Injured Plaintiffs’ Recovery of Imaginary Medical Costs

By | Louisiana Law Blog | August 17, 2017
By Lana D. Crump and Amanda Collura-Day In Louisiana, the collateral source rule mandates that a tort plaintiff be awarded the full value of his medical expenses against the tortfeasor, including any amounts written off by the provider, when that plaintiff paid some “consideration” (money) for the benefit of the written-off amount.  View Full Post
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The Effect of the Uniform Commercial Code On Certain Limited Liability Company Transfer Restrictions in Louisiana

By | Louisiana Law Blog | August 10, 2017
By Amanda Bourgeois The substantial flexibility afforded by the limited liability company structure has made it an increasingly popular business entity choice.  Indeed, most of the default provisions in the Louisiana Limited Liability Company Law, La. R.S. 12:1301, et seq. (the “La LLC Law”) may be altered or superseded by the articles of organization or operating agreement of the limited liability company.  View Full Post
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Class Action Waivers Are Enforceable Even Without an Arbitration Agreement, Says the Fifth Circuit

By | Louisiana Law Blog | August 9, 2017
By Erin L. Kilgore and Scott D. Huffstetler On Monday, a Fifth Circuit majority held that a class-action and collective action waiver was enforceable, regardless of whether or not the waiver was part of an arbitration agreement.  This is good news for employers in the Fifth Circuit who do not want to have mandatory arbitration agreements with employees, but do want to have safeguards in place to prevent class and/or collective actions. View Full Post
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Back On Track? DOL’s Information Requests Suggest Changes to Overtime Exemptions May Be On the Horizon

By | Louisiana Law Blog | July 26, 2017
By Chelsea Gomez Caswell Yesterday, the Department of Labor (“DOL”) Wage and Hour Division released a preview copy of a request for information (“RFI”) before issuing revised proposed overtime exemption regulations under the Fair Labor Standards Act (“FLSA”). The RFI is scheduled for publication in the Federal Register today, July 26, 2017, which will start a 60-day public comment period. View Full Post
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Impact in Louisiana of D.C. Circuit’s Decision On Definition of Solid Waste Rule

By | Louisiana Law Blog | July 17, 2017
By M. Dwayne Johnson The D.C. Circuit’s July 7, 2017 decision on EPA’s 2015 definition of solid waste rule (DSW Rule)[1] may change the regulation of hazardous waste in Louisiana. First, some background. In 2008, EPA promulgated a definition of solid waste rule that was intended to foster waste recycling (2008 Rule).[2] Therein, among other things, EPA provided two exclusions from the definition of solid waste:[3] (a) the generator control exclusion (GCE) for material reclaimed under the control of the generator, and (b) the transfer based exclusion (TBE) where the material is reclaimed by a third party reclaimer that has a RCRA permit or, if the reclaimer has no permit, the generator has made reasonable efforts to ensure that the reclaimer legitimately reclaims the material. View Full Post
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South Louisiana Flood Protection Authority Files Petition for Writ of Certiorari with the United States Supreme Court

By | Louisiana Law Blog | July 11, 2017
By Tyler Kostal Consistent with public comments that it will pursue all available appellate remedies, today the South Louisiana Flood Protection Authority filed a petition for a writ of certiorari with the United States Supreme Court, to seek review of the decision in Board of Comm. View Full Post
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Transportation of Waste in Louisiana: Conflict Between Louisiana Public Service Commission Rules and New Legislation

By | Louisiana Law Blog | July 11, 2017
by Carrie Tournillon The Louisiana Public Service Commission (“LPSC”) and the State Legislature are conflicted over regulation of motor carriers of waste in Louisiana.  While the Louisiana Constitution grants the LPSC the authority to regulate common carriers, and the LPSC oversees the certification and permitting of such carriers, in the 2017 Regular Session the Legislature enacted Senate Bill 50 (Act 278) that changes the statutory requirements for a carrier to become an approved motor carrier of waste in the State.  View Full Post
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On First Impression, U.S. 5th Circuit Recognizes Its Jurisdiction to Review Summary Judgment Denials On Legal Issues Even After a Jury Trial

By | Louisiana Law Blog | July 7, 2017
By Tod J. Everage The US Fifth Circuit recently published an opinion in Feld Motor Sports, Inc. v. Traxxas, LP, recognizing that it had jurisdiction to review a district court’s denial of a motion for summary judgment on a legal issue. View Full Post
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United States Supreme Court Reverses California Supreme Court Decision That Extended the Jurisdictional Reach of State Courts

By | Louisiana Law Blog | July 3, 2017
By Claire E. Juneau The United States Supreme Court recently issued an opinion which significantly limits the ability of a state court to assert personal jurisdiction over non-resident defendants. This ruling is hardly a surprise and is consistent with the Court’s recent decisions in BNSF Railway Co. View Full Post
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