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- Should Online Marketplace Operators Fear Being Liable for All of Their Sellers? An Overview of the Louisiana Supreme Court's Pickard v. Amazon Decision A recent 4–3 majority decision [1] from the Louisiana Supreme Court exposes market intermediaries to potential liability for damages caused by products sold by sellers using their platform. In June 2024, the Louisiana Supreme Court answered two certified questions from the United States District Court for the Western District of Louisiana concerning the liability facing... Continue Reading...
- United States Supreme Court Reverses California Supreme Court Decision that Extended the Jurisdictional Reach of State Courts The United States Supreme Court recently issued an opinion which significantly limits the ability of a state court to assert personal jurisdiction over non-resident defendants. This ruling is hardly a surprise and is consistent with the Court's recent decisions in BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (2017) which reaffirmed the court's commitment... Continue Reading...
- U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding Chief Judge Brian Jackson issued an "Omnibus Order Suspending All Deadlines" for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana. The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, 2016 due to historic... Continue Reading...
- The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows: Liberative prescription and peremptive periods continue to be suspended throughout... Continue Reading...
- Louisiana Rejects Negligent Spoliation of Evidence as a Tort Claim The Louisiana Supreme Court recently determined that there is no tort liability for negligent spoliation of evidence. "Regardless of any alleged source of the duty, whether general or specific, public policy in our state precludes the existence of a duty to preserve evidence. Thus, there is no tort." Reynolds v. Bordelon, No. 2014-2362, — So.3d... Continue Reading...
- Eleventh Circuit Finds No Inference of a Product Defect Under Florida Law When the Product Was Saved and Available for Inspection In Cannioto vs. Louisville Ladder, Inc., Civil Action No.: 09-1892 TBM (M.D. Fla. 2011), the plaintiff was severely injured when he fell off of a 24 foot aluminum extension ladder manufactured by Louisville Ladder and sold by Home Depot. The plaintiff filed suit in the United District Court for the Middle District of Florida, Tampa... Continue Reading...
- Kean Miller Releases Practical Digest of Louisiana Class Action Decisions Kean Miller LLP is pleased to announce the release of the ninth edition of the Practical Digest of Louisiana Class Action Decisions. The digest is produced by Charles S. McCowan, Jr., Bradley C. Myers, Gerald E. Meunier (Gainsburgh, Benjamin, David, Meunier & Warshauer), and Thomas F. Daley (District Attorney of the 40th Judicial District). The... Continue Reading...
- First Circuit Court of Appeals Issues Appellate Decision in Connection with the Louisiana New Home Warranty Act and its Application to Chinese Drywall Claims The Louisiana First Circuit Court of Appeals has issued the first Appellate Court decision dealing with the Louisiana New Home Warranty Act and its application to Chinese Drywall claims in the case of Jennifer L. Caminita, wife of/and Frank L. Caminita v. Regina, wife of/and Barney Core, Smith and Core, Inc., et al., State of... Continue Reading...
- IRS Issues Safeharbor Relief for Those Impacted by "Chinese Drywall" On September 30, 2010, the Internal Revenue Service issued guidance providing relief to homeowners who have suffered property losses due to the effects of certain imported drywall installed in homes between 2001 and 2009. In particular, the IRS issued Revenue Procedure 2010-36 which enables affected taxpayers to treat damages from corrosive drywall as a casualty... Continue Reading...
- Recent Developments in E-Discovery in Louisiana Electronic Discovery, or "E-Discovery", is not considered the "novel issue" it once was. However, E-Discovery still presents problems that litigants and courts struggle with. Below is a summary of recent Louisiana Federal Court opinions dealing with the issues surrounding E-Discovery. In Frees, Inc. v. McMillian, 2007 WL 184889 (W.D. La. Jan. 22, 2007), the Western... Continue Reading...
