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Maritime Casualty
Is Your Contract Governed By General Maritime Law?
In the absence of express provisions to the contrary, maritime contracts are to be governed by and interpreted under general maritime law. In other words, contractual disputes will be resolved under maritime law (rather than state law) if the applicable contract is a maritime contract. Is the Contract Maritime in Nature? When determining whether a […]
- June 13, 2014
- By Alan Stewart
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Business Transactions
Think Twice Before Giving a Power of Attorney: It May Be Broader Than You Realize
Where Personal Guaranties and Power of Attorney Intersect In Gulf Coast Bank and Trust Co. v. Montoli & Pitre, LLC, ___ So.3d ___, 2014 WL 970155 (La. App. 5 Cir. 3/12/14), the principal and agent (a married couple) were members of Montoli & Pitre, LLC (“Borrower”), and in connection with a closing in which the […]
- June 9, 2014
- By Emile Joseph
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Employment Law & Litigation
Pay to Quit Policies: How to Protect Your Business
Major Companies Trying Out New Pay to Quit Policies Zappos introduced an innovative human resources policy known as Pay to Quit that is now being adopted by other employers. Amazon explained the policy behind a Pay to Quit policy in a letter to their shareholders “[t]he goal is to encourage folks to take a moment […]
- June 4, 2014
- By Allen & Gooch
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Professional Liability
When can insurance agent peremption be extended to an insurer?
Denial of Health Insurance Based on Missing Information In the case of Sibley v. Blue Cross Blue Shield of Louisiana, 2014 WL 1100158 (La. App. 1 Cir. 3/20/2014), Blue Cross Blue Shield of Louisiana (“BCBS”) retroactively cancelled Ms. Laura Sibley’s health insurance policy after BCBS discovered information that demonstrated that Ms. Sibley’s pre-existing condition was […]
- June 2, 2014
- By Allen & Gooch
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Workers' Compensation
Employers face a steep burden to prove an employee’s “willful intent to injure”
Workers Compensation Defenses Available to Employers Louisiana Revised Statute 23:1081 includes a list of various defenses available to an employer faced with an injured employee. The first defense provides that “No compensation shall be allowed for an injury caused… by the injured employee’s willful intention to injure himself.” Must Prove Intent to Self-Injure by Preponderance […]
- May 27, 2014
- By Allen & Gooch
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Maritime Casualty
Second Circuit: No “Maritime Rescue Doctrine” for Seamen
When can coming to the rescue create tort liability? Under the “maritime rescue doctrine,” a would-be rescuer in a maritime emergency can only be held contributorily liable for injuries he sustained during the rescue attempt if his conduct was “reckless and wanton.” The doctrine is premised on the idea that rescuers in emergency situations must […]
- May 23, 2014
- By Allen & Gooch
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Workers' Compensation
Medical Treatment Guidelines Apply to all medical treatment after July 13, 2011
On May 7, 2014, The Supreme Court of Louisiana issued a decision holding that La. R.S. 23:1203.1 (AKA “Medical Treatment Guidelines”) apply to all requests for medical treatment made after July 13, 2011(the effective date of the statute), regardless of the accident date. The Supreme Court reviewed the facts of Church Mut. Ins. Co. v. […]
- May 16, 2014
- By Allen & Gooch
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Business Transactions
Hart Scott Rodino 101:When You Have to Report Transactions to the Feds
For many entrepreneurs, the opportunity to sell your company is a dream come true. After all of your hard work, you have built something valuable that someone else would like to purchase, allowing you to start a new venture or perhaps retire. Among all of the legal issues surrounding the sale of a business hides […]
- May 6, 2014
- By Allen & Gooch
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Emerging Companies and Start-ups
Silicon Bayou 101: Start-Up Lessons from a Tech Satire
Satire Highlights Key Issues for Start-Ups HBO recently aired its new series Silicon Valley a tech satire that follows Richard, an employee of Hooli, that develops a computer program that uses an algorithm to compress data at a faster rate. Although a satire, the first episodes have raised numerous questions regarding the legal risks and […]
- May 5, 2014
- By Allen & Gooch
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Employment Law & Litigation
Court Highlights Importance of Drafting Consistent Employment Policies
Vacation Time Owed Must be Calculated When Employment Ends In Grady v. Choices of Louisiana, Inc., — So.3d — (La. App. 5 Cir. 3/12/14), Plaintiff Tisha Grady was hired as a licensed practical nurse with Choices of Louisiana, Inc., an opioid treatment center. Ms. Grady was hired before July 1, 2010, and she was eligible […]
- April 21, 2014
- By Allen & Gooch
