Local Law Blogs

IRS Issues Notice Explaining Go Zone Recapture Rules For Like Kind Exchanges of Go Zone Property

Posted on March 05, 2008
by Kevin C. CurryThe IRS issued Notice 2008-25 explaining how the recapture rules for the 50% bonus depreciation under the GO Zone legislation applies to GO Zone property involved in either a like kind exchange under Section 1031 of the Internal Revenue Code (the "Code") or an involuntary conversion under Section 1033 of the Code...

Jones Act and FELA Employers Enjoy Same Negligence Standard as Employees

Posted on March 03, 2008
by Stephen C. HanemannThe United States Supreme Court recently held that a single standard of causation now applies when assessing the negligence of an employer and employee under FELA. Norfolk Southern R. Co. v. Timothy Sorrell, 127 S.Ct. 799, 166 L...

Jones Act Employers Have Recourse Against Negligent Employees

Posted on February 28, 2008
by Stephen C. HanemannThe U.S. Fifth Circuit Court of Appeals has unequivocally held that a shipowner-employer may pursue a claim for reimbursement of costs for damage to property against its negligent seaman-employee. Withhart v. Otto Candies, 431 F...

Where You May Be Doing Business - The Personal Jurisdiction Snare

Posted on February 26, 2008
by James R. Chastain, Jr. In New Investment Properties, L.L.C. v. ABC Company, et al, 2007 W.L. 4305464 (4TH Cir. 2007), the Court of Appeals addressed the range of personal jurisdiction. Like that of a shepherd’s crook, the court exercised personal jurisdiction over a non-resident defendant...

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Recovery of Non-Pecuniary Damages Prohibited Under Jones Act

Posted on February 21, 2008
by Stephen C. HanemannThe issue of recovery of non-pecuniary damages [1] by a Jones Act seaman is one that often confronts both the seaman’s employer and non-employer third-parties from whom damages are sought. No case set forth a more succinct resolution of this issue than Scarborough v...

Louisiana's Third Circuit Court of Appeals Upholds District Court's Dismissal of Legacy Oil Field Plaintiff's Contract and Tort Claims In LeJeune Brothers, Inc. v. Goodrich Petroleum Co., L.L.C., et al.

Posted on February 18, 2008
by Laura L. HartThe 16th Judicial District Court granted a well operator’s motion for summary judgment and exception of no right of action and dismissed all of a property owner’s claims in a pending legacy oilfield suit. The Louisiana Third Circuit Court of Appeal upheld the trial court’s decision in LeJeune Brothers, Inc...

Arbitration Not Applicable to Contract of Labor

Posted on February 11, 2008
by James R. "Sonny" ChastainThe issue of the enforceability of an arbitration clause in a service contract was recently addressed in Wright v. 3P Delivery, L.L.C., 2007 WL 3171260 (La. App. 3d Cir. 2007). In this action, Plaintiff Chester Wright and Defendant 3P Delivery, L...

Fifth Circuit Issues First Opinion Regarding A Sarbanes-Oxley Whistleblower Complaint

Posted on February 07, 2008
by Scott D. HuffstetlerOn January 22, 2008, in Allen v. Administrative Review Bd., ____ F.3d ____, 2008 WL 171588 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit (the federal appellate court circuit that includes Louisiana, Mississippi, and Texas) issued its first ruling addressing the employee whistleblower protections provided by the Sarbanes-Oxley Act (“SOX”)...

European Union to Cut Greenhouse Gas Emissions by Twenty Percent by 2020: European Commission Issues Climate Change Policy Package

Posted on February 04, 2008
by Laura L. HartThe European Commission recently released a preliminary package of broad climate change policies that would affect industry, energy generation and transportation in the European Union. The goals of the climate change policies are to: (1) to reduce greenhouse gas emissions by twenty percent (20%) below 1990 levels by the year 2020; (2) to increase the proportion of power generated by renewable resources to twenty percent (20%) of total energy consumption; and (3) to institute a mandate that ten percent (10%) of the fuel consumed by the European vehicles to be from biofuel sources...

European Union to Cut Greenhouse Gas Emissions by Twenty Percent by 2020: European Commission Issues Climate Change Policy Package

Posted on February 04, 2008
by Laura L. HartThe European Commission recently released a preliminary package of broad climate change policies that would affect industry, energy generation and transportation in the European Union. The goals of the climate change policies are to: (1) to reduce greenhouse gas emissions by twenty percent (20%) below 1990 levels by the year 2020; (2) to increase the proportion of power generated by renewable resources to twenty percent (20%) of total energy consumption; and (3) to institute a mandate that ten percent (10%) of the fuel consumed by the European vehicles to be from biofuel sources...

Physician Must Comply With Terms of Non-Competition Agreement

Posted on February 01, 2008
by Valerie A. JudiceOn September 26, 2007, the Louisiana Second Circuit Court of Appeal upheld the judgment of the First Judicial District Court in Caddo Parish in finding that the noncompetition and nonsolicitation clauses in a contract between a urology clinic and a professional medical corporation ("PMC") were enforceable as to the physician who had formed the PMC...

Professional Courtesy Exception under Stark III: Significant Changes

Posted on January 04, 2008
by Linda G. RodrigueOn December 4, 2007, Phase III of the Stark Law’s regulations became effective. They include some significant substantive changes, one of which is a change to the professional courtesy exception. This change is likely to have a significant effect on many designated health service (“DHS”) providers, as those entities are defined by the Stark Law...

EPA Adopts Final Rule to Clarify "Reasonable Possibility" Recordkeeping and Reporting Requirements

Posted on January 03, 2008
by Maureen N. HarbourtOn December 21, 2007, EPA published notice of its adoption of a final rule to “clarify” the recordkeeping and reporting requirements for projects that do not constitute a major modification under the prevention of significant deterioration (“PSD”) and nonattainment new source review (“NNSR”) programs when calculated by the baseline actual emissions to projected actual emissions (“BAE to PAE”) methodology, but which have a “reasonable possibility” to result in a significant emissions increase...

ERC Launches Plan To Make Gas Markets Transparent, Monitor Price Information

Posted on December 28, 2007
by Lawrence J. Hand, Jr.On December 20, 2007, the Federal Energy Regulatory Commission approved a final rule in docket no. RM07-10-000 to require certain natural gas market participants to file an annual report reflecting wholesale, physical natural gas transactions...

Florida Estate Planning Lawyer Blog

Posted on December 11, 2007

Medicaid Recoupment Based on Lack of Medical Necessity Not Permitted If Based on Review of Billing Records Alone

Posted on December 05, 2007
by Linda G. RodrigueOn November 2, 2007, the Louisiana Court of Appeal for the First Circuit ruled that the Louisiana Medicaid Program may not recoup payments from a health care provider participating in Medicaid based solely on a billing record review when the basis for the alleged overpayment is that the services were not medically necessary...

FCC Prohibits Enforcement of Cable Operators' Exclusive Access Clauses for Multiple Dwelling Units

Posted on November 20, 2007
by Gordon D. PolozolaThe Federal Communications Commission has issued a Report and Order prohibiting cable operators from enforcing or executing any provision in a contract that grants an operator the exclusive right to provide cable services to apartment buildings, condominiums and certain other multiple dwelling units (MDUs) in an effort to bring the benefits of competition to the increasing number of residents living in MDUs...

Abandonment Period for Cases Filed Prior to Hurricanes Katrina and Rita Extended to Five Years by Recent Amendment of Louisiana Code of Civil Procedure Article 561

Posted on November 15, 2007
by Laura L. Hart2007 La. Acts No. 361 amended Louisiana Code of Civil Procedure Article 561 to provide an exception to the abandonment period for cases filed before the landfall of Hurricanes Katrina and Rita. The amendment extends to five (5) years the abandonment period for cases that meet the requirements set forth in La...

Single Business Enterprise Theory Continues to Gain Ground

Posted on November 13, 2007
by Dean P. CazenaveThe Louisiana Fourth Circuit Court of Appeal recently held that the single business enterprise theory may apply in a breach of contract case.The single business enterprise theory, a jurisprudential theory under which one or more entities affiliated with another entity may be held liable for such other entity’s debts or liabilities, was first recognized in Louisiana by the First Circuit Court of Appeal in 1991 in the case of Green v Champion Insurance Co...

Statutory Prohibition Against Arbitration of Labor Contracts

Posted on November 12, 2007
by Linda Perez ClarkLouisiana law prohibits arbitration clauses in “contracts of employment of labor.” In Wright v. 3P Delivery, LLC, 2007-683 (La.App. 3 Cir. 10/31/07) --- So.2d ----, the court was asked to consider whether an arbitration clause in a contract requiring the plaintiff, an individual, to provide transportation services along with handling, loading and unloading of shipments for defendant, fell within this prohibition...

Federal Protection for Gays and Lesbians Forthcoming?

Posted on November 09, 2007
by  A. Edward Hardin, Jr.On Thursday, November 8, The New York Times reported that the U.S. House of Representatives passed the Employment Nondiscrimination Act. The Act grants gays and lesbians protections from discrimination in the workplace...

Reckless Disregard Upheld as Standard in Criminal Conviction

Posted on November 09, 2007
by Linda G. RodrigueThe United States Court of Appeals for the Ninth Circuit recently upheld the health care fraud conviction of a mental health clinic owner in Idaho, ruling that proof of intent to defraud can be made by showing reckless indifference to the truth or falsity of statements in health care cases...

Jury Sides with the Wham-O Slip 'N Slide

Posted on November 08, 2007
by James R. Chastain, Jr.A jury in California issued a $6 million verdict against SLB Toys USA, Inc. (also known as ToyQuest) in favor of Wham-O, Inc., the manufacturer of the famous backyard yard toy, the Slip ‘N Slide. Wham-O owns two registrations for design marks for water slides which include the color yellow as part of the registration...

OIG Issues Advisory Opinion on Ambulatory Surgical Centers

Posted on November 05, 2007
by Valerie A. JudiceOn October 19, 2007, the Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion No. 07-13 concerning ownership in ophthalmology Ambulatory Surgical Centers (ASCs). The Advisory Opinion can be found at http://www...

Louisiana New Home Warranty Act Protects Insurance Carriers

Posted on October 29, 2007
by Todd A. RossiThe Louisiana New Home Warranty Act provides the exclusive remedies, warranties, and prescriptive periods (statute of limitations) as between builder and owner related to home construction. The Act’s minimum required warranties are mandatory, and cannot be waived by the owner or reduced by the builder...

Lack of Final Determination Precludes Insurance Coverage Summary Judgment

Posted on October 25, 2007
by Todd A. RossiLouisiana courts preclude summary judgments on insurance coverage matters until the underlying litigation is resolved and the factual basis for the insured’s liability is determined. For example, in Vidrine v. Constructors, Inc., 953 So...

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