Comments from the Chair

• Pages: 6-8
• Date: 01 January 2025
• Author: Keith J. Bergeron
• Subject Matter: Civil Law

Published in The Construction Lawyer Volume 44, Number 1, ©2025 by the American Bar Association. Reproduced with

permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any

means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Forum on Construction Law The Construction Lawyer Winter 2025

6

By Keith J. Bergeron

Keith J. Bergeron is partner of Deutsch Kerrigan, LLP, New Orleans, Louisiana.

“Engage, educate, equip, encourage, empower, energize, and elevate. Those are the methods for

maximizing the potential of any individual, team, organization, or institution for ultimate success and

significance. Those are the methods of a mentor leader.”—Tony Dungy

After leading the Indianapolis Colts to a Super Bowl victory in February 2007, Head Coach Tony Dungy

retired from the NFL the year before my New Orleans Saints, led by future Hall of Fame Quarterback

Drew Brees, defeated Quarterback Peyton Manning and the Colts. Even though Coach Dungy did

not walk the sideline in Miami during Super Bowl XLIV, he built the roster. That Colts team played

tenaciously and were heavily favored by the sports books given their superstar quarterback, New

Orleans’s own Peyton Manning.

My family and friends held a Super Bowl watch party at our home. We had a television in every room,

including a small device that projected the game onto our largest wall in the living room. The Saints

radio broadcast played outside for those who needed to escape the visual tension. During the game, the

momentum swung back and forth. No one spoke. There was silence, like we were at Sunday Mass, until

someone scored and the reactions were priceless.

Maybe you don’t understand Saints history. The Saints were created on All Saints Day, November 1,

1966. The team became the 16th NFL franchise, granted from pure Louisiana politics. New Orleans

had sought an NFL franchise for over five years and hosted numerous exhibition games, but the city

was always denied. Then, the National Football League and the American Football League negotiated a

merger agreement. But the merger required the approval of Congress because the merger would violate

federal antitrust laws, resulting in serious fines. At the time, the US House Majority Whip was Louisiana’s

own Hale Boggs. Boggs, known for his negotiating skills, convinced NFL Commissioner Pete Rozelle to

grant the next franchise to New Orleans and, in exchange, Boggs would push a bill through Congress in

favor of the merger and provide the NFL an exemption under the federal antitrust act.

Some in Louisiana may say that such a deal doomed the franchise from the start. The Saints went 20

consecutive seasons without a winning record. They earned their first winning record and playoff berth

in 1987. However, they didn’t earn their first playoff win until 2000, their 34th season. But the truly wise

said that Hurricane Katrina washed it all away. And, in fact, in 2006, everything changed with Head

Coach Sean Payton and Drew Brees.

We watched Sean and Drew motivate the team that season on television and other media. Drew’s chants

before kickoff became legendary and were broadcast on national television. Sunday football motivated

this city. We finally knew that we were winners. We had swagger. But we didn’t have a Vince Lombardi

Trophy.

That changed on February 7, 2010, in the fourth quarter with the Colts driving in Saints territory. On

third down, Saints cornerback Tracy Porter (a Port Allen, Louisiana, native) jumped in front of Colts wide

COMMENTS FROM THE CHAIR