Louisiana Law Blog
The Louisiana Law Blog has "insight and information on Louisiana law, litigation and legal culture."
Author: The blawg is published by Kean Miller Hawthorne D'Armond McCowan & Jarman, a Louisiana law firm with offices in Baton Rouge, New Orleans, Lake Charles and Plaquemine.
Blawg Related Categories: Appellate Practice • Constitutional Law • Health Law • Insurance Law • Katrina • Tort Law • Trusts & Estates • States • Louisiana • Business Law
Recent Posts from Louisiana Law Blog
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Louisiana Supreme Court Holds That Act 312 is Applicable to Legacy Lawsuits and is Constitutional - M.J. Farms, Ltd. v. Exxon Mobil Corporation, No. 07-CA-2371
by Katherine K. Green and Richard D. McConnellThere are scores of oilfield contamination cases, coined “legacy lawsuits,” in which landowners claim that their property has been contaminated by historical oil and gas exploration and production…
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CMS Issues Stark Law Advisory Opinion on Physician Ownership and the Rural Provider Exception to the Stark Law
by Clay J. CountrymanThe Centers for Medicare and Medicaid Services (“CMS”) recently issued on June 8, 2008 an advisory opinion in which CMS addressed whether a proposed physician ownership in a diagnostic center complies with…
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Louisiana Decision on Sale of Minority LLP Interest Absent Liquidation Has Health Care Provider Implications
by Linda G. RodrigueOn April 16, 2008, the Louisiana Third Circuit Court of Appeal upheld a trial judge’s application of a 35% minority discount in determining the fair market value of the interest of a…
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OSHA Site-Specific Targeting of 3,800 High Hazard Workplaces Recently Announced
by Laura L. Hart On May 19, 2008, OSHA Directive Number 08-03 became effective. That directive provides the criteria by which OSHA will conduct the 2008 Site-Specific Targeting (“SST-08”) plan. OSHA’s SST program is the…
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Keeping Up With Spill Prevention, Control, and Countermeasure Regulations
By T. Shane SandeferSeveral developments concerning the Spill Prevention, Control, and Countermeasure (SPCC) regulations occurred in 2006 and 2007. Thoughtful planning and continued tracking of these developments will be necessary to ensure compliance. EPA revised…
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CMS Issues Stark Law Advisory Opinion on Hospital Providing Software Interface to Physicians
By Clay J. CountrymanOn May 30, 2008, the Centers for Medicare & Medicaid Services (CMS) issued an Advisory Opinion regarding a proposed arrangement under which a hospital system would license a custom software interface for…
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Louisiana Supreme Court Rehears Borel v. Young
By Deborah JuneauThe Louisiana Supreme Court recently held in Borel v. Young that La. R. S. 9:5826(A) provided for both a one year prescriptive period and a three year peremptive period to file a claim…
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Refusal to Hire Impaired Worker Not Disability Bias Under ADA
By Terry McCayIn a recent decision from the federal court for the Southern District of Texas, a refinery’s refusal to hire an applicant who admitted to having weakness on the right side of his body…
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Recent Daubert Challenges to Experts in Environmental Litigation
By Esteban Herrera and Richard McConnellEnvironmental litigators face unique challenges in dealing with the expert phase of a lawsuit. For example, a lawsuit involving alleged environmental contamination of soil, groundwater, or surface waters may require…
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A Vessel Under Construction is (Still) NOT a Vessel
by Michael J. O'BrienIn the recent case of Cain v. Transocean Offshore USA, Inc., et al., No. 05-300963, the United States Court of Appeals for the Fifth Circuit affirmed its long standing decision that a…