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Business Litigation
Arbitration Strongly Favored by Louisiana Third Circuit Court
Arbitration Decisions Often Binding Under Louisiana Law In Detraz v. Banc One Securities Corp., et. al., 2013-191 (La. App. 3 Cir. 10/9/13), — So.3d —, the plaintiff appealed the trial court’s confirmation of an arbitration award. The Appellate Court affirmed the decision of the Fifteenth Judicial District Court highlighting the binding nature of arbitration decisions […]
- November 8, 2013
- By Allen & Gooch
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Insurance & Casualty Litigation
Reservation of Rights and Retaining Independent Counsel in Texas
Applying Texas law, the U.S. Fifth Circuit Court of Appeals recently issued an opinion concerning an insured’s right to independent counsel when an insurer issues a reservation of rights letter. In Downhole Navigator, L.L.C. v. Nautilus Ins. Co., 686 F.3d 325 (5th Cir. 2012), the Court held that an insured is only entitled to independent […]
- November 6, 2013
- By Allen & Gooch
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Business Litigation
Appellate Courts Maintain Narrow Use of Unjust Enrichment Claims
Third Circuit Limits Use of Unjust Enrichment and Breach of Contract In the recent decision of Crowded Cabin, LLC v. TKLL Hebert, LLC, 2013-208 (La. App. 3 Cir. 10/30/13), — So.3d —, the Third Circuit Court of Appeal sustained an Exception of No Cause of Action holding that the plaintiff, Crowded Cabin, LLC, had not […]
- November 5, 2013
- By Allen & Gooch
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Insurance & Casualty Litigation
6 Things to Know About UM Coverage in Louisiana
Punitive damages Excluding punitive damages from UM coverage does not conflict with the purpose of the UM statute and should be given full effect. Fortier v. Hamblin, 610 So.2d 897 (La. App. 1st Cir. 1992). Judicial interest Once a lawsuit is filed, the claim necessarily increases to take into account accrued interest. Therefore, the amount […]
- October 31, 2013
- By Brent Carriere
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Taxation
2013 Legislative Update: Louisiana Energy Tax Credits
Louisiana Energy Tax Credits Encourage Taxpayers to Go Green In this summer’s session, the legislature made several changes to the Louisiana Energy Tax Credits, particularly those dealing with alternative fuel vehicles, wind energy systems, and solar energy systems. Individuals and businesses considering investing in these alternative energy products should consult with their tax planning professional […]
- October 25, 2013
- By Allen & Gooch
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Maritime Casualty
Are Punitive Damages Again Available in Unseaworthiness Cases?
Fifth Circuit Holds Punitive Damages Allowable for Certain Claims Last week, in McBride v. Estis Well Serv., L.L.C. (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals held that seamen may recover punitive damages for their employers’ willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. In its […]
- October 16, 2013
- By Allen & Gooch
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Workers' Compensation
2013 Legislative Update: Changes to Louisiana Workers Compensation
Louisiana Workers Compensation Changes Again, Less Than a Year After Substantial Reform In this summer’s session, the Louisiana Legislature made numerous changes to the Workers’ Compensation laws. Businesses and employers should be sure to work closely with counsel to ensure they are in compliance with the new laws. Some of these changes include: Act No. […]
- October 15, 2013
- By Allen & Gooch
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Construction Law
2013 Legislative Update: Louisiana Construction Law
In this summer’s session, the legislature made three changes to Louisiana construction law. The Private Works Act In Act No. 277, the Louisiana legislature amended La. R.S. 9:4822(G)(4), part of the Private Works Act, to change the notice required in order to preserve a claim or privilege. Now, a claimant is not required to attach […]
- October 11, 2013
- By Allen & Gooch
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Emerging Companies and Start-ups
2013 Legislative Update: Louisiana Entertainment Tax Credits
Find out how key changes to three of the Louisiana entertainment tax credits could affect and benefit your business.
- October 10, 2013
- By Clay Allen
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Maritime Casualty
Punitive Damages allowed by Louisiana Federal Court in LHWCA Suit
Will Punitive Damages Now be Available in Louisiana for Offshore Injuries? In Callahan v. Gulf Logistics, L.L.C., No. 6:06-CV-561 2013 WL 5236888 (W.D. La. Sept. 16, 2013), the Western District of Louisiana recently permitted a plaintiff to pursue punitive damages in a vessel negligence lawsuit for injuries allegedly sustained outside territorial waters, pursuant to section […]
- October 9, 2013
- By Allen & Gooch
