On October 17, the Kean Miller Diversity Task Force will present the "Louisiana Diversity Forum" at the Hilton Capitol House Hotel in Baton Rouge. This full-day event will offer a platform for distinguished guest speakers to provide insight and ideas on diversity-related topics.

Speakers will include:

  • Patricia Richards, Manager of Supplier Diversity, Shell Oil Company
  • Andrea Benjamin, Compliance and Diversity Manager, The Shaw Group, Inc.
  • Kwame Satchell, Counsel, Chevron Corporation
  • Leah Raby, Executive Assistant/Investigator, Louisiana Commission on Human Rights
  • Jim Sacher, Regional Attorney, EEOC
  • Professor Bill Corbett, LSU Law Center
  • Professor Russell Jones, Southern University Law Center
  • Carlos Thomas, Diversity Recruiter, LSU Center of Internal Auditing
  • Christine Varney and Danielle Dicharry, ICE
  • Stephen Moret, President and CEO, Baton Rouge Area Chamber

The Louisiana Diversity Forum, including the networking luncheon, is free of charge and is sure to provide concrete ideas and actions that will help you put diversity to work for your businesses.

For more details click here.

On August 22, 2007, the Louisiana First Circuit Court of Appeal rendered a decision – In the Matter of Waste Management of Louisiana, L.L.C. (Docket No. 2006 CA 1011) – that may affect the Louisiana Department of Environmental Quality’s approval of previous pollution control projects under PSD/NNSR provisions. Appellants LEAN and Concerned Citizens of Livingston Parish asked the court to reverse the lower court’s affirmation of LDEQ’s issuance of a Title V air permit issued to Woodside Landfill in 2004. In 2003, LDEQ exempted from PSD review a pollution control project to install a gas collection and control system and bioremediation area at the landfill. The later-issued Title V permit included conditions for the flare that was installed as part of the project. It is unclear from the facts stated in the opinion whether the original 2003 authorization-to-construct the project or the 2004 permit also authorized an expansion of the landfill. EPA issued a letter of no objection to the Title V permit.

Continue Reading First Circuit Decision to Potentially Affect Air Permitting in Louisiana

On January 24, 2006, the U.S. Food and Drug Administration (FDA) issued a Final Rule entitled Requirements on Content and Format of Labeling for Human Prescription Drug and Biological Products, 71 Fed. Reg. 3922 (Jan. 24, 2006). In the now-famous preamble to that Final Rule, the FDA stated its view that “… under existing preemption principles, FDA approval of labeling under the act, whether it be in the old or new format, preempts conflicting or contrary State law.”   The preamble contains a detailed explanation of why the FDA believes that allowing certain state tort law claims for failure to warn would conflict with and stand as an obstacle to achievement of the full objectives and purposes of Federal labeling requirements for pharmaceutical and biologic products.   The FDA explains that it makes labeling decisions based on “a comprehensive scientific evaluation of the products’s risks and benefits under the conditions of the use prescribed, recommended, or suggested in the labeling.”   The FDA further explains:

Continue Reading Vioxx Multidistrict Litigation Court Refuses to Give Deference to FDA’s Preemption Preamble

Earlier this year, I wrote an article regarding the Office of Inspector General’s (“OIG”) December 2006 review of Louisiana’s Medical Assistance Programs Integrity Law (“MAPIL”). At that time, the OIG had determined that MAPIL did not meet the requirements outlined in Section 6031 of the Deficit Reduction Act of 2005 (“DRA”) and, therefore, Louisiana was not entitled to the financial incentives outlined in the DRA. In my January 2007 article, I mentioned that it was likely Louisiana would amend MAPIL to comply with the DRA requirements. It now appears that the legislature has attempted to do just that.

Continue Reading Louisiana Revises Its State False Claims Act in Light of OIG Review

On July 27, 2007, the United States Fifth Circuit Court of Appeals issued Taylor v. Bigelow Management, Inc., et al., 2007 WL 2164282 (5th Cir. 2007), an opinion that should serve as a reminder to employers that pregnancy discrimination is illegal under Title VII of the Civil Rights Act of 1964. In Taylor, the Fifth Circuit affirmed a district court jury trial in which the jury found that an employer was liable for pregnancy discrimination and awarded the plaintiff court costs plus approximately $10,000 for back pay and mental anguish and $50,000 in punitive damages.

Continue Reading United States Fifth Circuit Court of Appeals Issues Opinion Reminding Employers That Pregnancy Discrimination Is Illegal

On July 19, 2007, the Fifth Circuit Court of Appeals affirmed the ruling of the U.S. District Court for the Eastern District of Louisiana denying class certification to three plaintiffs seeking to represent a class of uninsured patients who had received treatment from Ochsner Clinic Foundation. Maldonado v. Ochsner Clinic Found., No. 06-30573 (5th Cir. July 19, 2007).  The plaintiffs filed a lawsuit against Ochsner Clinic Foundation, a non-profit corporation, on behalf of themselves and all others similarly situated uninsured patients. The plaintiffs claimed that Ochsner billed uninsured patients higher rates for their care according to Ochsner’s internal “chargemaster” rates, while offering lower discounted rates to patients with private insurance, Medicare or Medicaid.

Continue Reading Uninsured Patients Lose Appeal to Fifth Circuit for Class Certification

It is important for employers covered by the National Labor Relations Act (“NLRA” or “Act”) to remember the impact which the Act can have on employment policies and rules – including, but not limited to, policies and rules in connection with confidentiality. This article is not intended to provide an exhaustive review of this area. Instead, it will merely refer to portions of the recent decision in Cintas Corporation v. National Labor Relations Board, 482 F.3d 463 (D.C. Cir. 2007) which “involve[d] an allegation that the confidentiality rule of [an employer] violated provisions” of the NLRA. Id. at 464.

Continue Reading Do You Remember the Impact the National Labor Relations Act Can Have on Employment Policies and Rules?

Many businesses have come to realize the value of having a document retention/ destruction policy as part of their regular operations. A policy that is well planned and consistently followed will help a business increase its efficiency, reduce its document storage costs, and protect itself from allegations that particular documents were destroyed because the company did not want them to become public in litigation.

Continue Reading The Document Retention Policy – An Important Part of Your Business’s Operations

In IRS News Release 2007-134 issued on July 31, 2007, the Internal Revenue Service has granted an additional year to the time limit for victims of Hurricanes Katrina, Rita and Wilma to sell the vacant land upon which their home had sat and was destroyed as a result of the hurricanes.

Continue Reading Victims of 2005 Hurricanes Get Additional Year to Sell Vacant Land

In June, we reported that a three judge panel of the District of Columbia Court of Appeal had issued a decision in NRDC v. EPA, Docket 04-1385, to vacate both the Commercial and Industrial Solid Waste Incineration (“CISWI”) Unit Rule and the National Emission Standard for Hazardous Air Pollutants Rule for Industrial, Commercial, and Institutional Boilers and Process Heaters (the “Boiler MACT”).  That report indicated that the court’s decision could be stayed by a timely request for hearing or a stay order.

Continue Reading Boiler MACT, Now It’s Gone!