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 […]

Social Media Posts Insufficient to Establish Personal Jurisdiction

Instagram and Twitter are both social media websites that allow users to share posts and/or photos, in real time, with the public or select followers. As with other social media websites, a user can make his or her account private such that only authorized persons can follow the user, or the account can remain public and anyone […]

Court Rejects Plaintiff’s Attempts to De-activate Facebook Account During Discovery

Brannon Crowe claimed to be injured on a vessel owned by the defendant. The defendant sent a discovery request seeking to have Crowe download and produce content from his Facebook account, and provided instructions for doing so. In response, Crowe answered that he did not currently have a Facebook account. In his deposition, when confronted […]

Earlier Slip Constitutes Actual Knowledge of the Hazard

Following a slip and fall incident involving spilled rice at a local grocery store, the plaintiff immediately sought emergency and chiropractic treatment for low back pain and thereafter filed suit against the grocery store. The store responded, denying liability and asserting fraud on the part of the plaintiff. The trial judge rejected the store’s allegations of fraud, and […]

Immunity Defense Unsuccessful as Plaintiff’s Damage Award Upheld

The plaintiff was stopped by a Woodworth police officer while driving to work in the morning. The officer preformed the traffic stop solely because he wanted to know where the plaintiff was going. She was ticketed for driving under a suspended license, no registration, driving a vehicle with no insurance, and unlawful use of a […]