Practice: Business Litigation
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Business Litigation
LA Supreme Court Strikes Down Statutes Targeting Athletic Association
- April 5, 2013
- By Troy Broussard
In Louisiana High School Athletics Association, Inc. v. State, 12-1471 (La. 01/29/13), 107 So.3d 583, the Louisiana Supreme Court ruled that Title 17 statutes modifying the private athletic association’s corporate bylaws were unconstitutional special laws. The court further found that the association was not a public body subject to the Open Meetings Law. Finally, the court […]
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Business Litigation
Nonconforming Uses Of Residential Property
- April 5, 2013
- By Allen & Gooch
In Tolmas v. Parish of Jefferson, 47,555 (La. App. 2 Cir. 2/20/13), — So.3d —, the Louisiana Second Circuit Court of Appeals addressed how prior exceptions to the parish zoning regulations applied to subsequent landowners of a commercial property attempting to develop the property. In order for a subsequent landowner to take advantage of the exceptions […]
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Business Litigation
Right To Recover Court Costs Under Fair Debt Collections Practices Act
- March 13, 2013
- By Allen & Gooch
The Supreme Court in Marx v. General Revenue Corp., 133 S.Ct. 1166 (2013), addressed the ability of district courts to award costs to a prevailing party when the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. § 1692k, governed the underlying claim. The Petitioner, Marx, defaulted on a student loan. In response to the collection efforts of General […]
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Business Litigation
LA Second Circuit Court Demands Support For Landowner’s Right Of Use
- February 22, 2013
- By Allen & Gooch
The Court in WRW Properties, LLC v. City of Shreveport, 47, 657 (La. App. 2 Cir. 1/16/13), 112 So.3d 279, used strong language in protecting a property owner’s right of use. The Honorable Judge Drew opens by stating: “this case is about a city council arbitrarily preventing a property owner from using its property exactly as […]
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Business Litigation
LA Supreme Court Overrules 3rd Circuit’s Use of Texas Punitive Damages
- May 13, 2012
- By Allen & Gooch
In Arabie v. Citgo Petroleum Corp., 10-2605 (La. 3/13/12), 89 So. 3d 307, the Louisiana Supreme Court overruled the Third Circuit Court of Appeal’s application of Texas law to award Texas punitive damages. The case involved an oil spill that occurred at a Citgo refinery in Louisiana caused by a tank overflow during severe weather. […]
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Business Litigation
Court Of Appeals Rules On Valuation Of Minority Stock
- April 20, 2010
- By Allen & Gooch
Guidance on How to Value Minority Stock The Louisiana Third Circuit Court of Appeals recently clarified the valuation method available to minority shareholders who dissent to the valuation of their shares in a short form merger. In Duncan v. Moreno Energy, Inc., Third Circuit, No. CA 09-1033 (3/10/10), the minority shareholders of Moreno Energy Services, […]