Please join us and mark your calendars for our Annual Construction Law Seminar: Dealing With Risk and Uncertainty. The firm will host this annual event for clients and friends of the firm. The webinar will cover a broad range of topics impacting the construction industry, including how to navigate COVID, labor and employment issues, and recent legislation and case law.
Christopher K. LeMieux will be participating in a legal panel at the Louisiana Associated General Contractors Summer Conference. The panelists will discuss recent legal decisions that may impact construction industry. The Conference will be held in Miramar Beach, Florida on July 29-August 2.
In the 2020 Regular Session, the Louisiana Legislature attempted to resolve an apparent circuit split among the First and Fourth Circuit Courts of Appeal by codifying the requirements for a public entity to withhold liquidated damages (LDs) on public projects. House Bill 758 was originally intended to allow LDs to be withheld on all public contracts. However, after much debate, the bill was limited to “flood protection” and “integrated coastal protection” projects.
The U.S. Fifth Circuit, applying Texas law, affirmed a decision to dismiss a case under the doctrine of forum non conveniens, based on a forum-selection clause contained in a document incorporated into the parties’ contract, even though the plaintiff was not aware of the existence of the forum-selection clause. As a result, the Texas company was required to litigate its contractual dispute in Northern Ireland.
Riess LeMieux is pleased to announce that the firm has been ranked in the Top 50 Construction Law Firms in the nation for the second year in a row by Construction Executive, a preeminent construction industry publication. Riess LeMieux is ranked 34th among many older and larger firms across the country, moving up six spots from its 2019 ranking.
The rapidly growing office of Riess LeMieux, LLC, has an opening for a motivated and talented Paralegal with 5+ years of litigation experience. Candidate must have exceptional organizational and communication skills, proficient in MS word, Power Point, Excel, Outlook, and type with speed and accuracy.
Riess LeMieux, LLC, a rapidly growing CBD law firm, is seeking an Attorney with 5+ Years’ experience in Commercial Litigation, with emphasis in Construction Litigation. Strong writing skills including writing motions and memoranda is of the utmost importance.
Occupational Safety and Health Administration (OSHA) has recently issued two enforcement memos regarding COVID-19 in the workplace. These memos will update employers on protocols for recording COVID-19 illnesses that have resulted from exposure in the workplace and provide guidelines for employees when reporting COVID-19 illness or injury. These memos will also include guidance for compliance safety and health officers for investigating workplaces during the emergency.
Legal Update: Golden Spread Electric Cooperative, Inc. v. Emerson Process Management Power & Water Solutions, Inc.
In a recent U.S. Fifth Circuit case applying Texas law, the court cited the economic-loss rule to bar recovery for damage to a steam turbine generator caused by a faulty software upgrade in Golden Spread Electric Cooperative, Inc. v. Emerson Process Management Power & Water Solutions, Inc., 954 F.3d 804 (5th Cir. 2020). Ruling on an unsettled question of law in Texas, the Fifth Circuit was required to make an “Erie guess” as to whether the Texas Supreme Court would apply the economic-loss rule to bar tort recovery for a faulty replacement part that damaged the original product.
Christopher K. LeMieux and Jonathan S. Forester will be hosting an audio webinar with the National Business Institute on June 10, 2020. This webinar will focus on construction issues that can have substantial legal repercussions. It will cover how to troubleshoot these issues and give you the information necessary to find solutions before they escalate. Riess LeMieux regularly provides webinars and seminars for clients on a wide array of legal topics.