Practice: Business Litigation
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Business Litigation
Tension Between New Tort Reform Law and Direct Action Statute
- July 27, 2020
- By Brent Maggio
The Louisiana Direct Action Statute, La. Rev. Stat. 22:1269, generally allows Plaintiffs to sue its insurance company and another’s insurance company directly when the policy is written or delivered upon in Louisiana, or when the accident occurs in Louisiana. The Plaintiff must name both the insured and the insurer; however, when certain circumstances exist, the […]
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Business Litigation
OSHA Update: COVID-19
- May 28, 2020
- By Allen & Gooch
New guidance from the Occupational Health and Safety Administration (OSHA) regarding COVID-19 became effective on May 26, 2020. This new guidance rescinds and replaces the previous COVID-19 guidance issued on April 10, 2020, and is intended to be effective until further notice. Under the new guidance, a COVID-19 illness is a recordable incident that must be recorded […]
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Business Litigation
The Novel Coronavirus (COVID-19) and Performing Your Contractual Obligations
- March 30, 2020
- By Emile Joseph
As state and federal leaders increasingly implement restrictions on everyday life – including business functions – in an effort slow the spread of COVID-19, you may find yourself suddenly concerned about fulfilling your contractual obligations. In such a case, you may quickly begin to wonder whether you are protected from liability if you cannot perform […]
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Business Litigation
Business Interruption Insurance and the Coronavirus (COVID-19)
- March 29, 2020
- By Emile Joseph
With the spread of COVID-19 in Louisiana, the governor has ordered business in Louisiana to close or greatly reduce operations. Many business owners have obtained insurance in order to protect their companies from losses associated with business interruptions. This coverage may be something you specifically requested, or may be included as part of your broader […]
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Business Litigation
Express Loan Changes Under the CARES Act
- March 29, 2020
- By Allen & Gooch
The CARES Act is the recent legislation targeted to providing assistance to those impacted by COVID-19. The legislation includes changes to several existing programs including the existing SBA Express Loan program. While the specifics of the changes and administration of the program will become more clear in the coming weeks, there is some limited information […]
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Business Litigation
Highlights for Employers from the Q&As Issued by the DOL on Paid Leave
- March 28, 2020
- By Allen & Gooch
The Department of Labor issued a series of Q&As regarding the Family First Coronavirus Response Act (FFCRA) that expands the Family Medical Leave Act and requirements of Paid Leave. I would encourage all employers to review the recent guidance from the DOL available at: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. A few highlights from the Q&A’s were as follows: Businesses […]
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Business Litigation
COVID-19 Resources for Small Businesses – Family First Coronavirus Response Act
- March 20, 2020
- By Allen & Gooch
What does your Business Need to Know about the Family First Coronavirus Response Act? Family First Coronavirus Response Act (H.R. 6201) passed late yesterday related to paid leave policies for employers. The law will take effect on April 2, 2020 and remain effective until December 31, 2020. There are certain key employment provisions that employers […]
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Business Litigation
COVID-19 Resources for Small Businesses – Compliance with Employment Laws
- March 20, 2020
- By Allen & Gooch
The Equal Employment Opportunity Commission (EEOC) recently released guidance to aid employers in navigating important questions regarding the COVID-19 pandemic. The guidance addressed compliance with workplace related decisions impacting the Americans with Disabilities Act and the Rehabilitation Act. The guidance from the EEOC answered the following critical questions for employers: How much information may an […]
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Business Litigation
Adverse Presumption Awarded for Breaching Duty to Preserve Evidence
- April 11, 2016
- By Allen & Gooch
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 […]
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Business Litigation
Fifth Circuit Issues Warning for Lenders Seeking to Accelerate Loans in Default
- April 4, 2016
- By Allen & Gooch
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 […]