On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working interest owner defendants
Proper Form and Content of a Louisiana Private Works Act Lien
By the Kean Miller Construction Team
Louisiana’s Private Works Act [1] allows an unpaid contractor, subcontractor, or material supplier to file a “statement of claim or privilege” (i.e., lien) upon the property improved by their work or materials. A properly filed lien in the amount of the unpaid balance can then form the
Attention Louisiana Physicians: State Board of Medical Examiners Issues Final Rules on the Complaint and Investigation Process
On December 20, 2015, the Louisiana State Board of Medical Examiners’ (“LSBME”) published in the Louisiana Register the final rules for processing complaints against physicians and investigations regarding the practice of medicine. The new rules are contained in Chapter 97 of LAC 46:XLV and are a result of Act 441 of the 2015 Legislative session,
Happy New Year! ACA Reporting Deadlines Extended
On December 28, 2015, the IRS announced an automatic extension of the Affordable Care Act reporting deadlines for distributing and/or filing the 1094-B/1095-B and 1094-C/1095-C forms. This relief only applies for the 2015 calendar year.
For employers who were considered applicable large employer members (“ALE members”) in 2015, the new deadline for furnishing your full-time
Amendments to Federal Rules of Civil Procedure Rein in Scope of Federal Discovery
On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect in an effort to rein in the scope of federal discovery. Several changes were made to Federal Rule 26 with the goal of reducing the substantial expense and unfairness of overbroad discovery.
Former Rule 26(b)(1) provided that:
Parties may obtain discovery
Business Briefing Seminar Focuses on Tips for Purchasing Distressed Companies
Kean Miller partners Linda Perez Clark and Eric Lockridge will present our final Business Briefing Breakfast of 2015 on Friday, November 20th at Juban’s Restaurant in Baton Rouge. Linda and Eric will provide tips and techniques for purchasing distressed businesses. There is no fee to attend, and one hour of CPE credit is available. RSVP
Legal Considerations for Cell Tower Leasing and Servitude Sales in Louisiana
As an attorney who owns properties covered by a cell tower lease, and who represents landowners in leases and servitude agreements with cell tower companies and cell tower consolidators, I have noticed increased interest in new leases, lease extensions and buyouts. While the financial terms of agreements covering cell towers are important, the effect on
Recent Developments Regarding the Business Utilities Tax Payments and Taxpayer’s Rights to Protest
As is now widely known, the Louisiana Legislature has adopted HCR No. 8, which purports to suspend the sales tax exemptions business utilities effective July 1, 2015. On July 1, 2015, the Louisiana Chemical Association (“LCA”) filed a declaratory judgment proceeding attacking the validity of HCR No. 8. The Legislature and the Louisiana Department of
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure.
Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more timely.
Regardless of its potential benefits, one fact remains absolute
Louisiana Business Corporation Act (LBCA) Replaces Louisiana Business Corporation Law
Effective January 1, 2015, the Louisiana Business Corporation Law was replaced in its entirety by the new Louisiana Business Corporation Act (LBCA). Here are some of the highlights of the changes effected by the LBCA:
- New Remedy for Oppressed Shareholders – Buyout. If a corporation engages in oppression of a shareholder, the shareholder may withdraw