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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
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Workers' Compensation
Workers Compensation Defense: the Unwitnessed Accident
What should an employer do in a Workers Compensation defense case where there are no witnesses to corroborate the employee’s story of an accident?
- October 8, 2013
- By Allen & Gooch
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Business Litigation
SEC Administrative Courts Soon to Hear More Cases
Changes to Dodd-Frank means that more securities law cases are likely to be brought before SEC administrative courts rather than federal district court.
- October 7, 2013
- By Allen & Gooch
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Emerging Companies and Start-ups
Startup Equity: Pros and Cons of Working for a Percentage
Startup Equity May Be More Complicated Than It First Appears While offering equity in your company to employees who provide their time and services can help a new or growing company conserve cash, there are a lot of considerations to think about before giving away a piece of your company. For those accepting equity in […]
- September 30, 2013
- By Allen & Gooch
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Employment Law & Litigation
2013 Legislative Update: Louisiana Equal Pay for Women Act
Louisiana Equal Pay for Women Act allows women in the public sector who believe they are being paid less than male coworkers because of their gender to sue.
- September 26, 2013
- By Allen & Gooch
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Maritime Casualty
LHWCA: “Other Adjoining Areas” Must Be Contiguous to Navigable Waters
Status and Situs An individual seeking workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) must satisfy two separate requirements—“status” and “situs.” The “status” test requires that the recipient of benefits be engaged in “maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor worker including a […]
- September 23, 2013
- By Allen & Gooch