-
Business Litigation
LA Supreme Court Strikes Down Statutes Targeting Athletic Association
In Louisiana High School Athletics Association, Inc. v. State, 12-1471 (La. 01/29/13), 107 So.3d 583, the Louisiana Supreme Court ruled that Title 17 statutes modifying the private athletic association’s corporate bylaws were unconstitutional special laws. The court further found that the association was not a public body subject to the Open Meetings Law. Finally, the court […]
- April 5, 2013
- By Troy Broussard
-
Business Litigation
Nonconforming Uses Of Residential Property
In Tolmas v. Parish of Jefferson, 47,555 (La. App. 2 Cir. 2/20/13), — So.3d —, the Louisiana Second Circuit Court of Appeals addressed how prior exceptions to the parish zoning regulations applied to subsequent landowners of a commercial property attempting to develop the property. In order for a subsequent landowner to take advantage of the exceptions […]
- April 5, 2013
- By Allen & Gooch
-
Workers' Compensation
Changes For Out-Of-State Insurance Companies Possible In Workers’ Comp
In Faustino Duarte-Ortega v. Disaster Recovery Services, LLC d/b/a D R Services and Dallas National Insurance Carrier, no. 12-883 (La. App. 5 Cir. 12/27/12), the Louisiana Fifth Circuit Court of Appeals denied a writ application by the defendants. The trial court below ordered the defendants to retain an in-state claims adjuster to handle Mr. Duarte-Ortega’s compensation claim under […]
- March 25, 2013
- By Allen & Gooch
-
Maritime Casualty
U.S. Fifth Circuit Discusses Removal Of OCSLA Claims
In a February 2013 opinion, Barker v. Hercules Offshore, Inc., 706 F.3d 680 (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals expounded on procedural issues involving removal of cases to federal court pursuant to the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.A. 1331, et seq (West 2012). The opinion cleared up problematic issues of subject matter jurisdiction, […]
- March 25, 2013
- By Allen & Gooch
-
Insurance & Casualty Litigation
Louisiana Supreme Court Extends UM Coverage To Passengers
The Louisiana Supreme Court, in Bernard v. Ellis, 11-2377 (La. 7/2/12), 111 So.3d 995, recently ruled that a guest passenger in an insured vehicle should be considered an insured for uninsured/underinsured (UM) coverage purposes. The ruling is based upon an application of Louisiana’s statutory omnibus clause, La. R.S. 32:900(B)(2), which mandates coverage for any person “using […]
- March 13, 2013
- By Brent Carriere
-
Business Litigation
Right To Recover Court Costs Under Fair Debt Collections Practices Act
The Supreme Court in Marx v. General Revenue Corp., 133 S.Ct. 1166 (2013), addressed the ability of district courts to award costs to a prevailing party when the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. § 1692k, governed the underlying claim. The Petitioner, Marx, defaulted on a student loan. In response to the collection efforts of General […]
- March 13, 2013
- By Allen & Gooch
-
Insurance & Casualty Litigation
Legacy Reform Limits Liability
With a history of extensive claims and monetary awards never being used to actually remediate property, the state has struggled with how to handle the environmental damage in legacy cases. New legislation hopes to ease the burden, particularly on business.
- March 8, 2013
- By Allen & Gooch
-
Employment Law & Litigation
Business Preparation For Affordable Care Act Effective In 2014
Beginning in 2014, the Affordable Care Act provides new incentives to small businesses through tax credits and options to purchase health coverage for their employees, but larger businesses face greater regulations that subject them to an Employer Shared Responsibility payment if proper health insurance coverage is not paid to 95% of its employees. The Act […]
- March 4, 2013
- By Allen & Gooch
-
Insurance & Casualty Litigation
SSA Broadly Construed When Deciding Whether To Award Attorney’s Fees
The U.S. Fifth Circuit Court of Appeals recently addressed the award of attorneys’ fees under Section 406(b) of the Social Security Act. In Jackson v. Astrue, 705 F.3d 527 (5th Cir. 2013), the plaintiff appealed the Social Security Administration’s (“SSA’s”) denial of his claim for disability-insurance benefits and supplemental-security-income benefits. A district judge in the Northern […]
- March 4, 2013
- By Allen & Gooch
-
Business Litigation
LA Second Circuit Court Demands Support For Landowner’s Right Of Use
The Court in WRW Properties, LLC v. City of Shreveport, 47, 657 (La. App. 2 Cir. 1/16/13), 112 So.3d 279, used strong language in protecting a property owner’s right of use. The Honorable Judge Drew opens by stating: “this case is about a city council arbitrarily preventing a property owner from using its property exactly as […]
- February 22, 2013
- By Allen & Gooch
