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Maritime Casualty
Fifth Circuit: LOIA Applies to Agreement to Salvage Platform
LOIA Voids Certain Oilfield Indemnity Provisions Louisiana’s Oilfield Indemnity Act (“LOIA”) may invalidate certain indemnity agreements in oilfield contracts. See La. R.S. 9:2780. There is a two-part test to determine if LOIA applies: (1) the agreement must pertain to an oil, gas, or water well, and (2) the contract must involve operations related to the […]
- April 6, 2016
- By Allen & Gooch
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Business Litigation
Fifth Circuit Issues Warning for Lenders Seeking to Accelerate Loans in Default
Recent case assesses when the statute of limitations/prescriptive period begins to run. There is an important warning for creditors hidden in dicta of the Fifth Circuit Court of Appeals’ recent ruling, Martin v. Federal National Mortgage Association, No. 15-41104 (5th Cir. Feb. 22, 2016) – accepting payment after accelerating a debt could waive the acceleration […]
- April 4, 2016
- By Allen & Gooch
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Employment Law & Litigation
Bad Faith Claims in Mississippi Could Affect Other Jurisdictions
Mississippi Bad Faith Claims Can Affect Employers and Carriers in Other jurisdictions With companies operating in multiple states, navigating interstate laws has become increasingly tricky. This is especially true in the worker’s compensation arena where an employer can be sued for benefits in its state of operation, the state where the injury occurred, or the […]
- March 30, 2016
- By Allen & Gooch
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Maritime Casualty
Seamen May Be Exempt from FLSA Overtime Rules
Overtime Rules Under the FLSA The Fair Labor Standards Act (“FLSA”) requires that some employees be paid at least “one and one-half times” their regular wages for time worked over 40 hours in a workweek. 29 U.S.C. § 207(a)(1). However, the FLSA has an exemption for employees who are classified as “seamen.” 29 U.S.C. § […]
- March 28, 2016
- By Allen & Gooch
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Business Litigation
White Collar Exemptions – Rule Changes to Wage Requirements
July 2016 Timeline for Final Rule on White Collar Exemptions As many employers are aware, the Department of Labor (DOL) has proposed a rule change to the white collar exemptions for minimum wage and overtime requirements. The proposed rule updated the minimum compensation and salary levels to qualify for the white collar exemption from the […]
- March 23, 2016
- By Allen & Gooch
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Business Transactions
Return of SBA 504 Debt Refinancing Loan Program
A Return of SBA 504 Debt Refinancing Loan Program to Aid Development of Small Business SBA 504 Loan Program anticipated to begin mid-2016. Congress recently reinstated the Small Business Administration (SBA) 504 Debt Refinancing Loan Program. The program is expected to begin in three to four months and will allow businesses to refinance or renovate […]
- March 21, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
Drone Usage Integrated into Business Models
With the Notice of Proposed Rulemaking by the FAA for unmanned aircraft systems (UAS), more commonly known as drones, in February 2015, many industries are poised to integrate this technology into their business models. Media attention has focused on the entertaining notions of Amazon and pizza deliveries, but other industries, specifically the energy and insurance […]
- March 16, 2016
- By Allen & Gooch
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Maritime Casualty
What Are Vessel “Appurtenances”?
Maritime cases often discuss vessels and their “appurtenances.” For example, a vessel owner can be held liable under the theory of unseaworthiness if the vessel’s appurtenances are defective. Merriam-Webster defines “appurtenance” as “an object that is used with or for something.” But what does the word mean under general maritime law, and how do we […]
- March 14, 2016
- By Alan Stewart
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Construction Law
New Home Warranty Act – Plumbing vs. Structural Defects
In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]
- March 9, 2016
- By Allen & Gooch
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General Liability
Drone Regulations Up in the Air
Unmanned airships (UAS) also known as drones are rapidly becoming a part of our daily lives in both the recreational and commercial context. In March, 2015, the FAA recently relaxed regulations, allowing additional exemptions to commercial uses for drones. A party seeking commercial use can now more easily obtain a Section 333 exemption, which states […]
- March 7, 2016
- By Allen & Gooch
