Local Law Blogs

Kean Miller Update - Hurricane Gustav - September 4

Posted on September 04, 2008
Our thoughts are with everyone affected by the aftermath of Hurricane Gustav.  The Kean Miller Management Team continues to evaluate the effects of the storm on the communities where we live and work. Our main office in downtown Baton Rouge is largely unaffected by the storm...

Kean Miller Update - Hurricane Gustav - September 3

Posted on September 03, 2008
Due to the aftermath of Hurricane Gustav, Kean Miller's offices will be closed as our Management Team evaluates the effects of the storm on the communities where we live and work.   The New Orleans office of Kean Miller will be closed on Wednesday, September 3rd...

Kean Miller Office Update

Posted on September 01, 2008
Due to Hurricane Gustav, Kean Miller's offices will be closed until the effects of the storm can be evaluated. Below are closure dates by location. These dates are subject to change pending conditions following the storm.  The New Orleans office of Kean Miller will be closed Monday, September 1st; Tuesday, September 2nd; and Wednesday, September 3rd...

Kean Miller Hurricane Update

Posted on August 31, 2008
Due to Hurricane Gustav, Kean Miller's Baton Rouge, Lake Charles, and Plaquemine offices will  be closed on Monday, September 1st and Tuesday, September 2nd.  Our New Orleans office will be closed on Monday, September 1st, Tuesday, September 2nd, and Wednesday, September 3rd...

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OIG Issues Advisory Opinion on Proposed Block Lease of Free-Standing Cancer Treatment Center

Posted on August 28, 2008
by Clay J. Countryman The Office of Inspector General issued Advisory Opinion No. 08-10 on August 19, 2008 regarding a proposal for a physician group practice to lease a facility owned by the practice on a part-time basis to other physician groups for the groups to provide certain radiation therapy treatments to their patients...

Using and Modifying Industry Form Construction Contracts

Posted on August 18, 2008
by Linda Perez Clark and Jeffrey N. Boudreaux A number of construction industry trade groups or associations, such as the American Institute of Architects (AIA) and the Design-Build Institute of America (DBIA), among others, have developed a variety of “standard form” construction contracts that have been used in the industry for many years, and are periodically updated...

Stopping Internet Copyright Infringement Short of Filing Suit

Posted on August 05, 2008
by Tara Montgomery Madison“Someone is using my photos and website design on the internet without permission. What can I do?” These questions arise more and more with the increased use of the internet in business. The technical answer is that you have a potential claim for copyright infringement...

Negligent Hiring

Posted on July 29, 2008
by Scott D. HuffstetlerDid you know that an employer may be liable for failure to properly screen employees when such failure results in hiring someone that has a history of violent or criminal acts? Louisiana recognizes claims against an employer that hires an employee with dangerous propensities when that employee injures third persons at work...

Water From Broken Levees Falls Within Insurance Policy Flood Exclusion

Posted on July 24, 2008
by Todd A. RossiIn Sher v. Lafayette Insurance Co. (La. 2008), an apartment unit was flooded when levees failed immediately following Hurricane Katrina. The insurer inspected the property to determine the amount of covered loss and concluded that most of the building’s damage was due to poor maintenance, disrepair, and flooding...

Louisiana Value Policy Law Does Not Control Amount of Insurance Loss

Posted on July 21, 2008
by Todd A. RossiIn Landry v. Louisiana Citizens Property Insurance Co. (La. 2008), the Louisiana Supreme Court rejected a homeowner’s breach of contract claim against the insurer for failure to pay the face value of the policy after their house was totally destroyed by Hurricane Rita...

Louisiana Chosen to Participate in Electronic Health Records Medicare Demonstration Project

Posted on July 17, 2008
by Valerie A. JudiceOn June 10, 2008, Michael O. Leavitt, Secretary of the Department of Health and Human Services (DHHS) announced that Louisiana was one of twelve (12) communities chosen to participate in an Electronic Health Records Medicare Demonstration Project...

OIG Opines Favorably on Electronic Kiosks Provided by Pharmaceutical Manufacturer

Posted on July 14, 2008
by Linda G. RodrigueIn Advisory Opinion No. 08-05, issued February 15, 2008, the OIG concluded that an arrangement whereby a pharmaceutical company placed electronic kiosks in physician offices would not generate prohibited remuneration under the anti-kickback statute...

Louisiana Supreme Court's Rehearing of Borel v. Young

Posted on July 08, 2008
By Deborah Juneau The Louisiana Supreme Court issued its new opinion after a rehearing in Borel v. Young, again affirming the Third Circuit’s ruling and dismissing the lawsuit against late-added physician defendants, but on different grounds...

Supreme Court Reduces Punitive Damage Award in Exxon Valdez Case and Limits Punitive Damage Awards in Maritime Cases

Posted on July 07, 2008
by Bradley C. MyersIn a major victory for business interests involved in maritime operations and what many commentators say is a harbinger of things to come, the United States Supreme Court recently struck down the $2.5 billion punitive damage award against ExxonMobil in a case involving claims for individual economic damages filed by landowners, native Alaskans and commercial fisherman following the 1989 grounding of the Exxon Valdez...

Louisiana Supreme Court Holds That Act 312 is Applicable to Legacy Lawsuits and is Constitutional - M.J. Farms, Ltd. v. Exxon Mobil Corporation, No. 07-CA-2371

Posted on July 02, 2008
by Katherine K. Green and Richard D. McConnellThere are scores of oilfield contamination cases, coined “legacy lawsuits,” in which landowners claim that their property has been contaminated by historical oil and gas exploration and production operations...

CMS Issues Stark Law Advisory Opinion on Physician Ownership and the Rural Provider Exception to the Stark Law

Posted on June 30, 2008
by Clay J. CountrymanThe Centers for Medicare and Medicaid Services (“CMS”) recently issued on June 8, 2008 an advisory opinion in which CMS addressed whether a proposed physician ownership in a diagnostic center complies with the rural provider exception to the Stark Law...

Louisiana Decision on Sale of Minority LLP Interest Absent Liquidation Has Health Care Provider Implications

Posted on June 26, 2008
by Linda G. RodrigueOn April 16, 2008, the Louisiana Third Circuit Court of Appeal upheld a trial judge’s application of a 35% minority discount in determining the fair market value of the interest of a partner withdrawing from a limited liability partnership (LLP)...

OSHA Site-Specific Targeting of 3,800 High Hazard Workplaces Recently Announced

Posted on June 24, 2008
by Laura L. Hart        On May 19, 2008, OSHA Directive Number 08-03 became effective. That directive provides the criteria by which OSHA will conduct the 2008 Site-Specific Targeting (“SST-08”) plan...

Keeping Up With Spill Prevention, Control, and Countermeasure Regulations

Posted on June 12, 2008
By T. Shane SandeferSeveral developments concerning the Spill Prevention, Control, and Countermeasure (SPCC) regulations occurred in 2006 and 2007. Thoughtful planning and continued tracking of these developments will be necessary to ensure compliance...

CMS Issues Stark Law Advisory Opinion on Hospital Providing Software Interface to Physicians

Posted on June 04, 2008
By Clay J. CountrymanOn May 30, 2008, the Centers for Medicare & Medicaid Services (CMS) issued an Advisory Opinion regarding a proposed arrangement under which a hospital system would license a custom software interface for use by the physicians on its medical staffs...

Louisiana Supreme Court to Rehear Borel v. Young

Posted on June 03, 2008
By Deborah JuneauThe Louisiana Supreme Court recently held in Borel v. Young that La. R. S. 9:5826(A) provided for both a one year prescriptive period and a three year peremptive period to file a claim for medical malpractice. The decision in Borel made it clear that a plaintiff had to file suit against a health care provider no later than three years from the date of the alleged act, omission, or negligence giving rise to the claim...

Louisiana Supreme Court Rehears Borel v. Young

Posted on June 03, 2008
By Deborah JuneauThe Louisiana Supreme Court recently held in Borel v. Young that La. R. S. 9:5826(A) provided for both a one year prescriptive period and a three year peremptive period to file a claim for medical malpractice. The decision in Borel made it clear that a plaintiff had to file suit against a health care provider no later than three years from the date of the alleged act, omission, or negligence giving rise to the claim...

Refusal to Hire Impaired Worker Not Disability Bias Under ADA

Posted on May 28, 2008
By Terry McCayIn a recent decision from the federal court for the Southern District of Texas, a refinery’s refusal to hire an applicant who admitted to having weakness on the right side of his body did not violate the Americans With Disabilities Act (ADA)...

Recent Daubert Challenges to Experts in Environmental Litigation

Posted on May 15, 2008
By Esteban Herrera and Richard McConnellEnvironmental litigators face unique challenges in dealing with the expert phase of a lawsuit.  For example, a lawsuit involving alleged environmental contamination of soil, groundwater, or surface waters may require the use of experts such as environmental/civil engineers, hydrogeologists, hydrologists, geologists, soil scientists, agronomists, analytical chemists, toxicologists, environmental chemists, risk assessment experts, wetlands scientists, health physicists, biologists, and statisticians...

A Vessel Under Construction is (Still) NOT a Vessel

Posted on April 25, 2008
by Michael J. O'BrienIn the recent case of Cain v. Transocean Offshore USA, Inc., et al., No. 05-300963, the United States Court of Appeals for the Fifth Circuit affirmed its long standing decision that a watercraft under construction is not a “vessel in navigation” for purposes of the Jones Act...

Kean Miller Hosts Prep Program for College Students

Posted on April 16, 2008
by Linda Perez ClarkThe second annual "Kean Miller Connection," a 2-day law school prep program for college students, will be held May 15th and 16th at Kean Miller's office in Baton Rouge.The goal of the program is to “connect” participants with information helpful to their decision to attend law school and become a lawyer...

Family Medical Leave Act Amended as Part of National Defense Authorization Act

Posted on April 14, 2008
by Theresa R. HagenOn January 28, 2008, the Family and Medical Leave Act (“FMLS”) was amended as part of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2008. A copy of the amended FMLA is available at www...

Louisiana Air Toxics Regulations Revised by LDEQ

Posted on April 08, 2008
by Kyle B. BeallThe Louisiana Department of Environmental Quality recently finalized revisions to the “Comprehensive Toxic Air Pollutant Emission Control Program” set forth in LAC 33:III.Chapter 51 of the Louisiana Air Quality Regulations...

The TWIC: What Is It, Who Needs It, and How Can I Get It

Posted on March 13, 2008
by Michael J. O'BrienThe Transportation Worker Identification Credential (TWIC) is a new security measure established by Congress through the Maritime Transportation Security Act (MTSA) to ensure that individuals who pose a threat do not gain unescorted access to secure areas of the nation’s maritime transportation system...

IRS Provides Safe Harbor For Like Kind Exchange

Posted on March 10, 2008
by Kevin C. CurryTaxpayers often own a vacation home or other residential property that they desire to exchange in a tax-deferred like kind exchange under Section 1031 of the Internal Revenue Code. Under Section 1031, no gain or loss is recognized on the exchange of property held for use in a trade or business or for investment if the property is exchanged solely for property of like kind that is to be used in either a trade or business or for investment...

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