In the recent 2-1 decision of Knight v. Kirby Offshore Marine Pac., L.L.C, No. 19-30756, 2020 WL 7393534, at *1 (5th Cir. Dec. 17, 2020), the Fifth Circuit held that a Jones Act Seaman was contributorily negligent for his injuries when following the general orders of his superior. The Court analyzed the differences between general
Kean Miller
Sports Betting Legislation Passed in Louisiana
In the 2018 case, Murphy v. National Collegiate Athletic Association, the United States Supreme Court struck down the federal Professional and Amateur Sports Protection Act (PASPA). PAPSA went into effect in 1993 and prevented any state from legalizing sports gambling (unless the state was grandfathered in). As a result of the ruling in Murphy…
Supreme Court Rules Civil Rights Act Protects Gay and Transgender Employees From Workplace Discrimination
On June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia, holding that an employer who fires an individual based on the individual’s sexual orientation or gender identity violates the express terms of Title VII of the Civil Rights Act of 1964 (“Title VII”),…
UPDATE: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. Accordingly, the Louisiana Supreme Court has issued orders over the last several weeks to help the court system navigate through these challenging times. Recently, Louisiana’s Governor, in Proclamation JBE 2020-58, lifted the Stay-at Home Order…
UPDATE: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 30, 2020, Louisiana’s Governor in Proclamation JBE 2020-52 extended the suspension of all legal deadlines at least until May 15, 2020. Further, the Louisiana Supreme Court has issued orders over the last several weeks…
UPDATE: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the…
Updated: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the…
Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the…
RMP Amendment Rule At Odds with OSHA Review Commission BP Husky Decision
Up-to-date Process Safety Information
When originally adopted in 1996, the Environmental Protection Agency (EPA) adopted
“the requirements of the OSHA PSM Standard, 29 CFR 1910.119(c) through (m) and (o), with minor changes to address statutory differences. This makes clear that one accident prevention program to protect workers, the general public, and the environment will satisfy …
A Way to Earn More? The Risks in Earnout Provisions
A potential purchaser of a business and a corresponding seller often disagree on the value of the business, particularly in regard to sales projections. The purchaser may attempt to entice the seller with what it believes is a fair compromise – accepting the perceived over-inflated price asked for by the seller, but paying only a…