Out-of-state defendants are sometimes surprised to learn that their lack of minimum contacts with the forum state is irrelevant if the lawsuit against them is filed as an adversary proceeding in a federal bankruptcy court. For example, a company or
Bankruptcy
Common Issues with Maturing Mineral Leases
Mineral Leases in Louisiana are typically granted for a stipulated length of time, known as the primary term, and for so long thereafter as production in paying quantities continues. As production commences and a mineral lease is extended beyond its…
Federal Court Doesn’t Buy EPA’s Argument that eBay is a Seller; Marketplace Websites are Immune from Environmental Liability Under the Communications Decency Act
Late last month, the U.S. Eastern District of New York dismissed a suit by the U.S. Environmental Protection Agency (“EPA”) against eBay claiming that it sold products that are prohibited under federal environmental statutes.[1] The Court held that eBay…
The U.S. 5th Circuit Broadens the Scope of the Louisiana Oilfield Anti-Indemnity Act (LOAIA)
In a case of first impression, the U.S. 5th Circuit recently held that the Louisiana Oilfield Anti-Indemnity Act (LOAIA) does not contain a universal well requirement.
Louisiana is only one of four states that has passed an oilfield anti-indemnity act.…
Medicare: New Penalties for Failure to Report Effective October 11, 2024
As of October 11, 2024, entities responsible for reporting settlements, judgments or awards for Medicare beneficiaries face new monetary penalties if they fail to timely report these resolutions, activating a new final rule from December 2023.
The Medicare, Medicaid and…
Louisiana Remote Sellers Commission Issues Estimated Notices of Assessment and Notices of Intent to Assess With Rapidly Approaching Appeal Deadlines
If you are a remote seller selling into Louisiana, but not collecting tax on those sales because your activities are below the filing and remittance threshold, watch your mail! The Louisiana Sales and Use Tax Commission for Remote Sellers (the…
Swifties, Seamheads, and Senators Unite Around Fans First Act
For years, fans who want to see their favorite performers and teams have been faced with the luck of the draw or the challenge of negotiating the secondary ticket market. Therefore, ticket reselling is big business. The challenges encountered by…
Employers Brace for January 1, 2025 Overtime Exemption Salary Increase – But Will Litigation Derail the DOL Rule?
In order to classify employees as exempt from overtime pay requirements, employers may rely on the so-called “white-collar” exemptions available for administrative, executive, and professional employees. In addition to meeting the job duties test of each exemption, employers are required…
Should I Stay Or Should I Geaux (By Dismissal)? The Louisiana First Circuit Court of Appeal’s Latest Application of Arbitration Clauses in Crosby
In Crosby, as the Trustee of Aaron Guidry Trust and Trustee of the Lauren Guidry Trust, Guidry and Guidry v. Crosby Enterprises, LLC, Crosby Dredging, LLC, Tala Air Logistics, LLC, Crosby Holding, LLC, Crosby, Trosclair, and Dufrene, 2023-1338 (La. App.…
PERSONAL LIABILITY OF LOUISIANA BUSINESS OWNERS: Is Your Liability Really “Limited”?
Louisiana business owners often form corporations and LLCs in Louisiana with the assumption that they cannot, as owners of these companies, be held personally liable for any debts or liabilities related to these companies or their operations. Although Louisiana law…