On January 26, 2015, Saks Fifth Avenue withdrew a pleading that had sparked the attention of federal agencies and gender rights activists. In so doing, Saks abandoned its previously-pled position that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute, does not protect transgender individuals. Gender rights activities tout the withdrawal
Kean Miller
EPA Proposes Changes to Oil Spill Dispersant Use
By Kean Miller on
Dispersants are one of the tools available to mitigate detrimental impacts to shorelines and wildlife exposed to oil spills. In response to the Deepwater Horizon incident, the EPA authorized use of surface and subsurface dispersants. In mid-January 2015, the EPA announced that it would soon publish proposed rules in the Federal Register to address future…
U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman
By Kean Miller on
Posted in Admiralty and Maritime
Naquin v. Elevating Boats, L.L.C., — F.3d —, 2014 WL 917053, No. 12-31258 (5th Cir. Mar. 10, 2014)
(Davis and Milazzo, J.; Jones, J. dissenting)
In a decision that will undoubtedly have a lasting impact on marine insurers and their shipyard insureds, a divided panel of the U.S. Fifth Circuit held that a vessel…
EEOC Resolves to Protect LGBT Workers from Employment Discrimination in 2015
By Kean Miller on
Posted in Labor and Employment Law
In recent months, the EEOC has made clear that protections for LGBT workers remains a priority for the EEOC. Before Thanksgiving, the EEOC published a document entitled “What you Should Know about EEOC and the Enforcement Protections for LGBT Workers,” in which the EEOC touted its enforcement efforts in this area and reaffirmed its commitment…
The Safe Harbor Rule of E-Discovery: Rule 37(e) Governs Consequences of Failure to Preserve Discoverable ESI
By Kean Miller on
Posted in E-Discovery
Rule 37(e) of the Federal Rules of Civil Procedure, also known as the “Safe Harbor Rule” of electronic discovery, governs the consequences of a party’s failure to preserve discoverable Electronically Stored Information (ESI). Currently, Rule 37(e) provides:
Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to…
DHH Implements Recovery Audit Contractor Program
By Kean Miller on
Posted in Health Law, Louisiana in General
The Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as required by the Affordable Care Act. The new RAC program provides yet another mechanism by which DHH, through its contractors, can conduct post-payment audits of claims submitted by providers enrolled in Medicaid.…
Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
By Kean Miller on
Posted in Admiralty and Maritime
A. Introduction to Punitive Damages
Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59, 71, 33 S.Ct. 192, 57, L.Ed. 417 (1913). Punitive or exemplary damages do not compensate for a loss; instead, they are imposed to punish the…
Recovery of Attorney’s Fees in Construction Disputes
By Kean Miller on
Posted in Construction Law, Louisiana in General
By the Kean Miller Construction Team
Under Louisiana law, a party may recover attorney’s fees from an opposing party only in two specific circumstances: (1) where there is a contract between the disputing parties that explicitly requires the payment of the attorney’s fees incurred by the opposing party, or (2) where a specific Louisiana statute…
DHH Proposes Rule on Prohibition of Provider Steering of Medicaid Recipients
By Kean Miller on
Posted in Health Law
On September 20, 2014, the Department of Health and Hospitals (“DHH”) published its notice of intent to promulgate a rule to continue the provisions of a March 20, 2014 Emergency Rule regarding the prohibition on provider steering of Medicaid recipients to select a particular health plan. DHH had previously promulgated an Emergency Rule on this…
DHH Implements New Adverse Actions Web Search for Excluded Individuals and Entities
By Kean Miller on
Posted in Health Law
To participate in the Louisiana Medicaid Program, providers have been required to ensure that their current and potential employees, contractors and other agents and affiliates were not excluded from participation in the Medicare or Medicaid Programs. Providers have been instructed to check the Department of Health and Human Services’ Office of Inspector General’s website for…