On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On January 13, 2017, the EPA published a new final rule. This is third in a planned series that will address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,
Louisiana in General
EPA RMP Requirements: Third Party Audits and Privilege
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On January 13, 2017, the EPA published a new final rule. This a second in a planned series that will address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,…
U.S. Supreme Court To Consider Class-Action Waivers
Today, the United States Supreme Court decided to consider three decisions involving class-action waivers in employee arbitration agreements. As background, many employers require employees to sign arbitration agreements. In these agreements, employees give up the right to sue their employer and agree that all employment related claims will be subject to arbitration. Many of these…
EPA RMP Requirements: Root Cause Analysis for Near Misses
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy. A series of blogs are planned to address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,…
Standing Orders Permitted for the Distribution of Naloxone
Recognizing the global problem of abuse and addiction to opioids, the Louisiana Legislature and the Louisiana Board of Pharmacy have enacted legislation and regulations to provide for the prescribing, dispensing and administration of Naloxone, an opioid antagonist.
In 2014, the Louisiana Legislature passed legislation authorizing “first responders” (peace officers, firefighters, EMS practitioners) to receive a…
Seaman Status Found for Worker on “Floating Mat” Not Connected to a Vessel at the Time of Injury
On October 19, 2016, the Louisiana Third Circuit Court of Appeal in Guidry v. ABC Ins. Co., 2016-61 (La. App. 3 Cir. 10/19/16); — So. 3d — affirmed that a welder injured while assisting in the construction of a bulkhead in Grand Isle, LA was a seaman and that the floating mat on which…
EDLA Rules Plug and Abandon Contract is Maritime in Nature, Providing Indemnification to Platform Owner for Personal Injury Claims
In November 2016, the Eastern District of Louisiana again confronted the “marshland” involved in categorizing a contract as maritime or non-maritime. In In re: Crescent Energy Services, LLC, No. 15-819 (E.D. La. Nov. 7, 2016), the court held that a contract to plug and abandon a well in Louisiana waters was maritime in nature.…
Employees and Time Off to Vote
Record breaking voter turn out is expected on Tuesday. Employers should be aware that neither federal nor Louisiana law requires an employer to give an employee time off to vote, but Louisiana law does forbid employers from discriminating against an employee based on his or her political beliefs. It also prohibits all employers from attempting…
Protecting Attorney-Client Privileged Communications in M&A Agreements
Recent cases have highlighted the importance of seller contractually protecting and retaining ownership over communications that, pre-closing, are subject to the attorney-client privilege. The absence of such language in a merger or asset/stock purchase agreement can lead a court to conclude that such communications are owned by the buyer/surviving corporation.
Such was the result in…
Enforcing Arbitration Awards in Louisiana
Click here to review a Practice Note explaining how to enforce arbitral awards in the state and federal courts in Louisiana. This Note explains the procedure for confirming an arbitration award in Louisiana, and the grounds on which a party may challenge enforcement under Louisiana and federal law, including the New York Convention on the…