A plaintiff’s decision to quit her job is within her discretion. But the Supreme Court, in Pennsylvania State Police v. Suders, 124 S.Ct. 2342 (2004), determined that a plaintiff who quits her job after being sexually harassed by her supervisor may be able to benefit in her lawsuit from her unilateral decision. Continue Reading Constructive Discharge May Be Considered “Tangible Employment Action” in Supervisor-Harassment Cases

Those with the temerity to tackle the forbidding labyrinth of Louisiana class action law — and the foresight to gauge the daunting nature of the task ahead — may wish to consult the eminently useful Practical Digest of Louisiana Class Action Decisions, compiled by the Honorable Thomas F. Daley, Louisiana Fifth Circuit Court of Appeal, Gerald E. Meunier, of Gainsburgh Benjamin David Meunier & Warshauer, and Kean Miller’s own Charles S. McCowan, Jr. The editors have compiled and organized a formidable array of excerpts from the most recent Louisiana Supreme Court and appellate court decisions, organized by topic. Of course, class action litigation defies neat categorization and predictability, and courts all too often resort to nostrums in lieu of hard analysis. However, whatever your class action issue, you are likely to find a quote or two “on point,” and a wealth of cases to dig into for enlightenment. Resting serenely amidst the turgid prose on adequate representation, typicality, and predominance are some nifty deep South-themed photographs. Look for quiet touches of ironic humor in the juxtaposition of pictures and nearby text. Very quiet touches.

Here is a link to the digest in pdf format.

In Jefferson City, Missouri, three people were killed by a plant worker at a manufacturing plant in 2003. In March 1998, four state lottery executives were killed by a Connecticut lottery accountant. In 1986, a part-time letter carrier facing dismissal walked into the post office where he worked and shot 14 people to death before killing himself. What are these event examples of? Continue Reading Recognizing a Duty to Prevent Workplace Violence

In November 2003, the United States joined many other countries in signing a treaty called the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Protocol”). The United States Patent and Trademark Office (“PTO”) has just recently created forms and procedures to implement the Protocol in the United States. The Madrid Protocol is designed to provide a more efficient method for an owner of a trademark to register its trademark in a number of foreign countries. Continue Reading Obtaining International Trademark Protection and the Madrid Protocol

Most employer discrimination, harassment or retaliation policies contain a clause that requires an employee who believes that he is being discriminated, harassed or retaliated against to report the incident to his immediate supervisor and/or an upper level manager, including a human resource representative. But do these managers and supervisors know what to do when an employee complains to them about such conduct? Continue Reading Employers Must Remind Managers to Properly Respond to Internal Complaints

The 5 parish area around Baton Rouge (EBR, WBR, Ascension, Iberville and Livingston) is now subject to a new 8-hour ozone standard. The area is classified as being in “marginal” nonattainment [on a scale of marginal, moderate, serious, severe, and extreme] – so that is pretty good – it means we are close to being in attainment. For those of you in the Lake Charles area and New Orleans area – read this too. You are not out of the woods as your areas are barely in attainment and could go into nonattainment if we have a particularly hot year. Continue Reading Only You Can Achieve Ozone Attainment

The Louisiana Legislature has passed legislation designed to undo the Willis-Knighton decision (i.e. the Louisiana Supreme Court case which abolished the “societal expectations” test, thereby strongly suggesting that doors and toilets, for example, are movable). The bill will not be law until the delays for the governor to veto it have passed.

Here’s a link to the text of the enrolled bill as adopted. Senate Bill 196.

In-house counsel who are employed in Louisiana but are not licensed to practice law here have until July 1, 2005 to file an application for limited licensure to practice under the Louisiana Supreme Court’s new In-House Counsel Rule. Continue Reading Louisiana In-House Counsel Rule Deadline Approaching

On Friday, June 10, 2005, the Louisiana Department of Environmental Quality (LDEQ) enacted an Emergency Rule to adopt the 8-hour primary and secondary National Ambient Air Quality Standards for ozone and to revoke the 1-hour standards (both primary and secondary standards). The rule also establishes special Nonattainment New Source Review provisions for the 5-Parish Baton Rouge Nonattainment Area (Ascension, East Baton Rouge, Iberville, Livingston and West Baton Rouge Parishes). The rule becomes effective on June 15, 2005, the same date that the federal 1-hour ozone NAAQS are revoked. Continue Reading Louisiana Department of Environmental Quality Adopts Emergency Rule for Baton Rouge Nonattainment Area