eBay is in litigation with a small company that claims that its patents cover the online auction method used by eBay. Blackberry users were a judge’s pen stroke away from an injunction that would have stopped all Blackberry use in the U.S. In that case, the patent owner, again a small company, claimed that the famous Star
Uncategorized
Business Briefing Seminar a Success
By Kean Miller
On Friday, June 16th at Juban’s Restaurant, Kean Miller held its quarterly Business Briefing Seminar. Business and Corporate partner Dean Cazenave gave a very informative program entitled An Overview: Employment Agreements and Executive Compensation.
The program consisted of key provisions and pitfalls in drafting employment agreements for employers, and an overview of executive compensation issues…
Wetlands Jurisdiction…More Questions Than Answers
The U.S. Supreme Court issued an opinion June 19, 2006 in Rapanos v. United States and Carabell v. United States, cases focusing on the extent of the jurisdiction of the Corps of Engineers (“COE”) over wetlands under the Clean Water Act (“Act”). The Act allows the Corps to regulate “navigable waters of the United States.”…
State and Federal Minimum Wage Legislation Fails
The 2006 Louisiana Regular Legislative Session ended, and efforts to establish a state minimum wage in Louisiana failed. The United States Senate also recently voted 52-46 against a bill that would have increased the Federal minimum wage.
See article from CNN here.
Stephen Holzer (Environmental Legal Blogs) Analyzes Supreme Court Decision on Clean Water Act
By Kean Miller
Distinguished fellow blogger Stephen Holzer, at Environmental Legal Blogs has an excellent short analysis of the U.S. Supreme Court Decision in Rapanos v. United States. Check it out here, and check out his blog frequently for similar insightful posts. His concluding comment on the case:
“Nonetheless, for those of us accustomed over the last…
District Court Has Power To Replace Chronically-Tardy Juror with Alternate
By Kean Miller
In Hamilton v. Winder, 2006-0994 (La. 6/16/06), 2006 WL 1669429, the Louisiana Supreme Court held that the district court had the power under LSA-C.C.P. art. 1631(A) to “bump” a consistently tardy juror in the middle of trial and replace him with an alternate. Although Article 1769 states that “Alternate jurors…shall replace jurors who…become unable or…
Ad Hoc Judge Appointed to 18th JDC
By Kean Miller
The 18th Judicial District Court in Louisiana (Iberville, West Baton Rouge and Pointe Coupee Parishes) has requested, and received, an ad hoc judge appointment. Judge Thomas W. Tanner has been appointed by the Louisiana Supreme Court to handle all asbestos cases. Ad hoc judges are used occasionally in asbestos cases and have been appointed for…
When Is a Compliance Schedule Required In a Title V Permit?
By Kean Miller
Louisiana’s Title V permit program requires each permit to contain “a schedule of compliance consistent with LAC 33:III.517.E.4.” Under Section 517.E.4, and its federal counterpart 40 C.F.R. 70.6(c), the permit application must contain a “narrative description of how the source will achieve compliance and a compliance schedule” with respect to “any applicable requirements with which…
Louisiana Estate Planning: Some Information You Should Know
By Kevin Curry
The need for “estate planning” is often dismissed by individuals as being a luxury which can only be utilized by the wealthy. However, anyone who owns any property has need for at least some knowledge of estate planning in order to determine who will receive his or her property at the time of death. The…
Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups – New Orleans Office Triples in Size
By Kean Miller
Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, have joined the firm in the New Orleans office.
“We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our…