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Business Litigation
Five Signs Your Business is Ready for the Next Generation
Family businesses make up 80% of all U.S. businesses, and yet only 30% of these businesses successfully survive a transition to the next generation. Dwight Drake, Closely Held Enterprises 335 (2013). One key question that many family businesses face is whether the company will survive the transition to the next generation. Here are five signs […]
- January 25, 2016
- By Allen & Gooch
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Business Litigation
Protections for Nursing Mothers in the Workforce
As of 2010, the Affordable Care Act amended the Fair Labor Standards Act (FLSA) to include requirements that employers covered by the FLSA accommodate non-exempt employees. The statute requires: 1) Reasonable break time for an employee to express breast milk for one year after the child’s birth each time the employee needs to express milk; […]
- January 20, 2016
- By Allen & Gooch
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Workers' Compensation
Applying Louisiana Workers’ Compensation Law to Out-of-State Work Accident
Louisiana Workers’ Compensation laws can be applied to work injuries that occur while an employee is working outside of Louisiana. Louisiana Revised Statute 23:1035.1 provides extraterritorial coverage to an employee injured while working outside the territorial limits of Louisiana. Specifically, this statute provides in pertinent part: (1) If an employee, while working outside the […]
- January 18, 2016
- By Allen & Gooch
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Civil Procedure
Updated Motion for Summary Judgment Article, Effective January 1, 2016
Louisiana Code of Civil Procedure art. 966 has undergone significant edits in the past year, and the “new” article will take effect on January 1, 2016. The article will not affect any Motions for Summary Judgment (“MSJ”) pending adjudication or appeal on that date. The “new” article will only affect Motions filed after January 1, […]
- January 13, 2016
- By Allen & Gooch
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Maritime Casualty
Recovery of Punitive Damages by Seamen in the Eastern District of Louisiana
The availability of punitive damages for seamen has historically been a murky issue. District courts are still attempting to decipher U.S. Supreme Court and Fifth Circuit jurisprudence to determine when punitive damages are available under the Jones Act and general maritime law. Judges and jurists first look to the U.S. Supreme Court’s opinion in […]
- January 11, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
Drone Registration and Liability – Did Santa bring you a lawsuit for Christmas?
Legal Implications of Drone Use Many children (and children at heart) woke up on Christmas morning to find a drone under the tree. But did you know that you may have to register your drone with the federal government? Drone Registration Effective December 21, 2015, any drone weighing 0.55 pounds or more must be registered […]
- January 5, 2016
- By Allen & Gooch
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Construction Law
La. Supreme Court – Contractor has no Professional Duty that Would Create Personal Liability
La. Supreme Court reverses Third Circuit In December 2014, the Third Circuit held that an individually-licensed contractor could be held personally liable to a homeowner under the professional duty exception to limited liability for LLC members. Nunez v. Pinnacle Homes, L.L.C., 2013-1302 (La. App. 3 Cir. 12/17/14), 158 So. 3d 71 writ granted, 2015-0087 (La. […]
- January 5, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
Uber update: Ride Sharing Service Faces New Claims and Regulations
In my previous blog article, Uber Opens in New Orleans Despite Uncertain Legal Implications, I discussed a San Francisco case filed against Uber following a tragic accident in which a six year old girl was killed. The parties in the case have since reached a confidential settlement agreement, leaving many of the questions raised my […]
- November 30, 2015
- By Allen & Gooch
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Maritime Casualty
Successors’ Use of Prior Pre-Employment Medical Exams
In Meche v. Doucet, 777 F.3d 237 (5th Cir. 2015), the U.S. Fifth Circuit Court of Appeals discussed a Jones Act employer’s McCorpen defense to the payment of maintenance and cure benefits. To successfully establish the defense, the employer must show (1) the claimant intentionally misrepresented or concealed medical facts; (2) the non-disclosed facts were […]
- November 24, 2015
- By Allen & Gooch
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Taxation
How to Preserve Predevelopment Appreciation of Real Estate
In a recent article authored by Blaise Sonnier, he reports on preservation of capital gain treatment on predevelopment appreciation of real estate and how to use the capital bailout strategy. How to Preserve Predevelopment Appreciation of Real Estate
- January 29, 2015
- By Blaise Sonnier
