The Louisiana Supreme Court answered the question of when general damages are recoverable for mental anguish by tort plaintiffs who suffer no physical injury in Spencer v. Valero Refining Meraux, LLC. In this action which involved the claims of four plaintiffs, an accident, fire, and explosion occurred at the Valero refinery in Meraux, Louisiana
Louisiana Supreme Court Debunks Voluntary Pay Doctrine
In Leisure Recreation & Entertainment, Inc. v. First Guaranty Bank, the Louisiana Supreme Court found the voluntary pay doctrine to be in direct conflict with the Civil Code. In this action, the borrower was to make payments with interest accruing at 6.5% for years one through five of the loan, 7.5% in years six
Proof of Delivery Now Required for Your Time-sensitive Pleadings
The Louisiana Supreme Court recently interpreted the fax-filing statute to require “delivery” of an original pleading to the clerk within seven days after the fax filing. If the pleading is to be given the fax-filing date, you must now “deliver” the original and the fee to the clerk before the seven-day deadline. And you’re expected
Louisiana Supreme Court Holds Adopted Children Have Right of Action for Death of Biological Family Members
The Supreme Court of Louisiana’s recent decision in Rismiller v. Gemini Ins. Co., 2020-0313 (La. 12/11/20), will impact all stages of civil litigation. In Rismiller, the Court held that, like biological and adopted children, children who have been given in adoption fall within the enumerated class of beneficiaries who may bring a wrongful
Kean Miller Wins Major Property Tax Case at Louisiana Supreme Court
On October 20, 2020, the Louisiana Supreme Court issued a major decision in an ad valorem (property) tax case involving oil and gas wells. D90 Energy, LLC v. Jefferson Davis Parish Board of Review, 2020-C-200 (La. 10/20/2020).
D90 Energy, an independent oil and gas operator, purchased from Goldking two gas wells and one salt-water
Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the
Jones Act Vessel Status Update: The Louisiana Supreme Court Finds Riverboat Casino is not a Vessel in Navigation
Although the riverboat casino Grand Palais was originally designed to transport people over water, and did so until 2001, and is theoretically capable of navigation, the Louisiana Supreme Court has determined that it is no longer a vessel in navigation. Don Caldwell v. St. Charles Gaming Co., 2019-1238 (La. 1/29/20), So.3d _____. The Court’s
Kean Miller’s Insurance Recovery Team Helps Secure a Big Win for Louisiana Insureds at the Louisiana Supreme Court
On October 22, 2019, the Louisiana Supreme Court issued its opinion in the Smith v. Citadel Insurance case. Kean Miller’s Insurance Recovery Team assisted several amici in presenting arguments to the Court in the case.
In Smith, the Louisiana Supreme Court held that an insured’s bad faith claims against its insurer are governed by
Louisiana First Circuit Declines to Supply Right of Publicity to Barry Seal Succession
On June 21, 2018, the Louisiana First Circuit Court of Appeals addressed the right of publicity and right of privacy in connection with Barry Seal (“Seal”) and the movie titled “American Made”. In 2014, Universal City Studios, LLC (“Universal”) entered an agreement to purchase the life story of Barry Seal from his surviving spouse and
Forest Oil: Texas Supreme Court Rejects Exclusive Jurisdiction of the Texas Railroad Commission over Oilfield Contamination Claims
The Texas Supreme Court recently handed down a decision in Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 14-0979, 2017 WL 1541086 (Tex. Apr. 28, 2017), that at first glance, is reminiscent of the landmark Louisiana legacy cases Corbello and Magnolia Coal. Forest Oil, like Corbello, supports the