Louisiana Law Blog

By Mark D. Mese

Judges in East Baton Rouge and St. Tammany Parish have issued two of the earliest rulings on the impact of the Louisiana New Home Warranty Act on claims by homeowners against contractors for damages related to Chinese Drywall. Both state district court judges have found that the Louisiana New Home Warranty Act is the exclusive remedy as between a builder and a homeowner for damages caused by Chinese Drywall. Both judges have also ruled that the Chinese Drywall incorporated into homes in Louisiana is not a structural component of the home and is thus subject to a one year warranty period.

In both of the district court cases, the courts dismissed the plaintiff’s case because the suits against the contractors were brought more than one year after the homes were occupied by the original owners.

The rulings by the district court judges should have no impact on homeowner claims against suppliers and manufacturers of Chinese Drywall as the Louisiana New Home Warranty Act only applies to the relationship and rights between a home builder and a home owner in Louisiana.
 

By Michael J. O'Brien

In Solana v. GSF Development Driller I, et al., 587 F.3d 266 (5th Cir. 2009), the United States Fifth Circuit reiterated the longstanding rule that generally, a seaman belonging to a vessel in peril cannot claim a salvage compensation for saving his vessel.

The facts in Solana are quite interesting.  As Hurricane Katrina approached the Gulf Coast, Global Santa Fe (GSF) evacuated its jack-up and anchored rigs in the Gulf of Mexico, which included the Development Driller I (DDI), a $350 million dollar semi-submersible drilling rig. The DDI’s power was shut off and its crew was evacuated.  Solana, a 20 year GSF employee and Offshore Installation Manager (OIM) of the DDI, and Lally, a ballast control operator and senior dynamic positioning operator, were among those employees who were evacuated from the rig.
 

Throughout 2004–2007 a housing boom along with a series of hurricanes in the Gulf of Mexico combined to create a shortage of drywall in the United States.  Needing drywall to build the homes that were much in demand, suppliers turned abroad. Chinese manufacturers stepped in, providing cheap and readily available material.  This influx of Chinese drywall was concentrated in Florida, Louisiana, and Mississippi; the states most affected by Hurricanes Wilma, Katrina, and Rita.  Since 2006, it has been estimated by some sources that more than 550 million pounds of drywall have been imported from China.  There are reports that some 100,000 homes could possibly be affected nationwide. 

By G. Trippe Hawthorne

The Louisiana Legislature has adopted House Concurrent Resolution No. 185, authored by Representative Tim Burns.  The resolution urges and requests that the Department of Health and Hospitals and the Deptartment of Insurance, in consultation with the Louisiana State Licensing Board for Contractors, investigate the health risks associated with living in homes that contain drywall imported from China, study the potential homeowners insurance coverage issues, including triggers, endorsements, and exclusions to policies that are related to drywall imported from China, and determine whether such material should be identified as a substandard, unsafe building material.  The resolution goes on to request a report of the findings and recommendations of this study to the legislature prior to the convening of the 2010 regular session.

A copy of the enrolled version of the resolution can be seen here: Download file

By Mark D. Mese

June marks the beginning of Hurricane Season and should serve as a reminder to review your personal and business property insurance coverage. The effect of recent Hurricanes on the Gulf Coast generally and Louisiana specifically have been significant with respect to both damages and the insurance covering those damages.

by James R. Chastain, Jr.

In New Investment Properties, L.L.C. v. ABC Company, et al, 2007 W.L. 4305464 (4^TH Cir. 2007), the Court of Appeals addressed the range of personal jurisdiction. Like that of a shepherd’s crook, the court exercised personal jurisdiction over a non-resident defendant. Plaintiffs, New Investment Properties, L.LC. and Creek Apartments Team, L.L.C. (“Creek Apartments) are both Louisiana corporations and the owners of two apartment complexes in New Orleans. Defendant, R. P. Beckendorf, is a California corporation with its principal place of business in Los Angeles. It is an independent insurance agency which obtained flood and wind policies for an apartment complex. The policies were delivered to the Champion Group, Inc., which is a California corporation with its principal place of business in Los Angeles.   The two managers of the plaintiffs are both residents of California, who are also managers of the Champion Group in California.

by Kevin C. Curry

In IRS News Release 2007-134 issued on July 31, 2007, the Internal Revenue Service has granted an additional year to the time limit for victims of Hurricanes Katrina, Rita and Wilma to sell the vacant land upon which their home had sat and was destroyed as a result of the hurricanes. 

by Erich P. Rapp

The New Orleans Times Picayune posted a story to their web site on July 3, 2007 at 7:45 PM stating that the Corps of Engineers has formally recommended to Congress that the Mississippi River - Gulf Outlet ("MR-GO") be closed. MR-GO is a 60 mile long shipping channel running from the Louisiana coast to the Industrial Canal in New Orleans. Construction on MR-GO started in 1958 and was completed in 1968. The canal was designed to be 36 feet deep and 500 feet wide.

by Erich P. Rapp

Throughout the Corps of Engineers’ history of building public works projects, they have sought to protect or enhance property values and economic interests of various groups. Often fixing one problem causes another. Sometimes those new problems are later referred to as “unintended consequences.”  Many times those supposed “unintended consequences” are known in advance. Nevertheless, these economic shifts often occur without warning or compensation to the people imperiled or damaged. This is the power and burden that goes with building large public works projects. It also presents the legal question of when should a property owner whose interests are imperiled or damaged by public works projects be compensated for such an economic shift.

by Erich P. Rapp

Corps of Engineers Releases 100 Year Flood Maps for New Orleans Metro Area

On Wednesday June 20, 2007, the Army Corps of Engineers released its long anticipated 100 year flood maps for various parts of the New Orleans metro area. While the maps depict some improvement over the flood risk that existed before Hurricane Katrina, the risk of catastrophic flooding in the New Orleans metro area remains.

http://blog.nola.com/updates/2007/06/risk.html

http://blog.nola.com/graphics/2007/06/the_risk_of_hurricane_flooding.html

by Erich P. Rapp

On May 30, 2007, United States District Judge Stanwood R Duval dismissed a class action lawsuit by residents of South Louisiana claiming damages from Hurricane Katrina. The court ruled that the plaintiffs had failed to exhaust their administrative remedies with the federal government before filing their Federal Tort Claims Act suit. The lawsuit accused the federal government of negligently designing, constructing, maintaining, inspecting and operating the area's entire navigable waterway system, including the Mississippi River Gulf Outlet, the Gulf Intracoastal Waterway, the Industrial Canal, the London Avenue Canal and the 17th Street Canal.

The court was also critical of the plaintiff's laundry list use of a multitude of federal statutes to support their claims. The judge further suggested that the plaintiffs claims bordered on being sanctionable under Rule 11 of the Federal Rules of Civil Procedure.

The opinion is Berthelot et al. v. BOH Bros. Construction Co. et al., No. 05-CV-04182, 2007 WL 1239132 (E.D. La. 4/27/07).  

by Erich P. Rapp

A case now pending in federal court in New Orleans may have an important impact on potential claims against the federal government for coastal land loss in Louisiana. 

Judge Duval has set the claims of numerous plaintiffs against the Army Corps of Engineers for trial beginning September 8, 2008. Plaintiffs contend the Corps contributed to flooding of their property in St. Bernard Parish and New Orleans during Hurricane Katrina.

There is old adage that goes something like this, "if you always do what you always have done, you will always get what you always have got". This philosophy may be partly to blame for the catastrophic losses that befell a seemingly unprepared New Orleans. Why should New Orleans have feared or even prepared for this potential? New Orleans did not suddenly sink below sea level—it was built that way.

Many C-Level executives and small business owners have heard of the Gulf Opportunity Zone (the GO Zone Act) and know that it does something for Louisiana businesses, but they do not know if or how the new law can help them and their employees. Kean Miller has prepared a comprehensive summary of the GO Zone Act and its sister law, the Katrina Emergency Tax Relief Act of 2005 ("KETRA"). This summary describes the key legislative provisions and explains how Louisiana-area businesses, both large and small, can maximize the GO Zone benefits available to them.

The Louisiana Medicaid Program has notified health care providers that they may be able to receive reimbursement for medical treatment provided to uninsured evacuees of Hurricanes Katrina and Rita. To be reimbursed, the provider must have been enrolled in Medicaid as of August 24, 2005.

The Department of Health and Human Services, Office of Civil Rights ("OCR"), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers.

At a time when everyone in Louisiana appears to be focusing on the aftermath of Hurricanes Katrina and Rita, First Assistant United States Attorney for the Middle District of Louisiana Lyman Thornton assured Kean Miller's Lyn Savoie in a January 25th interview that his office is continuing to focus on health care fraud violations. During the interview with Thornton, he stated that health care fraud has been and will continue to be a priority of his office.

The CityBusiness reports in an article yesterday ("N.O. Jury Trials Could Return in March") that Orleans Criminal Court Chief Judge Calvin Johnson says that criminal jury trials will resume in March 2006, and the first post-Katrina grand jury could be convened in February.

This contrasts sharply with the prospects for civil jury trials, according to an article from the Gannett News Service, http://www.thenewsstar.com/apps/pbcs.dll/article?AID=/20060116/NEWS01/601160310/1002 entitled "Courts Sag Under Katrina Suits."

By Esteban Herrera

Reproduced with permission from Toxics Law Reporter, Vol. 20, No. 47, pp. 1067-1069 (Dec 8, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com

In the wake of two hurricanes, many Louisiana industries, businesses, and citizens are left with a monumental task of cleaning up the damages caused by the storms. Many Louisianians also face the somewhat unknown future of what potential liability lies ahead under various environmental statutes and programs. After the storms, the State of Louisiana and the federal government temporarily eased many requirements under various environmental regulatory programs so that immediate actions could be taken to preserve property and protect lives. Significant questions remain, however, as to how these agencies are going to use their enforcement discretion in the future with respect to events that occurred during and after the storms.

by Todd A. Rossi

Insureds have the burden of first establishing insurance coverage. Typically, that involves providing evidence of damage occurring during the policy period resulting from an accident. Hurricane Katrina and its consequences should easily meet these requirements. Once the insured establishes facts that would provide coverage, the insurers must show that a policy exclusion precludes coverage. In some instances, the insurers can rely solely on the policy language, but in other instances, the insurers may have to marshal facts that support one or more exclusionary provisions.

By Mark D. Mese

Reproduced with permission from Class Action Action Litigation Report, Vol. 6, No. 21, pp. 795-797 (Nov 11, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com

The damages caused by Hurricane Katrina in Louisiana, Mississippi, and Alabama constitute the largest natural disaster in U.S. history. Hurricane Katrina's impact on insurers and their policyholders have already set in motion what will probably be one of the largest legal and public policy storms to hit the United States in modern times. Nowhere will the storm be more evident than in disputes involving wind and water damage coverage.

The eye of the coverage storm is already manifesting itself in coastal areas of Louisiana, Mississippi, and Alabama.

By Glenn M. Farnet

Reproduced with permission from Class Action Action Litigation Report, Vol. 6, No. 21, pp. 793-795 (Nov 11, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com

Katrina has already spawned a hurricane of lawsuits. These suits include: suits by individuals who claim they were injured by hazardous substances that leaked from storage facilities, refineries, or pipeline facilities; suits by individuals who claim that oilfield production and pipeline activities caused wetland damage that exacerbated the effects of hurricane Katrina; and suits by individuals who claim faulty levees caused the widespread flooding that followed in the days after Katrina made landfall. All of these suits have a common thread: each will require the courts to determine whether the damages sued upon resulted from nature's fury or human blunder.

Louisiana, like many other states, recognizes the general principle that an "act of God" can be a complete defense to liability for negligence and strict liability claims. Louisiana courts have generally used a consistent definition of the term "act of God," but the application of that definition in the context of a specific event has not always been consistent or clear, particularly when the issue of contributing human fault is at play.

Governor Blanco has issued Executive Order KBB 05-67, extending the suspension of "liberative prescriptive and peremptive periods...statewide until at least Friday, November 25, 2005."

Any other "suspension of deadlines in legal proceedings...in all courts, administrative agencies, and boards unaffected by Hurricane Rita...shall end as of Tuesday, October 25, 2005."

The parishes designated as "affected by Hurricane Rita," and thus still subject to the suspension of "legal deadlines," are Calcasieu, Cameron, Jefferson Davis, and Vermilion.

The Executive Order defers, as it must, to the Louisiana Supreme Court's October 3, 2005 Resolution and Temporary Rule (found here)

As a service to the community and its clients, Kean Miller will present a Post-Katrina Energy Industry Forum on Thursday, October 13th. In addition, the firm will host its Louisiana Environmental Forum on Friday, October 14th. These two important industry events are part of a week-long breakfast briefing series designed to provide innovation, insight and ideas for business and industry in Louisiana. These breakfast briefing events will be held at Drusilla Place, 3482 Drusilla Lane (Jefferson Highway at I-12 in Baton Rouge).

by Todd A. Rossi

Hurricane Katrina is the most costly natural catastrophe in U.S. history. While the adverse effects on Louisiana, Alabama, and Mississippi residents are evident, this disaster will probably have a tremendous impact on insurers who have not faced an exposure from a catastrophe of this nature. While Hurricane Andrew and the other major storms that followed Andrew significantly affected residential property, Katrina's wrath affected both a major American city and an entire region. Consequently, the insurance industry faces large and widespread claims and massive and unanticipated losses. Coupled with anticipated aggressive claims positions by insureds, probable pressure from reinsurers, extensive attorney involvement, and clashing personalities, the claims process will be difficult at best.

As a service to the community and its clients, Kean Miller will present a series of industry-specific discussions, dialogue and resources devoted to the renewal and rebuilding of Louisiana's economy. This week-long breakfast briefing series is designed to provide innovation, insight and ideas for the business community in Louisiana. The series will take place from October 10 through October 14 at Drusilla Place, 3482 Drusilla Lane (Jefferson Highway at I-12 in Baton Rouge).

Kean Miller's "Moving Louisiana Forward" breakfast series will feature panel discussions and presentations focusing on important business, legal and regulatory issues facing post-Katrina Louisiana. We will focus on the Louisiana economy (Monday, October 10), the construction industry (Tuesday, October 11), the healthcare industry (Wednesday, October 12), the energy industry (Thursday, October 13) and the Louisiana environmental regulatory landscape (Friday, October 14).

On October 3, 2005, the Louisiana Supreme Court issued a resolution, effective through October 25, 2005, establishing procedures to lift or modify the suspension, under Governor Blanco's Executive Orders 32 and 48, of "all deadlines applicable to legal proceedings, including prescription and peremption, in all Louisiana state courts, administrative agencies, and boards."

Under the resolution a party or attorney has been "adversely impacted" if his or her "ability ... to proceed with the legal proceeding has been substantially impaired by Hurricane Katrina or Rita."

If all parties to a suit file a joint motion certifying that no attorney or party has been adversely impacted by Hurricanes Rita or Katrina, the judge (trial or appellate) can lift or shorten the emergency suspension periods outlined in the orders.

In the wake of Hurricane Katrina, the Louisiana Department of Insurance has issued three (3) emergency rules to address issues resulting from the current State of Emergency. All rules retroactively become effective as of 12:01 a.m. on August 26, 2005, and shall continue in full force and effect for the duration of the present State of Emergency proclaimed by Governor Kathleen Blanco. Emergency Rule 15 relates to cancellation of insurance policies, notification requirements, and rate increases. Emergency Rule 16 applies to the settlement and business practices of insurance adjusters and requires all public adjusters operating in Louisiana to register with the Department of Insurance. The focus of Emergency Rule 17 is the continuation of health insurance coverage and the payment of claims to medical providers.

By the Kean Miller Business Law Team

Many businesses in Louisiana are now assessing how Hurricane Katrina and Hurricane Rita have affected and will continue to affect their contracts with clients, vendors, partners, and others. This article provides some general guidelines that businesses can use to determine if and how their contracts' terms or Louisiana's commercial law may affect contractual rights and obligations in light of the hurricanes.

According to this article on Nola.com, Orleans Parish Civil District Court will reopen "early next month" in temporary quarters at 1056 E. Worthy Street in Gonzales, according to Chief Judge Ethel Sims Julien. While that address does not map precisely on Google, here's the approximate location.

Governor Blanco has issued Executive Orders KBB-05-43 through KBB-05-50:

KBB-05-42: Extension of Executive Order No. KBB 2005-30
Emergency Filing Procedures for UCC and Notary Bonds

On September 23, President Bush signed into law H.R. 3768, the "Katrina Emergency Tax Relief Act of 2005." KETRA features a number of provisions designed to provide relief to individuals and businesses recovering from Hurricane Katrina.

The IRS has granted various extensions to taxpayers in areas affected by Hurricane Katrina. Generally, this relief extends the due dates for any business or individual return due on or after August 29, 2005 until January 3, 2006.

The Louisiana Department of Revenue released a bulletin today relating to state treatment of Hurricane Katrina related federal tax relief.

By Amy D. Berret

On September 2, 2005, Louisiana's Governor, Kathleen Babineaux Blanco, issued Executive Order No. KBB 2005-26. The order suspended all state licensure laws, rules and regulations for medical professionals and personnel from other states who offer medical services in Louisiana to those needing medical services as a result of Hurricane Katrina.

By the Kean Miller Health Law Team

The Department of Health and Human Services, Office of Civil Rights ("OCR"), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers.

By the Kean Miller Construction Law Team

One of the Executive Orders enacted by Governor Kathleen Blanco in response to the disaster arising out of Hurricane Katrina and the flooding caused by the breaches of the levees around New Orleans is Executive Order KBB 2005-27. This Executive Order is captioned "Emergency Procedures for Conducting State Business".

In the flurry of post-hurricane orders and developments, we overlooked Governor Blanco's Executive Order #30, which temporarily relaxes the venue restrictions on UCC filings and notarial powers. The heart of the order reads:

By the Kean Miller Labor & Employment team

Many clients, friends and neighbors are now faced with serious and unanticipated storm-related decisions regarding the interruption/closure of businesses and issues related to their employees. Employers will encounter individualized issues, but we provide the following checklist of some general considerations for employers who face business interruptions and closures.

by Chris Dicharry

Another press release from the Louisiana Department of Revenue website:

Date: September 6, 2005

BATON ROUGE- The Department of Revenue is granting tax relief to those taxpayers who are unable to file tax returns or make tax payments because of the effects of Hurricane Katrina, announced Revenue Secretary Cynthia Bridges.

Under the authority of Louisiana Revised Statute 47:1514, the state is granting:

* a 30-day extension of time to file or make payments for sales tax returns due September 20, 2005, and
* a 60-day extension of time to file or make payments for other taxes, except income, that would otherwise be due August 30th through September 30th.

From the Louisiana Department of Revenue website:

Date: September 6, 2005

BATON ROUGE- At the request of the Louisiana Policy Jury Association, the Louisiana Department of Revenue has established an address to accept tax returns and payments for four parishes in the Metropolitan New Orleans area that cannot receive mail due to the destruction caused by Hurricane Katrina. Businesses in the parishes of Orleans, Jefferson, St. Bernard, and Plaquemines should remit returns and payments to the following address:

P.O. Box 91138, Baton Rouge, LA 70821-9138

The Department will assure that the returns are delivered to the correct local tax authorities. Assistance is also being sought from the Louisiana Association of Tax Administrators, an organization that represents the interests of local tax collecting agencies.

Additional information may be obtained by calling any of the following offices of the Department: Alexandria Regional Office, (318) 487-5333; Baton Rouge Headquarters, (225) 219-7318 or (225) 219-0102; Baton Rouge Regional Office, (225) 922-2300; Lafayette Regional Office, (337) 262-5455; Lake Charles Regional Office, (337) 491-2504.

by Chris Dicharry

The Department of Revenue has issued an emergency rule restricting the sales tax refunds on property destroyed in natural disasters.

You can read the emergency rule here: Download file.

by Maureen Harbourt

On September 7, 2005, the Conservation Commissioner issued a memorandum authorizing certain exceptions to the rules of the Commission which deal with oil and gas production activities. The memorandum applies only to operations in the eight worst-affected parishes: Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, Terrebonne, and Washington. However, the memorandum states that the Commission recognizes "that operational situations may exist or be encountered which justify other exceptions to the rules of the Office of Conservation both within and outside the authorized area." Thus, for situations not covered by the memorandum, Conservation encourages the operator to call 225/342-5540. The areas covered by the memorandum include:

*A general exception to LAC 43:XIX.3507 allowing the venting of gas produced from wells recognized as oil wells by the Office of Conservation provided certain conditions exist and certain practices are followed.

*Where the authorized transporter is unable to move production due to storm related issues, a general exception to LAC 43:XIX.907 is provided to allow operators to move oil from facilities without the necessity of filing Form R-4 (Authorization to Move Oil), provided a transporter recognized as an oil transporter by the Commission is used.

*Case-by-case approval will be considered to allow short term commingling of production from separate leases and/or units in exception to LAC 43:XIX.1501 where facilities for the separate leases and/or units have been destroyed or damaged by the storm. To obtain the approval, the applicant must demonstrate that appropriate measures are in place to provide reasonably accurate allocation of production to each such lease and/or unit.

*Where the currently authorized produced water disposal system is unavailable due to storm related conditions, authorization without first obtaining a permit pursuant to LAC 43:XIX.403 is given to inject produced water into a formerly productive well that has depleted and is no longer capable of production.

The relief afforded is authorized only until November 30, 2005. The full memorandum will be published on the Office of Conservation website at: http://dnr.louisiana.gov/cons/conserv.ssi or by email request to Steve.Boutwell@keanmiller.com. or Maureen.Harbourt@keanmiller.com.

Governor Blanco has issued Executive Order No. KBB 2005-32, which can be found here.

The heart of the order is found in Sections I and II:

SECTION 1: All deadlines in legal proceedings, including liberative prescriptive and peremptive periods in all courts, administrative agencies, and boards are hereby suspended until at least September 25, 2005, including, but not limited to, any such deadlines set for in the following:

A. Louisiana Civil Code;

B. Louisiana Code of Civil Procedure;

C. La. R.S. Title 9, Civil Code Ancillaries;

D. La. R.S. Title 13, Courts and Judicial Procedure;

E. La. R.S. Title 23, Chapter 10, Worker's Compensation;

F. La. R.S. Title 40, Chapter 5 Part XXI-A, Malpractice Liability for State Services; and

G. La. R.S. Title 40, Chapter 5, Part XXIII, Medical Malpractice.

SECTION 2: This Order is effective upon signature and shall apply retroactively from Monday, August 29, 2005, through Sunday, September 25, 2005, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law prior to such time.

According to two articles in the Baton Rouge Advocate this morning, some courts and/or judges affected by the hurricane are temporarily relocating as follows:

1. The Louisiana Supreme Court will be housed with the First Circuit Court of Appeal

2. Three Eastern District judges -- Chief Judge Helen G. Berrigan, and Judges Sarah Vance and Kurt Engelhardt -- will "share chambers and courtrooms with their Baton Rouge counterparts in the Middle District"

3. The New Orleans bankruptcy court will "move in with the Baton Rouge bankruptcy court at 707 Florida St."

With regard to the inability to file suits and other legal proceedings, the Advocate quotes Ray Lamonica, general counsel for LSU, as follows:

"The Louisiana Homeland Security and Emergency Assistance and Disaster Act gives the governor the authority to suspend regulatory laws that place time constraints on permits, appeals and other cases, he said.

But it likely will take an act of the Legislature to extend the amount of time attorneys have to file a lawsuit -- generally one year from an accident or other incident, Lamonica said."

Read the Advocate articles here:

http://www.2theadvocate.com/stories/090705/new_resume001.shtml

http://www.2theadvocate.com/stories/090705/new_findhomes001.shtml

According to its Web site, the United States District Court for the Middle District of Louisiana has issued a notice and ordered that U.S. Eastern District (New Orleans) filings may be made at the U.S. Middle District in Baton Rouge or U.S. Western District in Lafayette. Due to computer problems, the Middle District is not accepting electronic filings at this time. However, the courthouse is open for traditional paper filing.

Due to Hurricane Katrina all notices and orders will be delivered via U.S. Mail and E-mail until further notice. Because the court may be unable to verify electronic service of pleadings filed with the court for several days, they are advising all counsel of record to serve opposing counsel via U.S. Mail. Further, the courts asks that attorneys notify the court of any change of mailing or email address.

In addition and effective immediately, all persons entering the Russell B. Long Federal Building and United States Courthouse are required to present a picture ID. In addition, attorneys may only bring a cell phone, beeper, or palm pilot into the courthouse without seeking permission from the Chief Judge or any other judicial officer. This permission to bring a cell phone, beeper or palm pilot into the building is subject to the following sanction: Any cell phone, beeper or palm pilot which rings or makes any other noise in the courtroom, chambers or in the hallways outside of a courtroom shall be subject to seizure and shall not be returned to the owner. An attorney who wishes to bring a computer into the courtroom for use at a hearing, conference or trial must seek permission from the presiding judicial officer, or in the judicial officer's absence, from the Chief Judge.

http://www.lamd.uscourts.gov/

By Mark Mese

Hurricane Katrina will undoubtedly go down in history as the worst natural disaster to hit the United States. The current estimated cost to repair damage from Hurricane Katrina caused has reached $50.0 billion, much of which may be covered by insurance. Hurricane Katrina will have enormous impact on policyholders and their insurers in Louisiana, Mississippi, and Alabama. Policyholders will need to act carefully and in some cases promptly to protect their rights under insurance policies providing coverage for environmental claims, business interruption claims, property loss claims, and general liability claims.

Kean Miller Hawthorne D'Armond McCowan & Jarman, LLP (Kean Miller) donated $10,000 today to help fund the initial development of the United Way Command Center in Baton Rouge, Louisiana. The United Way Command Center has been established to efficiently and effectively meet the human service needs of Hurricane Katrina victims in the 10 parishes served by Capital Area United Way (CAUW).

Heroic efforts are underway to rescue, house, and comfort hundreds of thousands of people affected by the aftermath of Hurricane Katrina. As our thoughts turn toward rebuilding and renewal, we can only wonder what the future holds for the city of New Orleans.

To that end, Dr. George Friedman, Chairman of Stratfor, the world's largest privately held intelligence company, recently authored a thought-provoking article on the rebuilding of New Orleans as it relates to the national -- and global -- economy. Read the article.

On September 2nd, officials with the Fifth United States Circuit Court of Appeals in New Orleans decided to temporarily move the court to Houston, Texas. The Fifth Circuit hears federal appeals from Texas, Mississippi and Louisiana and was housed in the John Minor Wisdom Courthouse in New Orleans.

The court is expected to begin operations in Houston on September 14 and remain there for approximately 60 days before relocating to Baton Rouge, Louisiana according to news reports quoting Chief Judge Carolyn King.

By Gary A. Bezet, Managing Partner

To our friends, clients and colleagues --

We deeply appreciate all of the calls, e-mails and concern expressed by our clients, contacts and friends in the aftermath of Hurricane Katrina. Because our headquarters are in Baton Rouge, we were spared the brunt of the damage and devastation being experienced by our friends in New Orleans and on the Gulf Coast. Thankfully, our Baton Rouge, Lake Charles, and Plaquemine offices were not affected.

The Louisiana Department of Labor has issued a notice advising of its efforts to make sure that all qualified UI recipients can file their claims and receive their checks.

From the notice:

"We want those in need to know that within the next 48 hours we will have dozens of Department of Labor employees and our local partners taking claims at shelters, hotels and wherever there are large groups of displaced people.

For those who are able, we ask that they go to the nearest One Stop or Job Center to file their claims. Others can file over the Internet by going to our Web site at www.LAWORKS.net. We will be establishing a 1-800 number so that victims can call for information."

Read the whole notice here: http://www.ldol.state.la.us/qm_pressrelease_details.asp?PRseqno=304

The United States Department of Labor has posted an advisory explaining the qualifications for Disaster Unemployment Assistance here. As stated in the notice:

"Before an individual can be determined eligible for Disaster Unemployment Assistance, it must be established that the individual is not eligible for regular unemployment insurance benefits (under any state or federal law)."

The Los Angeles Times has posted a list of useful links to a variety of storm-related sites: providing or seeking information about family members, news, storm relief, weblogs, and general information:

http://www.latimes.com/news/nationworld/nation/la-083005weblog,0,999372.htmlstory?coll=la-home-headlines

The link may not last long, so grab the contents while you can.

Per its website at http://www.laed.uscourts.gov, the United States District Court for the Eastern District of Louisiana has closed until further notice, and has suspended "all deadlines and delays in matters pending before this court...until ordered otherwise."

by Maureen Harbourt

Today the Louisiana Department of Environmental Quality issued an emergency order effective for 60 days that suspends or modifies existing environmental requirements in many areas in order to facilitate response to Hurricane Katrina. The order applies in 25 parishes in the New Orleans to Baton Rouge area. Among the provisions are those waiving 24 hour notification of upsets under NPDES permits and establishing special discharge authorizations and requirements; authorization of repairs to solid waste facilities without prior approval of DEQ, although notice is required; special exemptions and reporting requirements for management of woodwaste, construction debris, animal carcasses, and asbestos; a waiver of the prohibition on open burning for management of hurricane generated waste, with conditions; authorization of air emissions due to minor repairs to previously permitted stationary sources subject to conditions; and extension of deadlines for some otherwise due reports, but not for Title V or PSD reports, reports due under settlement agreements and the like. A full copy of the order is available at the DEQ website http://www.ldeq.org/news/pdf/EmergencyDeclarations(2).pdf

La. R.S. 47:315.1 permits the owner of personal property destroyed by a natural disaster (i.e., one declared by the President to warrant federal assistance) to obtain a sales tax refund under certain circumstances. According to the Louisiana Department of Revenue (http://www.rev.state.la.us/forms/taxforms/1362I(10_02).pdf), a claim can be made for "taxes paid on movables such as clothing, boats, appliances, furniture, etc.," but not fixed items such as carpeting, cooling systems, etc. You should read the referenced link for more information.

Persons suffering movable property losses must file a claim with the Department using Form 1362 (Natural Disaster Claim for Refund of State Sales Taxes Paid), Form R-1362I (Natural Disaster Claim for Refund - General Information), Form R-1362S (Natural Disaster Claim for Refund - Schedule), and Form R1363 (Refund of State Sales Taxes Paid on Titled Assets). The forms are available from the Department's website at www.rev.state.la.us under "Tax Forms" and the sub-heading "Sales Tax."

The full text of the statute follows: