
The Collateral Source Rule is a common issue in almost every personal injury case, but its application can vary significantly from state-to-state. At its core, the rule is intended to ensure that the party responsible for the harm (the tortfeasor)
The Louisiana Law Blog, published by Kean Miller, focuses on legal issues pertinent to Louisiana, including state-specific litigation, energy and environmental law, products liability, and regulatory developments. It covers topics such as premises liability standards, international trade impacts on local industries, residential short-term rental regulations in New Orleans, and recent Louisiana Supreme Court rulings affecting manufacturer liability. The blog also addresses energy sector regulations, including carbon capture and storage policies, reflecting the state's industrial and economic landscape. It provides analysis of court decisions, legislative changes, and administrative actions relevant to practitioners and businesses operating in Louisiana.

The Collateral Source Rule is a common issue in almost every personal injury case, but its application can vary significantly from state-to-state. At its core, the rule is intended to ensure that the party responsible for the harm (the tortfeasor)…

When the U.S. Sentencing Commission speaks or writes, criminal practitioners and federal judges listen. An independent agency of the judicial branch created by Congress in the 1980s, it is composed of seven voting members, at least three of whom are…

Workers’ compensation is a critical safety net for both employees and businesses. In Louisiana, navigating a claim for noise-induced hearing loss can be a complex process. For employers, understanding the legal landscape is essential to ensure compliance, reducing exposure, raising…

Some states, such as Louisiana, have restrictive statutes against contracting for defense and indemnity provisions. Under federal maritime law, however, these defense and indemnity provisions may be permitted. This distinction creates frequent tension in offshore injury lawsuits between the application…

In offshore operations, whether a contract is deemed “maritime” has major consequences. The classification determines the application of either federal maritime law or state law, along with its oilfield or construction anti-indemnity statutes for states such as Texas or Louisiana.…

Since 1968, Louisiana law has recognized nonprofit corporations as a distinct business entity, providing organizations with a structured legal framework to pursue charitable, religious, educational, and other nonprofit purposes while benefiting from important legal and financial advantages. In 2015, Louisiana…

Within the last year, the legal industry has witnessed a surge in AI-based programs designed to improve workflow, legal research, and legal drafting, such as Westlaw Co-counsel. AI technology, although new, offers significant benefits for helping attorneys enhance their workflow.…

In February of 2020, Great Lakes Dredge and Dock Company wrote to the U.S. Customs and Border Protection (“CBP”) requesting guidance on whether the Jones Act would work to protect their interests with regard to ongoing offshore wind construction efforts…

On April 13, 2021, the SEACOR Power, a 234-foot lift boat, encountered a powerful thunderstorm after departing Port Fourchon, Louisiana. The localized severe weather event produced heavy rain, 2- to 4-foot seas, and winds in excess of 80 knots. As the…

In maritime law, the “Act of God” defense – also known as force majeure – was once a reliable shield for operators facing liability after a natural disaster. If a storm, hurricane, or earthquake caused damage that no human skill…