Someone once observed that most car accidents occur within 10 blocks of the driver’s home. We see a analogous trend in Intellectual Property “crimes” – i.e. infringement of patents, trademarks, or copyrights; or misappropriation of a trade secret. Intellectual Property (IP) disputes between two parties that are strangers to one another are the exception, not the rule. Continue Reading Intellectual Property Disputes

Several recent developments concerning the Spill Prevention, Control, and Countermeasure (SPCC) regulations occurred in December 2005 that may have a major impact on Louisiana facilities. First, the EPA released the long awaited SPCC “Guidance for Regional Inspectors.” The Guidance is intended to assist regional inspectors in reviewing a facility’s implementation of the rule, but will also be beneficial for regulated facilities in determining how particular provisions of the rule may be applied. Continue Reading EPA Releases Guidance Document and Proposed Amendments to Spill Prevention, Control, and Countermeasure Rules

Reproduced with permission from Toxics Law Reporter, Vol. 20, No. 47, pp. 1067-1069 (Dec 8, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com In the wake of two hurricanes, many Louisiana industries, businesses, and citizens are left with a monumental task of cleaning up the damages caused by the storms. Many Louisianians also face the somewhat unknown future of what potential liability lies ahead under various environmental statutes and programs. After the storms, the State of Louisiana and the federal government temporarily eased many requirements under various environmental regulatory programs so that immediate actions could be taken to preserve property and protect lives. Significant questions remain, however, as to how these agencies are going to use their enforcement discretion in the future with respect to events that occurred during and after the storms. Continue Reading The “Act of God” Defense Under Select Environmental Programs Applicable in Louisiana

Very often, contracts prohibit assignment without the other party’s consent. If you think you might ever want to assign a contract (bearing in mind that a merger or sale of the business can trigger assignment), then this kind of provision should generally be modified by adding that the other party’s consent cannot be unreasonably withheld, conditioned or delayed. Continue Reading Withholding Consent to Assignment – What is Reasonable?

Insureds have the burden of first establishing insurance coverage. Typically, that involves providing evidence of damage occurring during the policy period resulting from an accident. Hurricane Katrina and its consequences should easily meet these requirements. Once the insured establishes facts that would provide coverage, the insurers must show that a policy exclusion precludes coverage. In some instances, the insurers can rely solely on the policy language, but in other instances, the insurers may have to marshal facts that support one or more exclusionary provisions. Continue Reading Potential Katrina Coverage Arguments

Reproduced with permission from Class Action Action Litigation Report, Vol. 6, No. 21, pp. 795-797 (Nov 11, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com The damages caused by Hurricane Katrina in Louisiana, Mississippi, and Alabama constitute the largest natural disaster in U.S. history. Hurricane Katrina’s impact on insurers and their policyholders have already set in motion what will probably be one of the largest legal and public policy storms to hit the United States in modern times. Nowhere will the storm be more evident than in disputes involving wind and water damage coverage. The eye of the coverage storm is already manifesting itself in coastal areas of Louisiana, Mississippi, and Alabama. Continue Reading Wind Versus Flood Coverage and Hurricane Katrina

Reproduced with permission from Class Action Action Litigation Report, Vol. 6, No. 21, pp. 793-795 (Nov 11, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com Katrina has already spawned a hurricane of lawsuits. These suits include: suits by individuals who claim they were injured by hazardous substances that leaked from storage facilities, refineries, or pipeline facilities; suits by individuals who claim that oilfield production and pipeline activities caused wetland damage that exacerbated the effects of hurricane Katrina; and suits by individuals who claim faulty levees caused the widespread flooding that followed in the days after Katrina made landfall. All of these suits have a common thread: each will require the courts to determine whether the damages sued upon resulted from nature’s fury or human blunder. Louisiana, like many other states, recognizes the general principle that an “act of God” can be a complete defense to liability for negligence and strict liability claims. Louisiana courts have generally used a consistent definition of the term “act of God,” but the application of that definition in the context of a specific event has not always been consistent or clear, particularly when the issue of contributing human fault is at play. Continue Reading Nature’s Fury or Human Blunder? The ‘Act of God Defense’ in Louisiana

Writ applications have been filed with the Louisiana Supreme Court in two oilfield pollution cases that have the potential to dramatically impact the scope of the numerous legacy lawsuits currently pending throughout the state. Continue Reading Oilfield Pollution Litigation Update

Kean Miller has contributed $20,000 to The Baton Rouge Area Foundation and its Hurricane Katrina Displaced Residents Fund. “Baton Rouge is our home. We work here, we live here, and we have been fortunate to work in partnership with The Baton Rouge Area Foundation for over 20 years,” said Gary A. Bezet, Managing Partner of the 106-lawyer firm. Continue Reading Kean Miller Announces Contribution to Hurricane Katrina Displaced Residents Fund