Tag: Negligence

• Construction Law

  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 […]

• Maritime Casualty

  Fifth Circuit: Punitive Damages Not Available for Unseaworthiness

  • November 10, 2014
  • By Allen & Gooch
  

  Fifth Circuit Reverses Itself on Punitive Damages The U.S. Fifth Circuit Court of Appeals recently released a 73-page opinion in the en banc rehearing of McBride v. Estis Well Service, L.L.C., No. 12-30714 (5th Cir. Sept. 25, 2014).  As reported previously, the court originally ruled that seamen may be able to recover punitive damages for their employers’ […]

• Construction Law

  Contractors Beware: Negligent Professional Services Create Liability

  • August 30, 2013
  • By Emile Joseph
  

  UPDATE: THE LOUISIANA SUPREME COURT HAS REVERSED THE APPELLATE COURTS ON THIS ISSUE.  CLICK HERE TO READ MORE. No Matter What Type of Entity You Choose, You Can Still be Personally Liable for Negligent Professional Services Limited Liability Companies (LLC’s) generally offer their members insulation from personal liability.  This means that a court cannot order […]