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.
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Business Litigation
Wind Versus Flood Coverage and Hurricane Katrina
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.
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Insurance Coverage for Defective Workmanship
By Trippe Hawthorne on
A recent case out of Louisiana could be big news for general contractors, owners, and insurers. Louisiana’s Second Circuit Court of Appeals agreed with a lower court’s opinion that an upstream contractor was entitled to insurance coverage for the cost of repairing defective work performed by a subcontractor (Broadmoor Anderson v. National Union Fire Insurance of Louisiana).
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Insurance Claims After Hurricane Katrina
Hurricane Katrina will undoubtedly go down in history as the worst natural disaster to hit the United States. The current estimated cost to repair damage from Hurricane Katrina caused has reached $50.0 billion, much of which may be covered by insurance. Hurricane Katrina will have enormous impact on policyholders and their insurers in Louisiana, Mississippi, and Alabama. Policyholders will need to act carefully and in some cases promptly to protect their rights under insurance policies providing coverage for environmental claims, business interruption claims, property loss claims, and general liability claims.
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United States Eastern District Court Closes Until Further Notice
Per its website at http://www.laed.uscourts.gov, the United States District Court for the Eastern District of Louisiana has closed until further notice, and has suspended “all deadlines and delays in matters pending before this court…until ordered otherwise.”
Louisiana In-House Counsel Rule Deadline Approaching
By Kean Miller on
Posted in Business and Corporate, Business Litigation, Class Action, Constitutional Law, Environmental Litigation and Regulation, Health Law, Intellectual Property, Labor and Employment Law, Legacy Oilfield Sites, Louisiana in General, Products Liability, Real Estate, State and Local Taxation, Toxic Tort Litigation
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.
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Arbitration Agreements: Are They Binding in Louisiana?
By Todd Rossi on
Posted in Business Litigation
Louisiana courts typically enforce, and broadly construe, contract provisions mandating arbitration to resolve disputes. However, two recent Louisiana appellate court decisions show that arbitration agreements can be avoided.
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Commercial Litigation: Seven Practical Tips
By Sonny Chastain, Todd Rossi & Mark Mese on
Posted in Business Litigation
Business executives who face commercial lawsuits as plaintiffs or defendants understand the effect litigation has on a business. The following article addresses seven important issues that savvy business owners should be aware of – in the boardroom and in the courtroom – when it comes to commercial litigation.
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