Practice: Business Litigation

• Business Litigation

  Can Dissolved Corporations Still Face Future Liability?

  • January 30, 2014
  • By Allen & Gooch

  Dissolved Corporations Can Still be Sued in Delaware The Supreme Court of Delaware concluded that if dissolved corporations have undistributed “property,” a personal injury claim can be pursued. In the Matter of Krafft-Murphy Company, Inc., No. 85, 2013 (November 26, 2013). Krafft-Murphy, a Delaware corporation, dissolved in 1999. Despite the dissolution, tort claimants continued to […]

• Business Litigation

  Personal Liability of LLC Member Now Determined by Four-Factor Test

  • January 23, 2014
  • By Allen & Gooch
  

  Louisiana Supreme Court Overrules Third Circuit In Ogea v. Merrit, 13-1085 (La. 12/10/13), — So. 3d —, the Louisiana Supreme Court overruled the appellate court’s holding that a member of a limited liability company (LLC) could be held personally liable for negligent design and construction.  The case deals with the construction of a new home […]

• Business Litigation

  2nd Circuit Addresses Evidence Required to Contest Arbitration Clauses

  • January 6, 2014
  • By Allen & Gooch

  In Hanlon v. Monsanto Ag Products, LLC, 48,010 (La. App. 2 Cir. 10/9/13), — So.3d  —,  the Second Circuit Court of Appeal held that the arbitration clause contained in an agreement between cotton farmers, manufacturers, and sellers was enforceable. Trial Court Held Arbitration Clause Unenforceable The plaintiffs were cotton farmers who filed a redhibition action […]

• Business Litigation

  Accord and Satisfaction: When Partial Payment Means Payment in Full

  • December 30, 2013
  • By Jessica Allain
  

  How to Settle a Debt by Only Paying Part of it Under Louisiana law, accord and satisfaction is the settlement of a debt by partial payment.  In Complete Medical Systems, LLC v. Health Net Federal Services, LLC, 13-0367 (La. App. 1 Cir. 11/1/2013), — So. 3d —, the Louisiana First Circuit Court of Appeal applied […]

• Business Litigation

  Will Disparate Impact Claims Apply to the Federal Fair Housing Act?

  • December 20, 2013
  • By Allen & Gooch

  Disparate Impact Claims of Discrimination and the Fair Housing Act The United States Supreme Court was scheduled to hear arguments in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc. to address whether disparate-impact claims of discrimination may be brought under the federal Fair Housing Act of 1968. Ultimately, the case settled and the issue […]

• Business Litigation

  2013 Legislative Update: Class Action Certification

  • November 11, 2013
  • By Allen & Gooch

  Louisiana Legislature Clarifies Requirements for Class Action Certification Historically, Louisiana Code of Civil Procedure art. 591(A)(5) stated: “the class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered in the […]

• Business Litigation

  Arbitration Strongly Favored by Louisiana Third Circuit Court

  • November 8, 2013
  • By Allen & Gooch
  

  Arbitration Decisions Often Binding Under Louisiana Law In Detraz v. Banc One Securities Corp., et. al., 2013-191 (La. App. 3 Cir. 10/9/13), — So.3d —, the plaintiff appealed the trial court’s confirmation of an arbitration award. The Appellate Court affirmed the decision of the Fifteenth Judicial District Court highlighting the binding nature of arbitration decisions […]

• Business Litigation

  Appellate Courts Maintain Narrow Use of Unjust Enrichment Claims

  • November 5, 2013
  • By Allen & Gooch

  Third Circuit Limits Use of Unjust Enrichment and Breach of Contract In the recent decision of Crowded Cabin, LLC v. TKLL Hebert, LLC, 2013-208 (La. App. 3 Cir. 10/30/13), — So.3d —, the Third Circuit Court of Appeal sustained an Exception of No Cause of Action holding that the plaintiff, Crowded Cabin, LLC, had not […]

• Business Litigation

  SEC Administrative Courts Soon to Hear More Cases

  • October 7, 2013
  • By Allen & Gooch

  Changes to Dodd-Frank means that more securities law cases are likely to be brought before SEC administrative courts rather than federal district court.

• Business Litigation

  Securities Statute of Limitations Does Not Stop for Class Actions

  • August 28, 2013
  • By Allen & Gooch
  

  Thinking about filing suit over some securities you purchased?  You may want to move fast if you are waiting on class certification.  Your claim may not be  suspended while the case for class certification is pending. Second Circuit Rules on Securities Statute of Limitations This summer, the U.S. Second Circuit Court of Appeals made a […]