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Business Litigation
Tension Between New Tort Reform Law and Direct Action Statute
The Louisiana Direct Action Statute, La. Rev. Stat. 22:1269, generally allows Plaintiffs to sue its insurance company and another’s insurance company directly when the policy is written or delivered upon in Louisiana, or when the accident occurs in Louisiana. The Plaintiff must name both the insured and the insurer; however, when certain circumstances exist, the […]
- July 27, 2020
- By Brent Maggio
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COVID-19
Workers’ Compensation Legislative Update: COVID-19 & Legislative Session Recap
Governor John Bel Edwards issued multiple orders over the past several months due to COVID-19, that affected workers’ compensation in Louisiana. All legal deadlines were suspended from March 17, 2020 until June 15, 2020, and liberative and peremptive prescription delays were suspended from March 17, 2020 until July 5, 2020. All legal delays, including prescription, […]
- July 22, 2020
- By Allen & Gooch
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Workers' Compensation
The Independent Medical Examination – Can It Be Used to Address Causation?
Under the Louisiana Workers’ Compensation Act, both the employee and the employer have a right to choose their own physicians. While the employee has a right to an initial choice of treating physician, the employer has the right to choose its own physician in order to examine the employee and render a Second Medical Opinion […]
- June 26, 2020
- By Allen & Gooch
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Business Litigation
OSHA Update: COVID-19
New guidance from the Occupational Health and Safety Administration (OSHA) regarding COVID-19 became effective on May 26, 2020. This new guidance rescinds and replaces the previous COVID-19 guidance issued on April 10, 2020, and is intended to be effective until further notice. Under the new guidance, a COVID-19 illness is a recordable incident that must be recorded […]
- May 28, 2020
- By Allen & Gooch
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Business Transactions
SBA Publishes Interim Final Rules for Payroll Protection Program
On April 2, 2020, the Small Business Administration (“SBA“) issued the Interim Final Rules (the “Rules”) for the Payroll Protection Program (the “PPP”), which are found at 13 CFR Part 120, to outline Sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Although there is a possibility the […]
- April 3, 2020
- By Allen & Gooch
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Business Litigation
The Novel Coronavirus (COVID-19) and Performing Your Contractual Obligations
As state and federal leaders increasingly implement restrictions on everyday life – including business functions – in an effort slow the spread of COVID-19, you may find yourself suddenly concerned about fulfilling your contractual obligations. In such a case, you may quickly begin to wonder whether you are protected from liability if you cannot perform […]
- March 30, 2020
- By Emile Joseph
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Business Litigation
Business Interruption Insurance and the Coronavirus (COVID-19)
With the spread of COVID-19 in Louisiana, the governor has ordered business in Louisiana to close or greatly reduce operations. Many business owners have obtained insurance in order to protect their companies from losses associated with business interruptions. This coverage may be something you specifically requested, or may be included as part of your broader […]
- March 29, 2020
- By Emile Joseph
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Business Litigation
Express Loan Changes Under the CARES Act
The CARES Act is the recent legislation targeted to providing assistance to those impacted by COVID-19. The legislation includes changes to several existing programs including the existing SBA Express Loan program. While the specifics of the changes and administration of the program will become more clear in the coming weeks, there is some limited information […]
- March 29, 2020
- By Allen & Gooch
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COVID-19
Navigating Payroll through COVID-19 – Resources for Employers
With the recent changes to the work environment, there are numerous questions for employers regarding payroll obligations and leave available to employees. Additionally, what resources and relief are available to employers? The following identifies three key resources available to help employers navigate through these challenging times. 1) Payroll Protection Loan Employers may be eligible for […]
- March 29, 2020
- By Allen & Gooch
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Business Litigation
Highlights for Employers from the Q&As Issued by the DOL on Paid Leave
The Department of Labor issued a series of Q&As regarding the Family First Coronavirus Response Act (FFCRA) that expands the Family Medical Leave Act and requirements of Paid Leave. I would encourage all employers to review the recent guidance from the DOL available at: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. A few highlights from the Q&A’s were as follows: Businesses […]
- March 28, 2020
- By Allen & Gooch
