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Eldon Fallon

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Eldon Fallon
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Current Court Information:
United States District Court for the Eastern District of Louisiana
Title:   Judge
Position:   Seat #10T
Station:   New Orleans, LA
Service:
Appointed by:   Bill Clinton
Active:   5/10/1995 -Present'
Preceded by:   Adrian Duplantier
Personal History
Born:   1939
Hometown:   New Orleans, LA
Undergraduate:   Tulane U., B.A., 1959
Law School:   Tulane Law, J.D., 1962
Grad. School:   Yale Law, LL.M., 1963

Eldon Fallon is an Article III federal judge for the United States District Court for the Eastern District of Louisiana. He joined the court in 1995 after being nominated by President Bill Clinton.[1]

Education

Fallon graduated from Tulane University in New Orleans with his bachelor's degree in 1959 and later from Louisiana State University Law School with his J.D. degree in 1962. Fallon went on to obtain a Masters in Law in 1963 from Yale Law School.[1]

Professional career

Fallon was a private practice attorney in Louisiana from 1962 to 1995 and also served as an Adjunct Professor at Tulane Law School from 1975 to 1993.[1]

Judicial career

Eastern District of Louisiana

On the recommendation of Louisiana U.S. Senators John B. Breaux and Bennett Johnston, Fallon was nominated to the United States District Court for the Eastern District of Louisiana by President Bill Clinton on February 3, 1995, to a seat vacated by Judge Adrian Duplantier as Duplantier assumed senior status. Fallon was confirmed by the U.S. Senate on May 8, 1995, and received commission on May 10, 1995.[2]

Notable cases

Hospital construction (2010)

     United States District Court for the Eastern District of Louisiana (National Trust for Historic Preservation in the United States v. United States Department of Veterans Affairs, et al, Case 2:09-cv-05460-EEF-JCW)

Judge Fallon ruled against two preservationists who did not want the U.S. Department of Veteran's Affairs and the State of Louisiana to build two new hospitals near the French Quarter in New Orleans. On March 31, 2010, Judge Fallon found no reason to prevent the building project valued at $2 billion to move forward. The judge's ruling found that there were enough environmental impact studies completed before moving the project forward, a main objection by the National Trust for Historic Preservation.[3]

Drywall cases (2009-2011)

     United States District Court for the Eastern District of Louisiana (Fernandez v. Knauf, et.al, 2:09-md-02047-EEF-JCW)

Judge Fallon presided over a trial for many homeowners who sued Knauf Plasterboard because the drywall has a sulfur type substance that deteriorated the drywall causing concerns that their homes may be unlivable.[4]

The judge heard the case as part of 600 different cases that were consolidated into a special multi-district litigation case that would allow many other home owners to settle their cases out of court.[4]

On November 3, 2009, Judge Fallon certified class action status for the lawsuit so litigants across the country could pursue their cases in Louisiana as part of one huge case.[5]

Judge Fallon ruled on April 8, 2010, that Taishan Gypsum must pay $2.6 million dollars in damages to seven Virginia homeowners. Also, Taishan Gypsum must remove the drywall out of the eight homes that had the material installed. The ruling that Judge Fallon made is the first of a series of rulings that would determine other cases as there are over 2,100 cases pending in federal courts involving different Chinese drywall manufacturers.[6]

The first fully contested trial in the drywall case resulted in a verdict on April 27, 2010. The judge ordered drywall manufacturer Knauf Plasterboard Tianjin Co. Ltd to pay a New Orleans couple $164,000 plus all necessary attorneys fees after their drywall products damaged the home of Tatum and Charlene Hernandez in Louisiana.[7]

In December 2011, Knauf proposed an unlimited settlement to repair the homes with the defective drywall. In addition, the company offered $30 million for those who reported health problems because of the material.[8][9]

Courtroom documents-Chinese drywall

  • CLICK HERE for the settlement from December 21, 2011
  • CLICK HERE for the official ruling in Fernandez v. Knauf, et.al, April 22, 2010
  • CLICK HERE for the official ruling in Germano, et.al v. Taishan case, April 8, 2010

See also

External links

References

Federal judicial offices
Preceded by:
Adrian Duplantier
Eastern District of Louisiana
1995–Current
Seat #10T
Succeeded by:
NA