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Maritime Casualty
Fifth Circuit: Offshore Dispute Governed by Louisiana Law
In Petrobras Am., Inc. v. Vicinay Cadenas, S.A., 815 F.3d 211 (5th Cir. 2016), the U.S. Fifth Circuit Court of Appeals recently analyzed whether maritime law or Louisiana law applied to an offshore dispute occurring on the outer continental shelf. The Petrobras case involved an underwater tether chain that broke after being installed in an […]
- May 2, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
UM Rejection Forms – Little Traction Given to Consent Challenges by Insureds not Fluent in English
Recently, in Ponce v. Welch, 15-669 (La. App. 5 Cir. 3/16/16) 2016 WL 107-8579, Louisiana’s Fifth Circuit Court of Appeal upheld summary judgment in favor of an insurance company by denying a UM rejection form challenge of an insured claiming she did not understand the UM rejection agreement because she was not fluent in English. […]
- April 27, 2016
- By Brent Carriere
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Maritime Casualty
Seamen’s Recovery of Punitive Damages Against Non-Employer Third Parties
We previously reported on the dispute whether Jones Act seamen can recover punitive damages under general maritime law against non-employer third parties. District court opinions on this issue have differed, mostly due to conflicting interpretations of prior U.S. Supreme Court and U.S. Fifth Circuit Court of Appeals decisions. Hume v. Consolidated Grain & Barge, […]
- April 25, 2016
- By Allen & Gooch
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Employment Law & Litigation
Fair Credit Reporting Act Effect on Employment
Credit reports are often used as decision makers in many aspects of our lives that do not include taking on more debt. Employers often use credit reports as indicators of a future employee’s stability and trustworthiness. However, employers that use credit reports as part of their hiring process may need to reexamine their protocols. Under […]
- April 20, 2016
- By Allen & Gooch
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Business Litigation
Adverse Presumption Awarded for Breaching Duty to Preserve Evidence
Recently, in Sayre v. PNK (Lake Charles), LLC, 2015-859 (La. App. 3 Cir. 3/23/16), the Third Circuit recently reversed a trial court’s refusal to provide a jury charge which included instructions that a party’s failure to preserve evidence within their control would give rise to a presumption that said evidence would be adverse to their […]
- April 11, 2016
- By Allen & Gooch
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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
