On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working interest owner defendants in
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Proper Form and Content of a Louisiana Private Works Act Lien
By the Kean Miller Construction Team
Louisiana’s Private Works Act [1] allows an unpaid contractor, subcontractor, or material supplier to file a “statement of claim or privilege” (i.e., lien) upon the property improved by their work or materials. A properly filed lien in the amount of the unpaid balance can then form the basis for
A More Streamlined, Cost-Effective, Tightly Managed Arbitration Procedure? The 2015 Amendments to the AAA Construction Arbitration Rules
Parties to a construction contract often expressly agree that any disputes shall be resolved through arbitration. Traditionally, construction entities have placed these “arbitration clauses” into their contract under the belief that arbitration would lead to the resolution of a dispute in a manner quicker and cheaper than a state or federal lawsuit. In recent years,
Choice of Law Provisions: Cheap Insurance Against the Unpredictable
Choice-of-law provisions can be simple, single-sentence contract clauses that provide some certainty to disputes that may arise out of a contractual relationship. One such way that these clauses enhance the predictability of disputes is by limiting the remedies available to the parties to the contract to those available under the chosen law. This can be
Decades Later – McCorpen Still at Work
As a final follow up on our previous posts (here and here) monitoring Meche v. Doucet’s progression through the court system, we report that on October 5, 2015, the United States Supreme Court denied writs. As previously reported, in Meche, 777 F.3d 237 (5th Cir. Jan. 22, 2015), the Fifth Circuit expanded the
What Do Drones, the U.S. Open, September 11, and the National Association of Realtors Have in Common?
This year’s U.S. Open has brought its fair share of excitement on the court. The sport’s beloved Serena Williams, who was just two matches away from being only the fourth female to complete a calendar grand slam, was eliminated by an unranked Italian player, and an potential showdown between tennis’ rock stars Novak Djokovic and Roger Federer make this year’s
Recent Developments Regarding the Business Utilities Tax Payments and Taxpayer’s Rights to Protest
As is now widely known, the Louisiana Legislature has adopted HCR No. 8, which purports to suspend the sales tax exemptions business utilities effective July 1, 2015. On July 1, 2015, the Louisiana Chemical Association (“LCA”) filed a declaratory judgment proceeding attacking the validity of HCR No. 8. The Legislature and the Louisiana Department of
U.S. Army Corps of Engineers Provides New Resource for Marine Operators
On May 26, the U.S. Army Corps of Engineers launched a new website to provide the public and industry interests with nationally-issued Notices To Navigation Interests (NTNI). The new website can be found here. The new site allows users to search NTNIs by keywords, providing a new-user friendly interface. The site will keep navigation interests
McCorpen Under Attack at the U.S. Supreme Court
As we recently reported, the Fifth Circuit decided the case of Meche v. Doucet, 777 F.3d 237 (5th Cir. Jan. 22, 2015) earlier this year. At issue in the Meche case was a well-founded and widely adopted defense to an employer’s obligation to pay maintenance and cure to an injured seaman – the McCorpen
Tax Sale Redemption Period Reduced for Blighted and Abandoned Property
Each year, as the calendar changes, the tax collecting divisions of political subdivisions (Parish, City, etc.) gear up for the increased workload that comes along with preparing for tax sales. In the State of Louisiana, owners of immovable property (real estate) are required to pay property taxes to the parish and/or the city. In certain