Tag: Louisiana Second Circuit Court of Appeal

• Workers' Compensation

  Course and Scope of Employment – Always Clocked In

  • February 3, 2016
  • By Stephen G. Collura of Associate, New Orleans

  Recently, the Louisiana Second Circuit Court of Appeals determined that an employee was in the course and scope of her employment when she sustained injuries from a criminal assailant.   The employee, a home health caregiver, normally worked from 8 am until 5 pm. On the day of the incident, the employee accompanied a client […]

• 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 […]

• Estate Planning and Administration

  Succession Representative Can Grant Mineral Leases Without Consent

  • September 11, 2013
  • By Allen & Gooch
  

  Consent of Heirs Not Required for Mineral Leases InDavis v. Prescott, 47,799 (La. App. 2 Cir. 2/27/13), 110 So.3d 625, the Louisiana Second Circuit Court of Appeal addressed whether a succession representative was able to grant a three-year mineral lease without the consent of the heirs. The Appellate Court reversed the decision of the trial […]