Since the U.S. Supreme Court’s ruling on the availability of maritime punitive damages claims in Atlantic Sounding v. Townsend, 557 U.S. 404 (2009), maritime plaintiffs have fought tirelessly to see where else they can carve out from under the Jones Act’s prohibition from punitive damages. Recall that in Townsend, the Supreme Court recognized
Choice-of-law provisions can be simple, single-sentence contract clauses that provide some certainty to disputes that may arise out of a contractual relationship. One such way that these clauses enhance the predictability of disputes is by limiting the remedies available to the parties to the contract to those available under the chosen law. This can be
On December 4, 2015, the United States Supreme Court granted a Petition for a Writ of Certiorari in Universal Health Services, Inc. v. United States and Commonwealth of Massachusetts ex rel. Julio Escobar and Carmen Correa. The Petition was filed by Universal Health Services, Inc. (“UHS”) challenging the United States Court of Appeals for the
It’s not yet Halloween, but employers may have cause to be afraid.
Last week, Sen. Patty Murray (D-Wash.) and Rep. Bobby Scott (D-Va.) introduced the “Workplace Action for a Growing Economy Act” (“WAGE Act”) to amend the National Labor Relations Act. According to a fact sheet published about the Act, the WAGE Act aims to
A recent CNN article highlights the need for employers to consider employees’ religious accommodation requests. Charee Stanley is a Muslim and a flight attendant for ExpressJet Airlines. As a Muslim, Stanley is prohibited from both drinking alcoholic beverages and serving alcoholic beverages, including serving passengers on flights while working as a flight attendant. At her
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
The Louisiana Legislature added a new chapter to our Trust Code in 2015 entitled: “Trust for the Care and Benefit of an Animal” (click here). The statute is new and is modeled on similar provisions in the Uniform Trust Code and the Uniform Probate Code.
Under the new law, a person may designate
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, —
Each year, as the calendar changes, the tax collecting divisions of political subdivisions (Parish, City, etc.) gear up for the increased workload that comes along with preparing for tax sales. In the State of Louisiana, owners of immovable property (real estate) are required to pay property taxes to the parish and/or the city. In certain
Effective July 1, 2015, the net operating loss carryback (NOL) will be eliminated and the carryover will be limited to 72% of the carryover. La. Acts 2015, No. ___( HB No. 624 (Rep. Jackson) amending La. R.S. 47:287.86) and La. Acts 2015, No. ____(HB No. 218 (Rep. Broadwater) amending La. R.S. 47:287.86).
Under the bills,