Mary K. Peyton
Ms. Peyton handles a docket of cases in State and Federal Courts in Louisiana. Mary concentrates her practice on premises liability, construction, product liability, transportation, medical malpractice and professional liability cases.
Over the course of her career, Mary has counseled clients from both the “in house” and outside counsel perspectives. For over 20 years, she served as litigation counsel at two other insurance defense law firms independently handling a docket of over 70 cases in various stages of either pre-suit administrative proceedings or district court litigation, from the opening of the file through closing.
More recently, Mary served as General Counsel for the Louisiana State Board of Medical Examiners. Mary advised the Board on its duties and operations under state and federal law, which included the application of fifteen different sets of practice acts and regulations governing the health care providers the Board regulates, audits and disciplines; drafting Board reports for the Louisiana Legislature, the Legislative Auditor and the state Inspector General; advising the Board on employment matters; addressing public records requests, subpoenas, and public inquiries; promulgating and drafting new and revised administrative regulations; drafting new legislation for the Board; attending and speaking at legislative sessions and other state government meetings with regard to matters affecting the Board; implementing newly enacted laws applicable to the Board and working with both in house and outside counsel regarding Board litigation.
Tulane Law School, New Orleans, Louisiana
Juris Doctor – 1996
Honors: Cum Laude
Tulane Trial Advocacy, Top 10%
Tulane European and Civil Law Forum 1994-96, Editor of law journal
Tulane Law Scholarship 1993-96
Tulane Civil Law Clinic 1995-96, Student attorney
Louisiana State University, Baton Rouge, Louisiana
Bachelor of Arts – 1993
Major: History with a minor in French
Phi Beta Kappa
- State of Louisiana, 1996
- U.S. District Court Eastern District of Louisiana
- U.S. District Court Middle District of Louisiana
- U.S. District Court Western District of Louisiana
- Louisiana Association of Defense Counsel
- Louisiana State Bar Association
- Federation of Associations of Regulatory Boards
Dismissal of Hospital Sponge Case, Affirmed on Appeal
Successfully argued motion for summary judgment on behalf of a hospital sued in a medical malpractice-sponge case, overcoming Plaintiff’s res ipsa loquitur arguments. Obtained dismissal of entire case at trial level, which was affirmed on appeal.
Success on Appeal in a Case of First Impression
In a case of first impression in Louisiana regarding limited liability companies and the statutes that govern such companies, the appellate court reversed the trial court’s dismissal of a dissolution suit. Two members of a limited liability company sought judicial intervention to dissolve the company following disagreement among the members of the company respecting the company’s management. The trial court’s dismissal of the suit to dissolve the company was appealed. The appellate court ruled that the trial court could not set aside various provisions of the company’s operating agreement and should have ordered its dissolution as requested.
Defense Verdict in HIV+ Misdiagnosis & Patient Abandonment Case, Affirmed on Appeal
Second chair on a five day judge trial resulting in defense verdict in a case in which Plaintiff alleged a physician mis-diagnosed an HIV+ test result and then abandoned her with no referral. Successfully litigated the matter to a defense verdict and defended the appeal, securing affirmance of take-nothing verdict.
Physician Dismissed from Alleged Untimely Cancer Diagnosis Action
Successfully argued motion for summary judgment on behalf of physician with regard to death case involving alleged malpractice in failing to timely diagnose cancer. Obtained a dismissal of entire case at trial level, which was affirmed on plaintiff’s appeal.
Electric Company Kept In Play
Briefed and secured reversal of a trial court’s dismissal of client/landowner’s third-party demand against electric company in a motor vehicle accident case. Plaintiff alleged that foliage on the landowner’s property, and within electric company’s servitude, contributed to the cause of the accident and the client impleaded the electric company seeking relief. The appellate court ruling returning the electric company to the action supported a favorable settlement via mediation.
Exception of Prescription Sustained following Appeal, Claims Dismissed
Successfully appealed the denial of Exception of Prescription filed on behalf of two physicians in a case alleging malpractice in the care, labor and delivery of baby with alleged cerebral palsy damage. The appellate court reversed the trial court’s ruling and sustained the Exception of Prescription, dismissing all claims against the two physicians.
The Eyes Have It
Conducted discovery, interviewed witnesses and medical review panel experts, and drafted successful Motion for Summary Judgment on behalf of two ophthalmologists and a surgery center in an action alleging medical malpractice during a cataract surgery. Secured judgment dismissing the action and successfully defended the subsequent appeal.