Louisiana Supreme Court Holds Claims for Indemnity Allowed Prior To Liability Adjudication
LexBlog - Louisiana Law Blog
by Jeffrey Boudreaux, Beau Bourgeois and Crystal Burkhalter
1w ago
The Louisiana Supreme Court ruled today in Daniel Bennett v. Demco Energy Services, et al., 2023-CC-01358 (La. 5/10/24), 2024 WL ***, a claim for defense and indemnity under a Master Services Agreement filed before a judicial finding of liability or loss is not premature. The Court explained “[w]e hold that a claim for indemnity raised during the pendency of the litigation and before a finding of liability is not premature....in light of our ruling today, to the extent any prior jurisprudence can be interpreted otherwise, we now clarify that such a claim for indemnity is not prohibited before ..read more
Visit website
The FTC Approves Final Rule that Bans Non-compete Agreements
LexBlog - Louisiana Law Blog
by Laura Kherkher
2w ago
On April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using non-compete agreements, with a few limited exceptions. The measure reflects an unprecedented effort by the FTC to expand its rule-making authority. The final rule “shall supersede” all state laws, regulations, orders, and interpretations regarding non-competes, unless the state laws afford more protection to employees. Whether the rule will survive legal challenges remains unclear, but as the legal landscape concerning non-competes co ..read more
Visit website
New Federal Rule Expands Exemption for Solar Farms from Certain Environmental Permitting Requirements
LexBlog - Louisiana Law Blog
by Lauren Rucinski and Daniel Bosch
2w ago
Today, April 30, 2024, the U.S. Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementing procedures to revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems. Under the new rulemaking, environmental reviews will not automatically be required for projects related to solar installations. The rulemaking also adds a categorical exclusion for certain energy storage systems and adds flexibility for power grid powerline relocation. A categorical exemption (“CX”) is applicable where a federal agency, including the D ..read more
Visit website
Words Matter – Even in Construction: Louisiana Supreme Court Holds Architects and Contract Administrators Have No Duty to Safeguard Injury of a Subcontractor Based Upon Contract Documents
LexBlog - Louisiana Law Blog
by Crystal Burkhalter
1M ago
Words are powerful. Being acutely aware of word choice and precise language in contracts is key to a successful agreement. Even in the world of construction, words matter as shown by the recent Louisiana Supreme Court case, Gustavo Bonilla v. Verges Rome Architects—A Professional Architectural Corporation, et al., 2023-0928 (La. 3/22/24), 2024 WL 1229219, — So.3d. — (2024). In Gustavo Bonilla, the Louisiana Supreme Court held no duty exists for an architect or contract administrator to protect against injury of a subcontractor’s employee, relying upon the Louisiana Civil Code for contrac ..read more
Visit website
Employers, Job Applicants, and Reports Potentially Impacting Unemployment Benefits
LexBlog - Louisiana Law Blog
by Edward Hardin
2M ago
Media outlets around Louisiana recently reported on a new program from the Louisiana Workforce Commission pursuant to which employers have the opportunity to report job applicants who are either no-shows for job interviews or who turn down job offers. Here are links to stories from WAFB in Baton Rouge, KTBS in Shreveport, KNOE in Monroe, KATC in Lafayette, and KPLC in Lake Charles. Employers now able to report no shows, job refusals | WAFB Employers able to combat no-shows, job refusals | KTBS La. employers can now report no-shows for interviews or job refusals | KNOE New process aims to imp ..read more
Visit website
U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance Contracts: Putting the Presumption Back in Presumptive Enforceability
LexBlog - Louisiana Law Blog
by David Judd
3M ago
Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion in that case, a 9-0 decision in favor of the insurer-appellant. In short, the Court put the presumption back into the presumptive enforceability of choice-of-law clauses in maritime contracts. To briefly recap the case, Great Lakes Insurance issued a maritime insurance contract for a yacht owned by Raiders Retreat Realty Co., which has its headquarters in Pennsylvania. The parties ..read more
Visit website
Bankruptcy and Baseball II: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
LexBlog - Louisiana Law Blog
by Eric Lockridge and Mack Wilson
4M 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
Visit website
Louisiana Department of Natural Resources to Assume Primacy for Issuance of Permits for Carbon Capture and Sequestration in Louisiana
LexBlog - Louisiana Law Blog
by Troy Charpentier, Mark Doré, Maureen Harbourt, William Huguet, Matthew Smith and Kyle Polozola
5M 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
Visit website
Bankruptcy and Baseball: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
LexBlog - Louisiana Law Blog
by Eric Lockridge and Mack Wilson
5M 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
Visit website
Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive Awards of General Damages to Personal Injury Plaintiffs
LexBlog - Louisiana Law Blog
by David Judd and Andrew Young
5M 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
Visit website

Follow LexBlog - Louisiana Law Blog on FeedSpot

Continue with Google
Continue with Apple
OR