Louisiana Law Blog

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Louisiana Law Blog

Chemical Manufactures Agree to $50M Settlement for PFAS Remediation

By Lauren Rucinski

July 15, 2021

As part of an ongoing investigation led by the Delaware Attorney General’s Office into the potential environmental impacts of legacy industrial activities in the state, Delaware has reached a $50 million settlement agreement with DuPont Co., Corteva, and the Chemours Co. for alleged damages resulting from these companies’ use of chemicals called PFAS. Dubbed the “forever chemical,” per- and polyfluoroalkyl substances, or PFAS, are a large group of synthetic chemicals that includes perfluorooctanoic acid (PFOA),…

Louisiana Law Blog

Over $300,000 Owed Employee in Vacation Pay Upon Retirement

By A. Edward Hardin, Jr.

July 12, 2021

Louisiana law requires the timely and prompt payment of all amounts due a discharged, resigning, or retiring employee. Under Louisiana law, vacation pay is considered an amount due if the employee was eligible for vacation with pay, had accrued the right to take vacation with pay, and the employee had not taken or been compensated for the vacation time as of the date of the employee’s departure. The recent retirement of Barry Alvarez, Wisconsin’s former…

Louisiana Law Blog

The State of Wind Energy in the United States: Blowing into the Gulf of Mexico

By Chynna Anderson, Richard McConnell & Rachel Scarafia

July 4, 2021

The United States has become one of the largest and rapidly-expanding wind markets in the world, with the U.S. Energy Department investing in both land and offshore research and development projects in an effort “to advance technology innovations, create job opportunities and boost economic growth.”[i] In the future, the Energy Department predicts that the U.S. wind industry will constitute a “critical part” of its strategy to decrease carbon pollution, diversify the U.S. energy economy,…

Louisiana Law Blog

The Ball’s In Their Court Now: NCAA’s NIL Policy Provides Trademark Opportunities for College Athletes

By R. Devin Ricci & Randy Cangelosi

July 2, 2021

In the United States, name, image, and likeness (“NIL”) are the three elements that make up a legal concept known as the right of publicity. The right of publicity is an intellectual property right that protects against the misappropriation of a person’s name, likeness, or other forms of personal identity—such as nickname, pseudonym, voice, signature, likeness, or photograph—for commercial benefit. NIL compensation is compensation, typically money, earned by athletes for their NIL. Prior to July…

Louisiana Law Blog

It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness

By Edwin Noland

July 1, 2021

Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism of college athletics, the organization’s Division I board of directors decided Wednesday that it would allow all athletes to earn money from their NIL. The decision by the NCAA comes just one day before multiple…

Louisiana Law Blog

The Fifth Crime: Ecocide

By Chauvin Kean

June 24, 2021

A panel of 12 lawyers from around the world recently proposed a legal definition for a new crime: ecocide. For years, the panel, along with various international groups, has sought to amend the Rome Statute of the International Criminal Court to include ecocide as one of the crimes within the court’s jurisdiction. Currently, the ICC prosecutes only four crimes: genocide, crimes against humanity, crimes of aggression, and war crimes. The addition of ecocide would enable…

Louisiana Law Blog

Ashes to Ashes, Dust to Dust, Could Carbon Capture Save the Climate Bust?

By Hattie Guidry, Arielle Anderson, Jourdan Curet & Kristi Obafunwa

June 11, 2021

Originally published in the Ark-La-Tex Association of Professional Landmen Register Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere. By returning CO2 emissions that resulted from the oxidation of carbon when fossil fuels are burned to the place where the fossil fuels were extracted, CCS can reduce…

Louisiana Law Blog

From a Louisiana Notary Far Far Away…

By Adrienne Wood

June 11, 2021

Currently, 29 states permit some form of remote online notarization (RON) and Louisiana is (almost) one of them.[1] House bill 274 of the 2020 regular session of the Louisiana State Legislature was signed into law on June 11, 2020. HB 274, among other things, permits the use of remote online notarization in Louisiana. However, the effective date of the bill is not until February 1, 2022. So, although it is codified, it is not…

Louisiana Law Blog

Proof of Delivery Now Required for Your Time-sensitive Pleadings

By Rachel Scarafia & Richard McConnell

June 10, 2021

The Louisiana Supreme Court recently interpreted the fax-filing statute to require “delivery” of an original pleading to the clerk within seven days after the fax filing. If the pleading is to be given the fax-filing date, you must now “deliver” the original and the fee to the clerk before the seven-day deadline. And you’re expected to prove when the “delivery” occurred. In Petit-Blanc v. Charles, 2021-00094 (La. 4/20/21); — So.3d —-, the plaintiff fax-filed a petition…

Louisiana Law Blog

Environmental Self-Audit Legislation Passes the House and Senate

By Lauren Rucinski & Maureen Harbourt

June 9, 2021

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The Louisiana Legislature has directed the Department of Environmental Quality (“LDEQ”) to promulgate regulations allowing for “voluntary environmental self-audits.” [1] The self-audit regulations are to include provisions protecting confidential information and providing incentives to facilities for conducting a self-audit. Environmental self-audit programs are designed to allow a facility to identify compliance issues and address them before enforcement action by the agency. This type of program offers incentives for self-discovery such as reduced penalties, recommendation…

Louisiana Law Blog

Insight and Information on Louisiana Law, Litigation, and Legal Culture

Blog Authors

Chemical Manufactures Agree to $50M Settlement for PFAS Remediation

Over $300,000 Owed Employee in Vacation Pay Upon Retirement

The State of Wind Energy in the United States: Blowing into the Gulf of Mexico

The Ball’s In Their Court Now: NCAA’s NIL Policy Provides Trademark Opportunities for College Athletes

It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness

The Fifth Crime: Ecocide

Ashes to Ashes, Dust to Dust, Could Carbon Capture Save the Climate Bust?

From a Louisiana Notary Far Far Away…

Proof of Delivery Now Required for Your Time-sensitive Pleadings

Environmental Self-Audit Legislation Passes the House and Senate

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