co-chair of the Chemical subcommittee which organized the conference. The Chemical subcommittee operates under the Products Liability Committee of the ABA’s Section of Litigation.
  • September 2011: Webinar hosted by Strafford Publications, Inc. entitled “Cross-Examination of Hostile Witnesses-Crafting Cross-Examination Strategies, Optimizing Technology and Applying Psychology Tools.”
 
PUBLISHED DECISIONS
PUBLISHED DECISIONS
  • United States ex rel. Simoneaux v. E.I. du Pont de Nemours and Company, 843 F.3d 1033  (5th Cir.2016)
  • Wright v. ANR Pipeline Co, et al., 652 Fed. Appx. 268 (5th Cir. 2016)
  • Richard v. DuPont Company, 2010 WL 3852347 (5th Cir. 2010)
  • Johnson v. EI duPont de Nemours & Company, Inc., 2009 WL 91481 (La. App. 5 Cir. 1/13/09)
  • Rogers v. Bank One Corp., 2003 WL 24056220 (E.D. La. 3/12/03)
  • Warren v. Sabine Towing and Transp. Co., Inc., 01-0573 (La. App. 3 Cir. 10/30/02), 831 So.2d 517
  • McCarra v. Illinois Central R. Co., 01-298 (La. App. 4 Cir. 9/25/01), 798 So.2d 252

PERSONAL INFORMATION

Monique graduated from the Paul M. Hebert School of Law at Louisiana State University in 1994. She received her undergraduate degree in Political Science from Baylor University in Waco, Texas in 1991, after only three years of college enrollment. She is admitted to the state bars in Louisiana and Texas.

Monique is a native of Covington, Louisiana, where she currently resides. She is a member of the St. Scholastica Academy Board of Advisors, where she attended high school and where her daughter is now a student. She and her husband, Michael, have two children, Alex and Kaitlyn. She is an avid runner and believes personal records are important in all aspects of life!