The Louisiana Fourth Circuit, in a decision sure to be appealed, recently upheld a lower court’s award of compensatory damages – and reduced the lower court’s punitive damage award – as a result of the defendants’ alleged contamination of the plaintiffs’ land with naturally occurring radioactive material (NORM). Grefer, et al. v. Alpha Technical, et al., 2002-CA-1237 (La. App. 4th Cir. 3/31/05); appeal from, Civil District Court, Orleans Parish. Continue Reading Fourth Circuit Upholds Lower Court’s Award of Compensatory Damages, Reduces Punitive Damage Award in Property Restoration Case

It is a situation we see repeated all too often. A successful small business owner is considering a major expansion – either by franchising or by opening more company-owned offices. The business has many of the key ingredients for success. However, as we investigate the trademarks of the business, we learn of potential problems. Continue Reading Mr. Mirliton’s – A Recipe for a Dangerous Mix of Trademarks and Copyrights

If you currently employ minors (individuals under the age of 18) in your work place, or are considering doing so this summer, you should take note of some recent changes regarding employment of minors under Louisiana law. Continue Reading Summer Employees? Take Note of Recent Changes to Louisiana Law on Employment of Minors

Parties often use a confidentiality agreement to protect against disclosure of trade secrets. Even without a confidentiality agreement, persons are prohibited from misappropriating other’s trade secrets under Louisiana law. But how much protection does a confidentiality agreement or Louisiana law really afford? Continue Reading Understanding The Limits of Trade Secrets and Confidentiality Agreements

The Lanham Act was passed in 1946 pursuant to Congress’ power to regulate commerce. Section 43 of the Act prohibits false and misleading advertising, stating that “any person who uses in commerce any false or misleading description of fact, or false or misleading representation of fact, which . . . in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such an act.” This section of the Act was at the center of a recent Listerine ad campaign. Continue Reading To Floss or Not to Floss: Mouthwash Ad Campaign Raises Lanham Act Issues

From the uniformly excellent Harris DeVille & Associates newsletter, “HDA Issues,” comes an alert that the Louisiana legislature has leapt into action to “fix” the startling Louisiana Supreme Court decision, Willis-Knighton Medical Center v. Caddo-Shreveport Sales & Use Tax Commission, 2004-C-0473, 4/1/05). There is an earlier post on the Louisiana Law Blog discussing the decision. Essentially, the majority decided that “component parts” of an immovable – i.e., those things that become part of the immovable — are no longer gauged by “societal expectations,” but by the degree of damage caused by their removal. The Louisiana legislature is on the case. Continue Reading A Short-Lived Judicial Precedent? Louisiana Legislature Acts to Un-do the Willis-Knighton Decision

Environmental managers are not often popular with company CFO’s as more often than not, their proposed projects to install pollution control measures involve large expenditures with little prospect of cost-recovery. However, a review of various state decisions on what constitutes “pollution-control” may enable the thrifty EHS manager to soften the blow with creative mechanisms such as pollution control tax credits. Continue Reading Pollution Control Tax Credits – “A Penny Saved is a Penny Earned”

For several years now, some landowners have been suing oil and gas operators concerning the condition of the land subject to a mineral lease. One Louisiana court recently struggled with the issue of when a landowner/lessor can sue a lessee under a mineral lease to remediate the property. Continue Reading Court Wrestles With Oilfield Operator Obligations During Ongoing Operations

The Louisiana Department of Environmental Quality (DEQ) began a pilot program for Expedited Penalty Agreements in mid-2004 which is continuing until June 10, 2005, and may be renewed. This pilot program establishes fixed penalty amounts for common environmental violations of minor to moderate significance – for instance, failure to report RQ releases, late submittal of air and water reports, missed sampling events, sanitary sewer system problems, UST requirements, waste oil requirements and the like. Continue Reading Effective Use of DEQ Expedited Penalty Agreements Saves Money

Put this in the category of – “What’s in a name?” Or “A rose by any other name would smell as sweet.” An issue which arises often in the employment area is the significance of a title given to an employee or to a job. The question arises when an employer enters into a contract with someone characterized as an “independent contractor,” or the employer gives a job/position a title such as “salaried administrative.” Simply put, you cannot change the nature of an employment relationship by naming a position or entering into a contract. Continue Reading What’s in a Name? – Significance of Employee Titles