The Louisiana Third Circuit Court of Appeal held that an insurer waived coverage defenses where the insurer failed to timely assert the specific coverage defense prior to the assignment of defense counsel by the insurer via a reservation of rights. See Teresa Jeffries v. Prime Insurance Company, et al., 2021-161 (La.App. 3 Cir. 11/3/21), —
Latest from Louisiana Law Blog - Page 15
The Federal Arbitration Act: When jurisdiction arises solely from a federal question in the underlying dispute, can a federal district court confirm or vacate an arbitration award under the FAA? Stay tuned for an answer from SCOTUS!
Last week, the Supreme Court of the United States heard argument in Badgerow v. Walters[1] as to an important jurisdictional question under the Federal Arbitration Act (“FAA”), 9 U.S.C. 1, et seq. Specifically, the question presented to SCOTUS was whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under the FAA
BOEM to Issue a Call to Further Assess Commercial Interest in Wind Energy Leasing in the Gulf
On October 28, 2021, the Department of Interior announced three major milestones to advance commercial offshore wind energy development, one of those impacting the Gulf of Mexico.
The Bureau of Ocean Energy Management (“BOEM”) will publish a Call for Information and Nominations (“Call”) on November 1, 2021 in the Federal Register. The Call will allow
Louisiana Department of Revenue Announces A Transfer Pricing Managed Audit Program
On October 28, 2021, the Louisiana Department of Revenue (the “Department”) publicly announced a transfer pricing managed audit program in Revenue Information Bulletin No. 21-029 (October 26, 2021). Louisiana’s program is similar to managed audit programs recently introduced in other states, such as Indiana and North Carolina. However, unlike some other states, Louisiana’s managed
CCUS and Property Rights: Considerations Facing Potential Storage Operators in Louisiana
The current administration’s focus on climate change has prompted a renewed interest in carbon capture, utilization, and sequestration (CCUS). In July of this year, the White House Council on Environmental Quality (CEQ) issued a report to Congress stating the Biden administration “is committed to accelerating the responsible development and deployment of CCUS to make it
Liens Filed by Unlicensed Contractors are Invalid
The Louisiana Private Works Act (“LPWA”) [1] provides helpful security to unpaid contractors, subcontractors, and suppliers. In particular, it can provide persons that have no contract with the owner a direct claim against the owner for payment and provides both those with and without direct contracts with the owner a privilege or lien on the
John Bel Edwards Extends Legal Deadlines and Eases Requirements for Making Unemployment Insurance Claims in Wake of Hurricane Ida
On September 6, 2021, Louisiana Governor John Bel Edwards signed and issued Emergency Proclamation 170 JBE 2021 (the “Proclamation”) designed to provide assistance to certain groups affected by Hurricane Ida, including a temporary suspension of certain deadlines and requirements relating to unemployment insurance as well as the temporary suspension of legal deadlines applicable to legal
“Good as Gold or Fool’s Gold – What Does It Mean to an Owner for a Contractor to be Licensed, Bonded, and Insured?”
Trippe Hawthorne, a partner, and construction lawyer at Kean Miller, was a featured author for the American College of Real Estate Lawyers (ACREL), where he wrote on the subject of contractors and what it means to be licensed, insured, and bonded. Many property owners see this nomenclature in marketing and promotional materials for General
The State of Wind Energy in the United States: Blowing into the Gulf of Mexico
The United States has become one of the largest and rapidly-expanding wind markets in the world, with the U.S. Energy Department investing in both land and offshore research and development projects in an effort “to advance technology innovations, create job opportunities and boost economic growth.”[i] In the future, the Energy Department predicts that the
It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness
Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism of college athletics, the organization’s Division I board of directors decided Wednesday that it would