Bankruptcy and Baseball II: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
Kean Miller LLP Blog
by Eric Lockridge and Mack Wilson
1M ago
Baseball superstar Shohei Ohtani recently agreed to a 10-year, $700 million contract with the Los Angeles Dodgers.  While the headline number came as a shock to even sports business nerds like us, as always, the devil was in the details: $680 million of Ohtani’s contract is deferred until after Ohtani is no longer obligated to play for the Dodgers.     Our last post contemplated what might happen to Ohtani’s $680 million in deferred compensation if the Dodgers filed bankruptcy in 2034 (i.e., after Ohtani no longer has to play for the Dodgers, but before Ohtani’s deferred c ..read more
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Louisiana Department of Natural Resources to Assume Primacy for Issuance of Permits for Carbon Capture and Sequestration in Louisiana
Kean Miller LLP Blog
by Troy Charpentier, Mark Doré, Maureen Harbourt, William Huguet, Matthew Smith and Kyle Polozola
1M ago
On December 28, 2023, the United States Environmental Protection Agency (“EPA”) signed a final rule delegating primacy over the issuance and enforcement of permits for Class VI Underground Injection Control (“UIC”) wells under the Safe Drinking Water Act to the Louisiana Department of Natural Resources (“LDNR”).[1] This decision came after a lengthy review process lasting over two years and involving over 45,000 public comments. The EPA determined that Louisiana’s UIC Class VI rules enacted under the Louisiana Geologic Sequestration of Carbon Dioxide Act (La. R.S. 30:1101-1112) and Statewide ..read more
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Bankruptcy and Baseball: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
Kean Miller LLP Blog
by Eric Lockridge and Mack Wilson
2M ago
The sports world is buzzing about Shohei Ohtani’s record-setting $700 million dollar contract with the Los Angeles Dodgers.  As bankruptcy lawyers, we are abuzz thinking about the bankruptcy implications of Ohtani’s contract.  Today’s blog post will discuss what type of claim Ohtani might have if the Dodgers file for bankruptcy (again).  In the near future, another blog will discuss how contracts like Ohtani’s are treated by the Bankruptcy Code.   In case you haven’t seen the specifics of Ohtani’s contract with the Dodgers, it obligates Ohtani to play baseball for the Dodg ..read more
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Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive Awards of General Damages to Personal Injury Plaintiffs
Kean Miller LLP Blog
by David Judd and Andrew Young
2M ago
In today’s legal landscape, jury awards to personal injury plaintiffs are trending upwards.  Studies show that “nuclear verdicts” are increasing in prevalence as jurors grow more critical of corporate defendants and are increasingly persuaded by provocative trial tactics from plaintiff attorneys.  However, recent decisions from Louisiana and Texas show that some courts are bucking the trend by scrutinizing and, in some instances, curtailing these excessive awards.  The analysis below examines three such cases—Gregory v. Chohan (Texas Supreme Court),[1] Warner v. Talos ERT LLC ..read more
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The Supreme Court Agrees to Hear a Second Case Challenging Chevron Deference & Multiple Third-Party Groups File Amicus Briefs Asking the Court to Overrule Chevron Deference
Kean Miller LLP Blog
by Louis Grossman and Michael Levatino
2M ago
Kean Miller is closely following the recent challenges to the Chevron Deference standard established by the Supreme Court in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984). As applied by federal courts for the last four decades, the Chevron Deference standard first requires that a court determine whether a statute is ambiguous. If the statute is ambiguous, the federal court defers to the agency’s interpretation of the statute. If the statute is not ambiguous, the federal court applies the clear intent of Congress under the principles of statutory interpretation. In ..read more
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The Rise of Telehealth Fraud – A Look at Recent Federal Enforcement
Kean Miller LLP Blog
by Chris Dippel
3M ago
In the wake of the COVID-19 pandemic, the rise of telehealth, and its subset, telemedicine, has been significant.  Medical practitioners need to pay attention to the shifting telehealth landscape on topics such as licensing, exceptions to in-person care, acceptable electronic communication technology, labeling of visits, prescription drug monitoring program queries, and record-keeping to maintain proper documentation and safeguard from potential prosecution. In the federal regulatory space, on October 10, 2023, DEA, in concert with other federal regulators, issued a second temporary rule ..read more
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OPA 90 or CERCLA? The U.S. Fifth Circuit Settles Which Applies to Mixed Oil Spills
Kean Miller LLP Blog
by David Judd and Tod Everage
3M ago
The Oil Pollution Act of 1990 (known as “OPA 90”) and the Comprehensive Environmental Response, Compensation, and Liability Act (known as “CERCLA”) are two federal environmental laws with significant effects on businesses and individuals across the nation. OPA 90 provides a remedial scheme that apportions the liability and costs of oil spills among responsible parties. CERCLA does the same but for spills of “hazardous substances,” a term of art that is defined in the statute. But what if there is a spill that is a mix of oil and hazardous substances? Which law governs, OPA 90 or CERCLA? That ..read more
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Car Dealership’s Cyber Liability Policy Does Not Cover Losses Arising From Vehicle Sales Utilizing Identity Theft
Kean Miller LLP Blog
by Brian Lindsey
4M ago
A Louisiana car dealership’s Cyber Liability policy does not cover contractual reimbursements owed to a lender by that dealership following a “touchless” online vehicle purchase utilizing identity theft. During the pandemic, the dealership created a “touchless” process whereby an online buyer would submit a credit application to a lender. If approved, the buyer and the dealer would complete the paperwork electronically or by mailing documents. Once all documents were executed, the lender would then tender the purchase price to the dealer, who would then assign the credit agreement to the lend ..read more
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Clarifying Contra Non Valentem: The Fifth Circuit Weighs in on Latent-Injury Cases
Kean Miller LLP Blog
by David Judd
4M ago
Most litigants in Louisiana know that the usual tort claim has a prescriptive period (i.e., statute of limitation) of one year. This one-year clock begins ticking from the day injury or damage is sustained.[1] But when exactly someone sustains an injury can be a tricky question to answer. If I am unknowingly exposed to a harmful chemical, did I sustain damage then, even if I didn’t know it at the time? If so, what if I don’t find out until over a year later? Although the clock on my tort claim has reached zero, it seems harsh to foreclose my cause of action before I even knew it existed. Ente ..read more
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EPA, Corps Release New WOTUS Rule After Sackett, but More Regulatory Uncertainty for Louisiana and Texas Until Litigation is Resolved
Kean Miller LLP Blog
by Daniel Bosch
4M ago
The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water under the Clean Water Act (“CWA”). By extension, Sackett has broad impacts to wetlands delineation and mitigation requirements for section 404 permits issued by the U.S. Army Corps of Engineers (“Corps”).[1] Sackett will affect whether section 404 dredge and fill or other CWA permits[2] are required for wetlands and the extent to which mitigation of wetland impacts is required.[3] Under Sackett, wet ..read more
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