Throw Me Something, Mister

Following a head injury that allegedly occurred as a result of a bag of beads being thrown during the 2012 Endymion Extravaganza, plaintiff filed suit against the Gentilly Carnival Club, Inc., d/b/a/ Krewe of Endymion (“Krewe”). After conducting discovery, the Krewe filed for summary judgment asserting, among other things, immunity under the Mardi Gras immunity statute, […]

Jindal Authorizes Design-Build Contracts for New Ferries on the Mississippi River and Certain Bridges

Louisiana law prohibits design-build contracts unless an exception is made by the legislature. The ban against design-build contracts stems from the thought that it gives too much power and money to a single firm, rather than having two or more firms design and build infrastructure projects separately. However, proponents point out that such contracts often […]

Louisiana Automobile Insurer Cannot Restrict the Definition of “Temporary Substitute Auto” in Its Policy

White’s vehicle was having mechanical problems, so he borrowed his mother’s vehicle and was involved in an accident. His mother’s insurer, State Farm, argued that a White’s insurer, Safeway, provided primary coverage pursuant to Louisiana law, which requires that policies extend primary coverage to rental vehicles and temporary substitute motor vehicles “as that term is defined […]

Air Conditioning is Not a Constitutional Right

Three death row inmates at the Louisiana State Penitentiary (“Angola”) recently filed suit against the Louisiana Department of Corrections and various officials, alleging that the lack of air conditioning on death row amounted to certain constitutional violations. The inmates argued that their health conditions are made worse by high temperatures, and that their being kept […]

Attorneys’ Fees Award Falls After Reversal of Injunctive Relief in Age Discrimination Case

The plaintiff lost his job due to a reduction-in-force and subsequently sued his former employer for age discrimination. A jury decided that, although the company had harbored some discriminatory motive, the plaintiff would have been fired anyway. The plaintiff filed a post-trial motion which, in part, sought declaratory and injunctive relief. As requested in the […]

Insurer Liable for Bad Faith Failure to Settle Absent Firm Settlement Offer

The U.S. Fifth Circuit Court of Appeals recently certified two questions to the Louisiana Supreme Court. Specifically, the federal court asked whether, under Louisiana law: 1. Can an insurer be found liable for bad-faith-failure-to-settle claim when the insurer never received a firm settlement offer? 2. Can an insurer be found liable for misrepresenting or failing […]

Louisiana State Legislature Passes HB 829, Capping Film Tax Credits but Encouraging Local Production

Louisiana’s successful film tax incentive program, previously unlimited, was capped by the Louisiana Legislature at a global annual amount of $180M For perspective, in 2014, the state awarded $226M to various production studios in tax credits. Additionally, while HB 829 lowers the spending threshold required to qualify for tax credits, it requires an independent auditing […]

“Dollar Bill” Permanently Disbarred

The Louisiana Supreme Court recently ordered that former Congressman William J. Jefferson be permanently disbarred from the practice of law in the State of Louisiana. Jefferson, who formerly represented Louisiana’s Second Congressional District, was indicted in 2007 in a Virginia federal court. He was subsequently convicted on eleven of sixteen counts in the indictment and […]

Watch out Colorado, Here Comes Louisiana

On May 27, 2015, the Louisiana House committee advanced a bill which would grant authority to state boards to establish a system for legal disbursement of medical marijuana. SB 143, which is sponsored by Sen. Fred Mills, R-New Iberia, passed in the House committee without exception and now only requires a vote by the full […]

Is the Corporate Veil as Strong as You Think?

Most members of a Louisiana Limited Liability Company (LLC) are familiar with the protections offered to them by what is endearingly known as the Corporate Veil. Pursuant to Louisiana Revised Statue 12:1320, as a member/manager of this particular formation, you are shielded from individual liability. However, under two very exceptional circumstances, the court will pierce […]