Insight and Information on Louisiana Law, Litigation, and Legal Culture
Effective Date: Upon signature of the governor which occurred on June 8, 2006.
Limitation On Some Matters: Does not apply to a case in which the court, on or before March 27, 2006 (first day of the legislative session), has issued or signed an order setting the case for trial, regardless if such trial date is continued.…
It is common for an employer to require an employee to provide a medical release or to submit to a medical examination before returning to work after a sickness or medical leave. Some employees contend the time it takes to complete this process amounts to involuntary FMLA leave and they should receive all benefits of the…
The Gulf Opportunity Zone Act of 2005 (“GO Zone”) created a number of business incentives to help Louisiana and the other areas impacted by Hurricane Katrina. One of the key elements of the GO Zone legislation is the 50 percent bonus depreciation provision. This provision has been getting a great deal of coverage in the media and…
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…
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…
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.”…
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.
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…
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…
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…
