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Insurance & Casualty Litigation
Anti-indemnity Provisions of Motor Carrier Transportation Agreements
Louisiana law invalidates certain provisions in motor carrier transportation agreements. With certain limitations, Louisiana Revised Statute (“La. R.S.”) 9:2780.1 invalidates two potential provisions of motor carrier transportation agreements entered into after January 1, 2011. First, La. R.S. 9:2780.1 invalidates any provision within a motor carrier transportation contract which seeks to require one party to defend […]
- January 22, 2014
- By Allen & Gooch
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Business Transactions
Choosing a Business Structure for Your Louisiana Company
Different Types of Business Structures With several ways to structure a business in Louisiana, choosing the best structure for your business can seem like a difficult task. Here are a few things for business owners to think about and discuss with their legal counsel when structuring their business entity. Sole Proprietorships may be easy, but […]
- January 13, 2014
- By Allen & Gooch
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Employment Law & Litigation
Arbitration Agreements with Class Action Waivers Violate NLRA
Employers Cannot Eliminate an Employee’s Right to Sue Over Unfair Labor Practices by Arbitration Agreement In D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board (NLRB) held that D.R. Horton, Inc. (Horton) had violated the National Labor Relations Act (NLRA) by requiring employees to sign an arbitration agreement […]
- January 10, 2014
- By Allen & Gooch
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Business Litigation
2nd Circuit Addresses Evidence Required to Contest Arbitration Clauses
In Hanlon v. Monsanto Ag Products, LLC, 48,010 (La. App. 2 Cir. 10/9/13), — So.3d —, the Second Circuit Court of Appeal held that the arbitration clause contained in an agreement between cotton farmers, manufacturers, and sellers was enforceable. Trial Court Held Arbitration Clause Unenforceable The plaintiffs were cotton farmers who filed a redhibition action […]
- January 6, 2014
- By Allen & Gooch
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Estate Planning and Administration
Federal Estate Tax Exemptions and “Portability”
American Taxpayer Relief Act sets new federal estate tax exemption The American Taxpayer Relief Act set the new federal estate tax exemption at $5.25 million per decedent, or $10.5 million for a married couple. In addition, the new “Portability” provisions allow the estate of a deceased spouse who doesn’t use all of his $5.25 exemption […]
- January 2, 2014
- By Allen & Gooch
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Business Litigation
Accord and Satisfaction: When Partial Payment Means Payment in Full
How to Settle a Debt by Only Paying Part of it Under Louisiana law, accord and satisfaction is the settlement of a debt by partial payment. In Complete Medical Systems, LLC v. Health Net Federal Services, LLC, 13-0367 (La. App. 1 Cir. 11/1/2013), — So. 3d —, the Louisiana First Circuit Court of Appeal applied […]
- December 30, 2013
- By Jessica Allain
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Maritime Casualty
Job Reassignment May Change Your Employee’s Seaman Status
We previously wrote that, in order to be a seaman, an employee’s job duties must “contribute to the function of a vessel or to the accomplishment of its mission,” and he must have a substantial connection to a vessel or fleet of vessels. This two-part test begs the question: what is the relevant time period […]
- December 27, 2013
- By Allen & Gooch
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Business Transactions
5 Reasons All LLC’s Need an Operating Agreement
An Operating Agreement is an agreement between the members of an LLC about how the affairs of the business will be handled. Many businesses, whether just starting out or fully established, may not realize they need an Operating Agreement. Here are the top 5 reasons every LLC should have an operating agreement: 1. Death, Divorce, […]
- December 23, 2013
- By Allen & Gooch
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Business Litigation
Will Disparate Impact Claims Apply to the Federal Fair Housing Act?
Disparate Impact Claims of Discrimination and the Fair Housing Act The United States Supreme Court was scheduled to hear arguments in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc. to address whether disparate-impact claims of discrimination may be brought under the federal Fair Housing Act of 1968. Ultimately, the case settled and the issue […]
- December 20, 2013
- By Allen & Gooch
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Taxation
2013 Legislative Update: Changes to Louisiana Tax Credits
Louisiana Tax Credits Amended in the 2013 Legislative Session There were many changes to the system of Louisiana tax credits administered by Louisiana Economic Develop in the 2013 Louisiana Legislative Session. To close out our 2013 Legislative Update series, here are some highlights of changes to the state’s tax credit regime. Louisiana New Market Jobs […]
- December 18, 2013
- By Allen & Gooch
