For decades, the Louisiana Supreme Court has grappled with the “open and obvious” liability defense, making several attempts to determine its proper use within Louisiana’s duty-risk negligence analysis. The latest of these cases is Farrell v. Circle K Stores, Inc. and the City of Pineville, in which the Court changed course from multiple of
The 2023 Regular Legislative Session’s enactment of HB 196 brings robust changes to Louisiana’s summary judgment procedure, set forth in Louisiana Code of Civil Procedure Article 966. The newest amendment to Article 966 focuses primarily on summary judgment evidence, and these changes demand strict adherence to the newly amended summary judgment procedure.
Expansion of Documents
The property tax “open rolls” period is here for Louisiana taxpayers. While this annual inspection period is important in any year, legislation which took effect in 2022 has altered the process of appealing a parish assessor’s valuation determination. Therefore, it is critical for taxpayers to take early and appropriate action.
The “open rolls” period in
The 2023 Regular Session of the Louisiana Legislature wrapped on June 8, 2023. During this session, the Louisiana Legislature enacted a number of bills in the energy and environmental sector of the law. Below is a brief summary of all new relevant adopted provisions:
Energy
Act 150 (SB 103) changes the name of the Department
Because it was a fiscal session, the Louisiana Legislature enacted a number of key tax changes in the 2023 Regular Session that concluded on June 8, 2023. Below you will find the important substantive tax updates and their implications for taxpayers, which are addressed by tax type. A number of these changes represent welcome relief for
When President Joe Biden expressed his concerns about children’s Internet usage during his 2023 State of the Union address, Louisiana certainly agreed with that concern. On June 8, 2023, the Louisiana legislature enrolled for Governor John Bel Edwards a bill intended to extend parental consent requirements on social media use by children under the age
The Louisiana Supreme Court answered the question of when general damages are recoverable for mental anguish by tort plaintiffs who suffer no physical injury in Spencer v. Valero Refining Meraux, LLC. In this action which involved the claims of four plaintiffs, an accident, fire, and explosion occurred at the Valero refinery in Meraux, Louisiana
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
In trip and fall litigation, the validity of a plaintiff’s claim often turns on whether the condition allegedly causing the fall is a so-called “open and obvious” risk of harm. That is, a risk of harm that is so obvious and discoverable that a reasonable person would have avoided the hazard, and ultimately, the injury.
We’ve all seen the commercials: “Call before you dig.” But how does calling 811 before you dig help, and what’s required for underground facility owners and contractors performing excavation work? Continue reading for a brief summary of the Louisiana Underground Utilities and Facilities Damage Prevention Law (La. R.S. 40:1749.11, et seq.) (“Dig Law”).
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