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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
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Insurance & Casualty Litigation
Commercial General Liability Total Pollution Exclusion Endorsement
Commercial General Liability Total Pollution Exclusion Endorsement Will Not Apply to All Contact with Pollutants In its 2000 decision of Doerr v. Mobil Oil Corp., 774 So.2d 119 (La. 2000), the Louisiana Supreme Court reshaped the application of the Commercial General Liability Total Pollution Exclusion Endorsement, overruling its previous position expressed in Ducote v. Koch […]
- April 15, 2014
- By Allen & Gooch
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Emerging Companies and Start-ups
Fundera, New Site Helps Entrepreneurs Find Alternative Lending Options
Group Me Founders, Jared Hecht and Steve Martocci, have launched a new alternative lending platform for small businesses called Fundera. The Challenge of Financing a Small Business It’s a problem that all start-ups, entrepreneurs, and small businesses face – capital. Whether you have a great idea and you are trying to build the proof of […]
- April 10, 2014
- By Allen & Gooch
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Employment Law & Litigation
FLSA Outside Sales Exemption: Recent Favorable Ruling for Employer
Federal Court Rules Loan Officers are Exempt from Overtime Prospect Mortgage faces more than one hundred cases on whether loan officers were exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). Prospect has argued that the loan officers were exempt from the FLSA overtime provisions because the primary duties […]
- April 8, 2014
- By Allen & Gooch
