In a decision holding that surety bonds are not executory contracts, the Fifth Circuit signaled that courts may in the future utilize the functional approach to determine if multiparty contracts are executory in nature. The case, filed in the United States Bankruptcy Court for the Middle District of Louisiana as In re Falcon V, L.L.C.
Middle District of Louisiana
Louisiana Court Closures and Updates in Accordance with COVID-19
By Kean Miller on
Posted in COVID-19, Louisiana in General
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…
Don’t Throw Out Your Old Construction MSA Just Yet – LA Middle District Holds That the Date of the MSA Controls (Not the Date of the Work Order) For Purposes of Applying the Louisiana Construction Anti-Indemnity Act
By Matthew Meiners on
Posted in Business and Corporate, Construction Law
The Louisiana Construction Anti-Indemnity Act (La. R.S. 9:2780.1) generally renders null, void and unenforceable any provision in a construction contract (defined broadly to include design, construction, alteration, renovation, repair, and maintenance) which either:
(1) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the indemnitee against the…
U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding
By Kean Miller on
Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana. The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, 2016 due to historic…