Louisiana Supreme Court

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

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

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

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

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

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By Linda Akchin and Chris Dicharry

INTRODUCTION

Louisiana law imposes a sales tax on “sales at retail.”  “Sale at retail” is defined in the sales tax law, and the definition provides that the term does not include “sales of materials for further processing into tangible personal property for sale at retail.”    This provision is commonly

Cargo ship in the harbor at night

By Tod Everage

The application of the collateral source rule is a common dispute in personal injury litigation because it affects the amount of recoverable damages in the case. When it applies, the defendant is potentially on the hook for a higher amount of past medical expenses, typically, the amount invoiced by the medical providers.

Concept of construction and design. 3d render of blueprints and designer tools on the panorama of construction site.

By Jessica Engler

On May 3, 2016, the Louisiana Supreme Court held that the notice and recordation requirements of the Louisiana Public Works Act do not bar a suit on contract by a subcontractor against the general contractor’s surety. The Court’s opinion is nuanced, and dependent on the meaning and word choice of certain terms

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By Gibbons Addison

On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working

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By David K. Nelson*

Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure.

Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more timely.

Regardless of its potential benefits,