On March 21, 2012, A. Edward Hardin, Jr. told our readers about the National Labor Relations Board’s continued efforts to implement its August 30, 2011 rule that would require most private sector employers to post an 11 x 17 inch notice that advises employees of their rights under the National Labor Relations Act. After a
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Louisiana Supreme Court Rejects Application of Punitive Damages in Toxic Tort Case
The Louisiana Supreme Court recently issued a major decision in favor of industry by reversing the rulings of a trial court and an appellate court that found plaintiffs in a toxic tort case were entitled to an award of punitive damages based on the application of another state’s law.
Kean Miller submitted an amicus brief…
U.S Fifth Circuit Rules that a Seller who Knowingly Fails to Disclose a Title Defect in a Vessel is in “Bad Faith” and Liable for the Buyer’s Damages and Attorneys’ Fees
A Kean Miller admiralty and maritime team recently represented AAA Holdings, LLC (AAA), the vessel buyer, against the vessel seller, Marine Worldwide Services, Inc. (MSW) in SPSL OPOBO Liberia, Inc. v. Marine Worldwide Services, Inc., 2011 WL 4509646 (5th Cir. 2011), the U.S. Fifth Circuit affirmed the district court’s ruling that a seller of a…
Happy New Year… But, Your High School Diploma Requirement May Violate the Americans With Disabilities Act, Says the EEOC
The start to a new year means a time of change for many employers. This year, however, employers are facing added uncertainty in light of an informal discussion letter issued by the Equal Employment Opportunity Commission. In that letter, the EEOC inserted an additional dimension into the already-challenging pre-employment inquiry and applicant screening process by…
Kean Miller Releases Practical Digest of Louisiana Class Action Decisions
Kean Miller is pleased to announce the release of the ninth edition of the Practical Digest of Louisiana Class Action Decisions. The digest is produced by Charles S. McCowan, Jr., Bradley C. Myers, Gerald E. Meunier (Gainsburgh, Benjamin, David, Meunier & Warshauer), and Thomas F. Daley (District Attorney of the 40th Judicial District).…
Enforcement of New Home and Community-Based Service Provider Licensing Standards Begins October 1, 2011
In less than a month, the Louisiana Department of Health and Hospitals will begin enforcement of its new Home and Community-Based Service Providers Minimum Licensing Standards. The new regulations, which were published in the June 2011 Louisiana Register, contain one set of licensing standards that apply to providers of the following community-based services: Adult Day…
Louisiana DNR Extends Offshore Drilling Emergency Order
In response to the Gulf of Mexico Deepwater Horizon Incident, the Louisiana Department of Natural Resources (“DNR”), Office of Conservation (“Conservation”) issued a series of emergency rules with effective dates: July 15, 2010(1) , December 9, 2010(2), January 12, 2011(3) and most recently May 12, 2011(4). . The initial emergency rule created:
“a new Chapter within Statewide…
Environmental Groups Attempt to Block Shell Deepwater Gulf of Mexico Drilling
Deepwater oil and gas production from the Gulf of Mexico has become a significant portion of the current production within the United States, equal to over 1.6 million barrels per day of oil equivalent; total U.S oil production is around 5.3 million barrels per day. (1) Worldwide shallow water oil production peaked around the year 2000…
BOEMRE Notice Requires Hurricane and Tropical Storm Effects Reports
On June 1, 2011, the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) issued a notice to Gulf of Mexico Outer Continental Shelf Region (GOMR) lease and pipeline right-of-way (ROW) holders on reporting hurricane and tropical storm effects. Specifically, the recent notice, designated NTL No. 2011-G01(1), requires four reports, as appropriate:
- Evacuation and Production
…
Office of Conservation Issues Emergency Order Imposing Affirmative Obligations on Oilfield Sites, Facilities, Structures, Injection Wells and Pipelines Throughout the State
On April 28, 2011, Governor Bobby Jindal declared a State of Emergency as a result of growing concern over the predicted crest of the Mississippi River well above flood stage in many areas. Consistent with his authority, on May 13, 2011, James Welsh, Commissioner of Conservation, also issued an emergency and administrative order. It is…