Given the significantly better benefits available to an injured worker who qualifies under the Longshoreman and Harbor Workers’ Compensation Act (“LHWCA”) compared to a state workers’ compensation scheme, attorneys for injured workers are constantly trying to fit their client into the LHWCA to maximize their potential recovery. As a result, there is a steady availability
Louisiana in General
Suspension of Insurance Provisions in Flood Affected Parishes
By emergency declaration issued August 18, 2016, the Commissioner of the Louisiana Department of Insurance adopted Emergency Rule 27. Emergency Rule 27 allows the Department of Insurance to suspend certain statutes in the Louisiana Insurance Code and the rules and regulations promulgated under those statutes that may affect families and business affected by the current…
U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding
Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana. The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, 2016 due to historic…
Limited Sales Tax Relief Available To Louisiana Flood Victims Without Flood Insurance
If you are one of the many South Louisiana residents directly affected by recent flooding but did not have flood insurance protection for your home and/or assets, be aware that the law provides some limited relief in the form of sales tax refunds. Under Louisiana law (La. R.S. 47:315.1), residents living in an…
IRS Extends Various Tax Deadlines to January 17, 2017 for Certain Parishes Affected by the August, 2016 Flood in Louisiana
The Internal Revenue Service (IRS) has granted tax relief to postpone various tax filing and payment deadlines for certain filings or payments that were due on or after August 11, 2016. The relief postpones the filing deadlines or payment deadlines until January 17, 2017. Therefore, this extension will include the September 15th deadline for…
The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays
On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows:
- Liberative prescription and peremptive periods continue to be suspended throughout
…
The Flood of 2016: Reduced Property Taxes
Property taxes in Louisiana are generally based on the status and condition of taxable property on January 1 of each tax year. For Baton Rouge and surrounding areas devastated by the recent flooding that could mean paying property taxes on homes and business property based on the condition of property before the floods.
Fortunately, Louisiana…
The Flood of 2016: Employment Issues For Businesses
As the flood waters begin to recede, and South Louisiana begins to dry out and recover from the recent flooding, Louisiana employers also face recovery issues, including how to address employee needs. Although there is no rule of thumb that applies to all situations, common sense, consistency, and compassion can go a long way. Flexibility,…
Landlord and Tenant Rights and Obligations in Light of Louisiana Flooding
The recent flooding of the Baton Rouge and surrounding communities has ravaged property, devastated lives, and impacted businesses. Much of the legal discussion surrounding the flooding in Louisiana will inevitably involve the ins and outs of flood insurance and FEMA assistance. However, there are other legal implications of the floods that need some consideration, such…
Business Disaster Loans: Assistance for Uninsured or Under-insured Losses
In the aftermath of the floods that devastated southeastern Louisiana, many businesses will be in need of financial assistance for uninsured or under-insured losses. The U.S. Small Business Administration (“SBA”) offers financial assistance to businesses in declared disaster areas through low-interest, long-terms loans.
Business Physical Disaster Loans. Businesses of all sizes, as well as private,…