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Bankruptcy

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Louisiana Law Blog

When Defending Against an Adversary Proceeding in Bankruptcy Court, the Absence of Minimum Contacts with the Forum State Does Not Matter

By Eric Lockridge
November 6, 2024
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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…

Louisiana Law Blog

Common Issues with Maturing Mineral Leases

By Chris Peyton
November 4, 2024
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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…

Louisiana Law Blog

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

By Daniel Bosch & Michael Doggett
October 11, 2024
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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…

Louisiana Law Blog

The U.S. 5th Circuit Broadens the Scope of the Louisiana Oilfield Anti-Indemnity Act (LOAIA)

By Lauren Guichard Hoskin
October 10, 2024
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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.…

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Louisiana Law Blog

Medicare: New Penalties for Failure to Report Effective October 11, 2024

By Laura Rahman
October 8, 2024
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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 Law Blog

Louisiana Remote Sellers Commission Issues Estimated Notices of Assessment and Notices of Intent to Assess With Rapidly Approaching Appeal Deadlines

By Jaye Calhoun, William Kolarik & Divya Jeswant
October 7, 2024
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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…

Louisiana Law Blog

Swifties, Seamheads, and Senators Unite Around Fans First Act

By Alasdair Roberts
October 1, 2024
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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…

Louisiana Law Blog

Employers Brace for January 1, 2025 Overtime Exemption Salary Increase – But Will Litigation Derail the DOL Rule?

By David Whitaker, Sonny Chastain, Mary Love, Chris Dippel & Karen Morgan
September 30, 2024
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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…

Louisiana Law Blog

Should I Stay Or Should I Geaux (By Dismissal)? The Louisiana First Circuit Court of Appeal’s Latest Application of Arbitration Clauses in Crosby

By Crystal Burkhalter & Patrick Betts
September 23, 2024
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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.…

Louisiana Law Blog

PERSONAL LIABILITY OF LOUISIANA BUSINESS OWNERS: Is Your Liability Really “Limited”?

By Bill Caughman & Matthew Meiners
September 19, 2024
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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…

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