Louisiana Business Law Blog

Remembering Frank A. Flynn

On Tuesday, May 14th, Allen & Gooch lost an exceptional attorney, colleague, and friend with the passing of beloved Partner Frank A. Flynn. We were lucky enough to enjoy his kindness, his monotone, but definitely not boring, jokes that were so unique to Frank, and, best of all, his friendship for nearly 40 years. The […]

Employment Law & Litigation

Drug Testing: Is Zero Tolerance Still the Best Policy?

Our company maintains a drug-free workplace. Our business has zero tolerance for drug use. An employee’s positive drug screen equals termination. While this has been a common practice for employers, the landscape surrounding drug testing is changing and is an area that merits continued monitoring by employers. For example, medical marijuana can be legally prescribed at […]

Private/Parochial School Law

Employer Liability Arising out of Student/Faculty Sexual Misconduct

Employers are liable for the negligent acts/omissions of their employees that occur during the course and scope of employment. This type of liability is referred to as “vicarious liability.” Generally, activities of an employee that are purely personal in nature and outside the scope of the employee’s job duties (e.g., sexual interactions with a student) […]

Insurance & Casualty Litigation

Found Treasure: How a Claimant’s Bankruptcy Filing May Uncover New Defenses

One of the many questions one should always ask any claimant is whether he or she has ever filed for bankruptcy. The reason is twofold. First, depending on the timing and nature of the bankruptcy filing, the claimant may have forfeited standing to pursue (or further pursue) a claim that is part of a bankruptcy estate of […]

Workers' Compensation

Using Maximum Medical Improvement to Request Independent Medical Examinations

Doctors generally use the term “maximum medical improvement” or “MMI” to signify that a patient is as well as he/she will get with the aid of conventional medicine and treatment. Under General Maritime Law, a Jones Act seaman is guaranteed certain benefits until a physician determines that he/she has reached maximum medical improvement. However, maximum […]

Private/Parochial School Law

Academic Transcripts

It is legal for private schools to withhold student transcripts for nonpayment of tuition/fees? Implicit in any private school enrollment is the school’s agreement to furnish the student with an education and the associated documentation of his/her academic achievements (e.g., transcripts) in exchange for the parents’ agreement to pay tuition and fees. If the parents […]

Workers' Compensation

Importance of Part-Time & Seasonal Employment Acknowledgement Forms in Workers’ Comp

Calculating Average Weekly Wage One of the first things that a payor (employer or insurer) must do once a workers’ compensation claim has been accepted as compensable is to correctly calculate the claimant’s average weekly wage and compensation rate in connection with the payment of indemnity benefits. If this is done incorrectly, the payor faces […]

Private/Parochial School Law

Terminating “At Will” Employees – Avoiding Common Pitfalls

The general rule is that the employment of an “at will” employee can be terminated at any time and for any reason by either the employee or the employer. However, for employers, there are some very important caveats, and failure to take necessary precautions can be a very costly mistake. Regardless of the employee’s “at will” […]

Private/Parochial School Law

School-Sponsored Travel & Legal Exposure

School-sponsored travel can be a wonderful education, cultural and bonding experience for students, faculty, and parents. However, schools face potential legal exposure in connection with these trips. Pre-trip liability waivers for personal or bodily injuries are unenforceable under Louisiana law. Schools can be held liable for bodily injury and personal injury arising out of a […]

Workers' Compensation

Don’t Make Enemies of Injured Employees

In Workers’ Compensation, never rush to create an enemy Once you report an accident, it is going to increase your experience modifier, cause you plenty of headaches and give rise to a mountain of frustrations. Unfortunately, that is the cost of doing business in an industry where your employees may get hurt. Notwithstanding the legal […]