Louisiana in General

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The Eastern District of Louisiana recently held that a marine fuel supplier who provided fuel to a vessel, through two intermediaries, did not have a valid maritime lien on the vessel even though the vessel accepted and signed for the fuel delivery. See Valero Marketing & Supply Co. v. M/V ALMI SUN, 2016 WL…

The U.S. Fifth Circuit issued a decision this week that addresses the murky question of what law applies to offshore incidents. It illustrates that the choice of law issue is not merely academic but has important real-world consequences. In this case it meant that a lawsuit for over $400,000,000 was given new life. See Petrobras…

In recent years, businesses of all types have experienced an uptick in lawsuits filed under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination against disabled persons regarding access to and enjoyment of places of public accommodation. With a ruling from the Western District of Louisiana in August 2015, the reach of…

A typical oilfield personal injury case in (or off the coast of) Louisiana involves a review of the relevant contracts and an analysis of whether demands for defense and indemnity can be made (and enforced) against other contracting parties. And, typically, the party on the receiving end of such a demand – usually the plaintiff’s…

Think Americans with Disabilities Act (“ADA”) access litigation is limited to sidewalks, restrooms and physical barriers to the disabled in “brick and mortar” establishments? Think again.

A growing number of lawsuits are being filed against businesses under Title III of the ADA alleging that that the business’s website does not provide adequate accessibility to the…

Kean Miller partner Linda S. Akchin represented Graphic Packaging International in its initial trial and appeal.

Since 1948, Louisiana’s General Sales Tax Law has provided an incentive to the manufacturing industry in the form of an exclusion from tax for materials purchased for further processing into tangible personal property for sale at retail. Undoubtedly, this…

The Louisiana Business Corporation Act (“LBCA”) became effective on January 1, 2015.  The changes to Louisiana corporation law embodied in the LBCA are extensive, especially in the areas of dissolution and termination of a corporation.

Simplified Termination

The LBCA allows corporations to terminate by simplified articles of termination if the corporation:  (1) does not owe…

The recent downturn in energy prices has given consumers a welcomed break at the gasoline pump. The people producing the energy, however, from landowners, to oil companies, to oil field service providers, have felt the full negative effects of the steep price decline. Those producers are seeing price pressure at every turn, reducing their net…

President Obama’s centerpiece of his climate policy agenda, the “Clean Power Plan,” has become one of the most heavily litigated environmental regulations ever. Twenty-seven states and numerous industry groups have filed more than fifteen separate lawsuits challenging the Environmental Protection Agency’s (“EPA”) statutory authority to promulgate the regulations.   Seventeen states, the District of Columbia, the…