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.
In New Investment Properties, L.L.C. v. ABC Company, et al, 2007 W.L. 4305464 (4TH 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.
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.
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.
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.
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…
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…
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.…