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Insurance & Casualty Litigation
Uber update: Ride Sharing Service Faces New Claims and Regulations
In my previous blog article, Uber Opens in New Orleans Despite Uncertain Legal Implications, I discussed a San Francisco case filed against Uber following a tragic accident in which a six year old girl was killed. The parties in the case have since reached a confidential settlement agreement, leaving many of the questions raised my […]
- November 30, 2015
- By Allen & Gooch
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Maritime Casualty
Successors’ Use of Prior Pre-Employment Medical Exams
In Meche v. Doucet, 777 F.3d 237 (5th Cir. 2015), the U.S. Fifth Circuit Court of Appeals discussed a Jones Act employer’s McCorpen defense to the payment of maintenance and cure benefits. To successfully establish the defense, the employer must show (1) the claimant intentionally misrepresented or concealed medical facts; (2) the non-disclosed facts were […]
- November 24, 2015
- By Allen & Gooch
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Taxation
How to Preserve Predevelopment Appreciation of Real Estate
In a recent article authored by Blaise Sonnier, he reports on preservation of capital gain treatment on predevelopment appreciation of real estate and how to use the capital bailout strategy. How to Preserve Predevelopment Appreciation of Real Estate
- January 29, 2015
- By Blaise Sonnier
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Business Transactions
Trends in Private Equity: Hedge Funds Seek Permanent Capital
Addressing the Problem of Redemption Rights Unlike private equity funds, hedge funds and hedge fund managers must worry about redemption rights — the right of an investor to have his or her capital investment returned. In times of economic downturn when investors may be nervous about a fund’s ability to perform, it is common for […]
- January 8, 2015
- By Allen & Gooch
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Employment Law & Litigation
Blanket Ban On Hiring Convicted Felons Could Present Exposure for Employers Under EEOC Guidelines
Depending upon the nature of their businesses, some employers have traditionally implemented and maintained a policy against hiring individuals who have been convicted of felony crimes. However, after examining this issue, the United States Equal Employment Opportunity Commission (EEOC) declared that using arrest and past conviction records as an “absolute measure” to prevent an individual […]
- December 1, 2014
- By Allen & Gooch
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Insurance & Casualty Litigation
Uber opens in New Orleans despite uncertain legal implications
On September 19, 2014, Uber began operating its Black and SUV services in New Orleans welcoming the Saint’s defensive end, Cam Jordan as its first passenger. Uberx has been operating in Baton Rouge since July 2014, and Baton Rouge Council members recently approved a temporary contract which allows Uber to service the Metro airport. Uber […]
- November 12, 2014
- By Allen & Gooch
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Business Litigation
Fifth Circuit Clarifies Loss Causation Requirements in Securities Class Actions
Plaintiffs Allege Medicare Fraud Led to Artificially Inflated Stock Prices In Public Employees Retirement System of Mississippi, Puerto Rico Teachers’ Retirement System v. Amedisys, Inc., No. 13-30580, 2014 WL 4931411 (5th Cir. Oct. 2, 2014) (“PERSM”), the U.S. Fifth Circuit Court of Appeals clarified the level of pleading required to survive a 12(b)(6) motion to […]
- November 11, 2014
- By Allen & Gooch
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Maritime Casualty
Fifth Circuit: Punitive Damages Not Available for Unseaworthiness
Fifth Circuit Reverses Itself on Punitive Damages The U.S. Fifth Circuit Court of Appeals recently released a 73-page opinion in the en banc rehearing of McBride v. Estis Well Service, L.L.C., No. 12-30714 (5th Cir. Sept. 25, 2014). As reported previously, the court originally ruled that seamen may be able to recover punitive damages for their employers’ […]
- November 10, 2014
- By Allen & Gooch
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Business Transactions
Co-owned hunting land cannot be divided, leads to partition and public sale
Earlier this year, the Louisiana Third Circuit Court of Appeal ruled that co-owned hunting land could not be divided up and therefore had to be sold at public auction. Broussard v. Stutes Farms, LLC, 13-1122 (La. App. 3 Cir. 3/5/14), 134 So. 3d 226. The case involved two co-owned tracts of property totaling 125 acres […]
- November 5, 2014
- By Allen & Gooch
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Employment Law & Litigation
SCOTUS Hears Argument on Compensable Time under FLSA
Is time spent in security screenings compensable time? On October 8, 2014, the United States Supreme Court heard arguments in Integrity Staffing Solutions, Inc. v. Busk, a case that considers the issue of whether time spent by an employee in security screenings is compensable under the Fair Labor Standards Act, as amended by the Portal […]
- October 30, 2014
- By Allen & Gooch
