Practice: Business Litigation

• 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 […]

• Business Litigation

  Patents To Face New Frontiers And Increased Federal Regulations

  • June 5, 2013
  • By Clay Allen

  Intellectual Property Exchange International The world’s first online exchange for patent rights is now online. Intellectual Property Exchange International (IPXI) allows owners of intellectual property rights to offer licensing through the exchange. The hope is to create greater price transparency and efficiency by opening up what has heretofore been limited to purely private negotiations and […]

• Business Litigation

  Investors Denied Right To Arbitrate Claims

  • June 3, 2013
  • By Allen & Gooch
  

  Although Arbitration is Favored, Courts Will Not Allow Investors to Arbitrate Claims The United States Fourth Circuit determined that investors were not able to arbitrate claims against Raymond James Financial Services (RJFS) when they purchased fraudulent securities directly from Inofin, Inc. Raymond James Financial Services, Inc. v. Cary, 709 F.3d 382 (4th Cir. 2013). Investors were denied the […]

• Business Litigation

  In Trademark Battle, the Struggle For The Red Soles Wages On

  • May 24, 2013
  • By Allen & Gooch
  

  On March 8, 2013, the United States Court of Appeals for the Second Circuit released the latest opinion in a harshly fought legal battle between Christian Louboutin (“Louboutin”), the French footwear designer, and Yves Saint-Laurent, a direct competitor.Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., 709 F.3d 140 (2d Cir. 2013). Christian Louboutin is […]