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The 18th Judicial District Court in Louisiana (Iberville, West Baton Rouge and Pointe Coupee Parishes) has requested, and received, an ad hoc judge appointment. Judge Thomas W. Tanner has been appointed by the Louisiana Supreme Court to handle all asbestos cases. Ad hoc judges are used occasionally in asbestos cases and have been appointed for…

The Louisiana Senate passed SB 700 by a vote of 20-18. SB 700 would set a state-wide minimum wage of $6.15 or $1.00 higher than the existing federal minimum wage. As written, SB 700 has several exceptions. The bill now goes to the House of Representatives for consideration. According to a story in the Baton…

In Turner v. Murphy Oil USA, Inc., 2006 WL 286009 (E.D. La. 2006), a mass tort class action arising from a crude oil spill in Chalmette during Hurricane Katrina, Judge Fallon certified a class, and Murphy appealed that ruling. Pending the appeal, having denied a stay, Judge Fallon ordered notice to the class pursuant to Rule 23(c)(2) of the Federal Rules of Civil Procedure. Plaintiffs opposed affording an opt-out provision in the notice, on the basis that the definition of the class could be modified by the Fifth Circuit, thus requiring follow-up notice, but Judge Fallon thought it important to inform potential class members of the consequences of opting out immediately, in view of Murphy’s ongoing settlement program.
Continue Reading Class Action Notice, Federal Question Jurisdiction, Protection of Customer Data, Supreme Court Examines Reach of Clean Water Act

In Wyeth, Inc. v. Gottlieb, 2006 WL 335602 (Fla.App. 3 Dist.), Florida’s Third District Court of Appeal reversed the trial court’s certification of a Prempro (conjugated estrogen and progestin) medical monitoring class. The court of appeal focused upon the “highly individualistic” nature of causation determination, which depended on individual characteristics and risk factors of the claimant, the dosage, the duration of consumption, other medications being taken, and knowledge of risks. The court also found that these considerations required individual customization of any medical monitoring plan. The evolution in what Wyeth knew, and warned about, over a 10-year period also strongly militated against class certification.
Continue Reading Two Recent Decisions of Note on Class Certification, Removal/Remand

Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, have joined the firm in the New Orleans office.

“We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our offices are located in Louisiana’s major port cities — New Orleans, Baton Rouge and Lake Charles — and this esteemed group brings over 150 years of combined experience in maritime issues, admiralty law, marine insurance, oil & gas, drilling and exploration, pipelines, construction, and energy law to our clients.” said Gary A. Bezet, managing partner of the 121-lawyer firm.
Continue Reading Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups – New Orleans Office Triples in Size

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.
Continue Reading Potential Katrina Coverage Arguments

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.
Continue Reading Wind Versus Flood Coverage and Hurricane Katrina

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.
Continue Reading Nature’s Fury or Human Blunder? The ‘Act of God Defense’ in Louisiana

HB90, dealing with Governor Blanco’s emergency orders suspending prescription, peremption, and legal deadlines, awaits final Senate passage. The Senate Judiciary A Committee adopted amendments which have not yet been incorporated into the latest version of the bill, but which should ultimately be included.

You can (and should) read the bill in its entirety here, together with the amendments by Senate Judiciary Committee A here.

Noteworthy aspects of the bill follow:
Continue Reading HB90 – Suspension of Prescription – Update

A recent case out of Louisiana could be big news for general contractors, owners, and insurers. Louisiana’s Second Circuit Court of Appeals agreed with a lower court’s opinion that an upstream contractor was entitled to insurance coverage for the cost of repairing defective work performed by a subcontractor (Broadmoor Anderson v. National Union Fire Insurance of Louisiana).
Continue Reading Insurance Coverage for Defective Workmanship