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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
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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
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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
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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
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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
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Insurance & Casualty Litigation
Third-Party Claims: Unconditional Tenders Versus Offers Of Settlement
Requirements for Third-Party Claims Insurance companies should remember that under La. R.S. 22:1892, an insurer is only required to make an “unconditional” tender/payment to an insured, not to a third-party claimant. The only duty imposed on insurers by La. R.S. 22:1892 with regard to third-party claims is to make a “written offer to settle” any […]
- February 22, 2013
- By Brent Carriere
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Maritime Casualty
Calculating Lost Future Wages in the Fifth Circuit
In Martinez v. Offshore Specialty Fabricators, Inc., 481 Fed. Appx. 942 (5th Cir. 2012), the U.S. Fifth Circuit Court of Appeals addressed the proper standard for calculating damages for lost future earnings under maritime law. The plaintiff, Ramiro Martinez, was a seaman injured in May 2008 while working as a mechanic aboard a derrick barge. Martinez sued […]
- August 30, 2012
- By Brian Perry
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Professional Liability
3rd Circuit Upholds Medical Malpractice Cap for Nurse Practitioners
Medical Malpractice Cap Constitutional and Lower Courts Bound to Follow In Olivier v. Magnolia Clinic, 11-2132 (La. 3/13/12), 85 So. 2d 39, the Louisiana Supreme Court overturned a ruling by the Louisiana Third Circuit Court of Appeal holding that the $500,000 cap under the Medical Malpractice Act (MMA) was unconstitutional when applied to Nurse Practitioners. […]
- May 15, 2012
- By William Parker
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Business Litigation
LA Supreme Court Overrules 3rd Circuit’s Use of Texas Punitive Damages
In Arabie v. Citgo Petroleum Corp., 10-2605 (La. 3/13/12), 89 So. 3d 307, the Louisiana Supreme Court overruled the Third Circuit Court of Appeal’s application of Texas law to award Texas punitive damages. The case involved an oil spill that occurred at a Citgo refinery in Louisiana caused by a tank overflow during severe weather. […]
- May 13, 2012
- By Allen & Gooch
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Maritime Casualty
The US Supreme Court Bases LHWCA Compensation on Year of Injury
Newly Awarded LHWCA Compensation Based on Year of Injury In Roberts v. Sea-Land Services, Inc., 132 S. Ct. 1350 (2012), the US Supreme Court ruled that under the Longshore Harbor and Workers Compensation Act (LHWCA), a claimant is “newly awarded compensation” when he first becomes disabled and is therefore statutorily entitled to compensation. Thus, the […]
- April 20, 2012
- By John Hughes
