U.S. 5th Circuit Highlights Chasm Between Seaman Classification Under Jones Act and FLSA

By | Louisiana Law Blog | June 20, 2017
ml By Zoe Vermeulen In the recent case of Halle v. Galliano Marine Service, L.L.C., No. 16-30558, 2017 WL 1399697 (5th Cir. Apr. 19, 2017) the U.S. Fifth Circuit addressed for the first time whether ROV technicians, who are traditionally Jones Act seamen, qualify as seamen under the Fair Labor Standards Act (“FLSA”). View Full Post
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Court is Now in Session

IMG_0294On Friday, Hannah, Luis, Forrest and I attended the Federal Court Observer Program at the Federal Courthouse downtown. The Honorable Paul C. Huck presided over a fantastic program full of information for summer associates and judicial interns. For an added treat, one of our very own—Luis—was participating in the program, arguing in a mock motion hearing for a recently settled case! View Full Post
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An Important Ruling for Secured Lenders – Ninth Circuit Holds That the Proper Cramdown Valuation is Replacement Value

In an important decision for secured creditors, the Ninth Circuit recently held that the proper “cramdown” valuation of a secured creditor’s collateral is its replacement value, regardless of whether the foreclosure value would generate a higher valuation of the collateral.  The appellate court’s decision has the potential to significantly impact lenders that include certain types of restrictions on the use of the collateral (such as low income housing requirements) in their financing documents. View Full Post
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Preference Actions Filed in Draw Another Circle Bankruptcy

On June 15, 2017, Curtis R. Smith, as Liquidating Trustee of the Hastings Creditors’ Liquidating Trust, filed approximately 69 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and and 550 of the Bankruptcy Code.   View Full Post
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The Original Soupman, Inc. Files for Chapter 11 Protection in Delaware

On June 13, 2017, The Original Soupman, Inc. and its affiliates (collectively “Debtors” or “Original Soupman”) commenced voluntary bankruptcy proceedings under Chapter 11 of the Bankruptcy Code.  According to its petition, Original Soupman estimates that its assets are between $1 million and $10 million, and its liabilities are between $10 million and $50 million. View Full Post
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