General Liability

• COVID-19

  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 […]

• COVID-19

  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 […]

• COVID-19

  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 […]

• COVID-19

  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 […]

• COVID-19

  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 […]

• COVID-19

  Discoverability of Accident Reports

  • May 9, 2016
  • By Allen & Gooch

  In a previous blog articles, 10 Items to Preserve After an Accident in a Company Vehicle and Best Practices for Documenting Slip and Fall Accidents, I discussed the importance of preserving information after an accident and creating accident reports. However, it is important to note that your reports may be discoverable by the adverse party. […]

• COVID-19

  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 […]

• COVID-19

  New Home Warranty Act – Plumbing vs. Structural Defects

  • March 9, 2016
  • By Allen & Gooch

  In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]

• COVID-19

  Drone Regulations Up in the Air

  • March 7, 2016
  • By Allen & Gooch

  Unmanned airships (UAS) also known as drones are rapidly becoming a part of our daily lives in both the recreational and commercial context. In March, 2015, the FAA recently relaxed regulations, allowing additional exemptions to commercial uses for drones.  A party seeking commercial use can now more easily obtain a Section 333 exemption, which states […]

• COVID-19

  Personal Liability for LLC Members

  • February 8, 2016
  • By Allen & Gooch

  Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]