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
Kean Miller
Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive Awards of General Damages to Personal Injury Plaintiffs
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…
Clarifying Contra Non Valentem: The Fifth Circuit Weighs in on Latent-Injury Cases
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…
Choice-of-Law Clauses in Marine Insurance Policies: The U.S. Supreme Court Grants Cert
Earlier this month, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. The question before the Court is whether, under federal admiralty law, a choice-of-law clause in a marine insurance policy can be rendered unenforceable if enforcement is contrary to a strong public…
The Diversity Disclosure Statement: A New Amendment to Rule 7.1 of the Federal Rules of Civil Procedure
In 2021, there were more civil cases filed in federal court based on diversity of citizenship than any other jurisdictional basis.[1] That means any changes to the rules affecting diversity cases are bound to affect lots of litigants. On December 1, 2022, one such change took effect.
Federal Rule of Civil Procedure 7.1(a)(2) now…
Protecting Health Care Providers During Pandemic: Gross Negligence Standard Applies for Premises Claims Against Physicians and Health Care Providers
On March 11, 2020, during the height of the COVID-19 global pandemic, Governor John Bel Edwards declared a public health emergency for the State of Louisiana pursuant to the Louisiana Health Emergency Powers Act, La. R.S. 29:760 et seq. This is not the first time the Governor has declared a public health emergency for…
Louisiana to Receive Federal Funding to Help Address Thousands of Orphaned Oilfield Sites throughout the State
The U.S. Interior Department recently announced that it is awarding Louisiana with about $47 million to be used to plug and abandon the orphaned well sites throughout the state. This is part of phase one of many under the Infrastructure Investment and Jobs Act, which was signed by President Biden in November.
Louisiana first turned…
It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness
Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism of college athletics, the organization’s Division I board of directors decided Wednesday that it would…
Ashes to Ashes, Dust to Dust, Could Carbon Capture Save the Climate Bust?
Originally published in the Ark-La-Tex Association of Professional Landmen Register
Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere. By returning CO2 emissions that resulted from the…
From a Louisiana Notary Far Far Away…
Currently, 29 states permit some form of remote online notarization (RON) and Louisiana is (almost) one of them.[1] House bill 274 of the 2020 regular session of the Louisiana State Legislature was signed into law on June 11, 2020. HB 274, among other things, permits the use of remote online notarization in Louisiana. However,…