Insulin-Dependent Diabetics May Be Allowed to Drive Commercial Vehicles

With the trucking and transportation industry facing an ever-increasing driver shortage, the Federal Motor Carrier Safety Administration (FMCSA) issued a Notice of Proposed Rulemaking earlier this month, which would allow drivers with insulin-treated diabetes mellitius to be qualified to drive commercial motor vehicles. Previously, such individuals were medically disqualified unless they obtained an exemption. If […]

Tax Credit Reform Makes Its Way Through the Senate

In what was explained as an effort to find funding to fill Louisiana’s anticipated $1.6 billion dollar budget deficit, in February 2015 the Governor’s office presented a tax credit reform plan to the Joint Legislative Committee on the Budget. Several bills recently made it through the Senate Revenue and Fiscal Affairs Committee and are now […]

Smoking Ban Impact Uncertain

As bars across New Orleans implemented the city’s new smoking ban on April 22, 2015, it didn’t take long to see what impact that ban would have on local businesses. On May 5, 2015, state Sen. Ed Murray, D-New Orleans, introduced an amendment to Senate Bill 236 that would allow Harrah’s New Orleans casino to […]

Fantasy Sports in Louisiana

The growing popularity of fantasy sports has grown tremendously over the past decade and like all things in the internet age, its online presence has exploded as well. This has led to a burgeoning industry of online, daily fantasy sports’ sites that allow contestants to enter money pools by choosing a fantasy team of players […]

Service of Discovery on Only One Party Does Not Defeat Abandonment

Plaintiffs filed suit against several defendants and alleged a redhibitory defect with respect to a home they purchased. The suit was filed in 2008 and discovery depositions were performed in March 2010. Then, in December 2012, plaintiffs served written discovery upon one defendant. Plaintiffs failed, however, to serve the other parties to the litigation with […]

No More Delay For Summary Judgment Until Discovery Complete

“[T]here is no absolute right to delay action on a motion for summary judgment until discovery is complete.” As long as the parties are afforded a fair opportunity to carry out discovery and to present their claim, summary judgment may be warranted. Plaintiff was injured in a slip and fall accident while working as an […]

Attitude Adjustment: USDC Sanctions Defense Counsel To Mandatory CLE For Misconduct at Deposition of Co-Defendant’s CEO

Magistrate Judge Michael North of the Eastern District of Louisiana recently awarded unusual sanctions in a discovery motion. The issue presented was alleged misconduct by one defense attorney in his deposition cross-examination of the CEO of another defendant whose interests were adverse to the client of the defense attorney. The underlying suit involved a high […]

Former New Orleans Saint’s Worker’s Compensation Claim Found Time-Barred

Darren Sharper, a professional football player with the New Orleans Saints from 2009-2011, filed a claim for workers’ compensation benefits on December 14, 2011. The Court addressed whether payments made to Sharper after he was injured in 2009 were wages or were amounts paid in lieu of compensation. If the former, then more than one […]

Payments for Equipment and Services Included in Determining an Employee’s Pre-Injury Wages

Recently, the Louisiana First Circuit discussed how courts are to calculate an employee’s pre-injury wages where the employer pays the employee not only for normal labor, but also for the use of the employee’s equipment and the employee’s provision of other services. In general, when an employee files a worker’s compensation claim against his employer, […]

Prescription Does Not Begin to Run Until the Diagnosis is Confirmed

On August 17, 2011, the siblings and heirs of a retired plumber filed a survival action on behalf their brother who died from mesothelioma. The decedent worked at Charity Hospital (“Charity”) in New Orleans for over thirty years and was allegedly exposed to asbestos containing materials throughout the course of his career. While the lawsuit […]