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 in the Louisiana
The Louisiana Supreme Court Issues Strong Guidance about Manifest Error Standard: Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC
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 interest owner defendants
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
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, one fact remains absolute
Louisiana Rejects Negligent Spoliation of Evidence as a Tort Claim
The Louisiana Supreme Court recently determined that there is no tort liability for negligent spoliation of evidence. “Regardless of any alleged source of the duty, whether general or specific, public policy in our state precludes the existence of a duty to preserve evidence. Thus, there is no tort.” Reynolds v. Bordelon, No. 2014-2362, —
Kean Miller, United Policyholders Secure Victory for Insureds at the Louisiana Supreme Court in Kelly v. State Farm
On May 5, 2015, in Kelly v. State Farm Fire & Cas. Co., 14-1921 (La. 5/5/15); 2015 WL 2082540, the Louisiana Supreme Court, in response to certified questions from the U.S. Fifth Circuit Court of Appeal, issued a unanimous decision reaffirming and clarifying the duties owed by insurers to their insureds. The Kelly Court
Update: Punitive Damages – “One Bite of the Apple” or Exception to Res Judicata
As previously reported, the Louisiana Supreme Court heard oral argument in Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., regarding the dispute as to whether claims for punitive damages are barred by res judicata. The court recently issued opinions in these cases.
To recap, a
Punitive Damages: “One Bite of the Apple” or Exception to Res Judicata
The Louisiana Supreme Court recently heard oral argument in two cases, Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., both involving a plaintiff’s damages for potential exposure to naturally occurring radioactive material (NORM). This is the second lawsuit for both plaintiffs against the same defendant, for the
Louisiana Supreme Court Holds Terms and Conditions Binding Due to Course of Conduct and Forum Selection Clauses are not per se Violative of Public Policy
The use of standard form terms and conditions, without a signed contract, often leads to disputes over whether the parties actually agreed to be bound by such terms and conditions, as was the case in Shelter Mutual Insurance Co. v. Rimkus Consulting Group, Inc. of Louisiana, et al., 2013-1977 (La. 7/1/14). In that case,