For several businesses in the Baton Rouge area, one of the many implications of the recent flooding is the loss of business records that are subject to retention requirements under various state and federal laws. In light of the destruction of many such records in the flood, a question arises as to the applicability of
U.S. 5th Circuit Affirms That Tension Leg Platforms (TLP’s) Are Not Vessels
By Tod Everage
Given the significantly better benefits available to an injured worker who qualifies under the Longshoreman and Harbor Workers’ Compensation Act (“LHWCA”) compared to a state workers’ compensation scheme, attorneys for injured workers are constantly trying to fit their client into the LHWCA to maximize their potential recovery. As a result, there is a steady availability…
Patented Invention Spotlight – Aqua Dam by Layfield Group
By Devin Ricci
The City of Baton Rouge and the surrounding areas have been struck by devastating floods. Thousands were stranded. The roadways to their homes are flooded and most impassable. Flooding is not new to Louisiana. Just over ten years ago, the state experienced one of the most devastating natural disasters on record with Hurricane Katrina. Since…
FEMA: Fact Sheets for Filing Flood Claims and Applying for Individual Assistance
If your home has been damaged by the recent floods in southeast Louisiana, you will need to submit a flood claim, if you have flood insurance. Steps for submitting the claim and reaching agreement with an adjuster on the dollar amount for the covered loss or appealing denial of payment can be found here.…
Suspension of Insurance Provisions in Flood Affected Parishes
By Kean Miller
By emergency declaration issued August 18, 2016, the Commissioner of the Louisiana Department of Insurance adopted Emergency Rule 27. Emergency Rule 27 allows the Department of Insurance to suspend certain statutes in the Louisiana Insurance Code and the rules and regulations promulgated under those statutes that may affect families and business affected by the current…
Federal Declaration of Disaster Does Not Suspend Payment of Mortgage, Rent, Car Payments, Student Loans, and Open Accounts
By Alan Berteau
President Obama has declared 20 parishes in Louisiana to be Major Disaster Areas. The presidential declaration recognizes the obvious, grim reality of the tragedy in Louisiana, but more importantly enables flood victims in these parishes to apply for federal disaster assistance from the Federal Emergency Management Authority. A previous article on the Kean Miller Louisiana…
Employer Provided Assistance for Employees Affected by the 2016 Flood
By Kean Miller
Many employers have a number of employees who were affected by the August 2016 flooding event in Louisiana. These employers are looking for means to assist their employees in recovering from this significant disaster. Employers have a number of options for providing disaster relief assistance to their employees.
A number of employers are simply collecting…
U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding
By Kean Miller
Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana. The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, 2016 due to historic…
Limited Sales Tax Relief Available To Louisiana Flood Victims Without Flood Insurance
By Kean Miller
If you are one of the many South Louisiana residents directly affected by recent flooding but did not have flood insurance protection for your home and/or assets, be aware that the law provides some limited relief in the form of sales tax refunds. Under Louisiana law (La. R.S. 47:315.1), residents living in an…
IRS Extends Various Tax Deadlines to January 17, 2017 for Certain Parishes Affected by the August, 2016 Flood in Louisiana
By Kevin Curry
The Internal Revenue Service (IRS) has granted tax relief to postpone various tax filing and payment deadlines for certain filings or payments that were due on or after August 11, 2016. The relief postpones the filing deadlines or payment deadlines until January 17, 2017. Therefore, this extension will include the September 15th deadline for making…