Hurricane Katrina

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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.
Continue Reading Insurance Claims After Hurricane Katrina

Kean Miller Hawthorne D’Armond McCowan & Jarman (Kean Miller) donated $10,000 today to help fund the initial development of the United Way Command Center in Baton Rouge, Louisiana. The United Way Command Center has been established to efficiently and effectively meet the human service needs of Hurricane Katrina victims in the 10 parishes served by Capital Area United Way (CAUW).
Continue Reading Kean Miller Funds United Way Command Center

Heroic efforts are underway to rescue, house, and comfort hundreds of thousands of people affected by the aftermath of Hurricane Katrina. As our thoughts turn toward rebuilding and renewal, we can only wonder what the future holds for the city of New Orleans.

To that end, Dr. George Friedman, Chairman of Stratfor, the world’s largest privately held intelligence company, recently authored a thought-provoking article on the rebuilding of New Orleans as it relates to the national — and global — economy. Read the article.
Continue Reading Rebuilding New Orleans

On September 2nd, officials with the Fifth United States Circuit Court of Appeals in New Orleans decided to temporarily move the court to Houston, Texas. The Fifth Circuit hears federal appeals from Texas, Mississippi and Louisiana and was housed in the John Minor Wisdom Courthouse in New Orleans.

The court is expected to begin operations in Houston on September 14 and remain there for approximately 60 days before relocating to Baton Rouge, Louisiana according to news reports quoting Chief Judge Carolyn King.
Continue Reading Fifth Circuit Court of Appeals Moves to Houston

To our friends, clients and colleagues —

We deeply appreciate all of the calls, e-mails and concern expressed by our clients, contacts and friends in the aftermath of Hurricane Katrina. Because our headquarters are in Baton Rouge, we were spared the brunt of the damage and devastation being experienced by our friends in New Orleans and on the Gulf Coast. Thankfully, our Baton Rouge, Lake Charles, and Plaquemine offices were not affected.
Continue Reading MESSAGE TO CLIENTS, CONTACTS AND FRIENDS CONCERNING HURRICANE KATRINA

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.”

Today the Louisiana Department of Environmental Quality issued an emergency order effective for 60 days that suspends or modifies existing environmental requirements in many areas in order to facilitate response to Hurricane Katrina. The order applies in 25 parishes in the New Orleans to Baton Rouge area. Among the provisions are those waiving 24 hour…

La. R.S. 47:315.1 permits the owner of personal property destroyed by a natural disaster (i.e., one declared by the President to warrant federal assistance) to obtain a sales tax refund under certain circumstances. According to the Louisiana Department of Revenue (http://www.rev.state.la.us/forms/taxforms/1362I(10_02).pdf), a claim can be made for “taxes paid on movables such as clothing, boats, appliances, furniture, etc.,” but not fixed items such as carpeting, cooling systems, etc. You should read the referenced link for more information.

Persons suffering movable property losses must file a claim with the Department using Form 1362 (Natural Disaster Claim for Refund of State Sales Taxes Paid), Form R-1362I (Natural Disaster Claim for Refund – General Information), Form R-1362S (Natural Disaster Claim for Refund – Schedule), and Form R1363 (Refund of State Sales Taxes Paid on Titled Assets). The forms are available from the Department’s website at www.rev.state.la.us under “Tax Forms” and the sub-heading “Sales Tax.”

The full text of the statute follows:
Continue Reading Sales Tax Refund for Personal Property Destroyed By Natural Disaster