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Building Success: Riess LeMieux Client Prevails in $90 Million Bid Dispute at Louisiana Supreme Court

By |2020-12-11T09:01:42-06:00December 11, 2020|

The project involved repair and mitigation construction services at the Main Campus for the Louisiana State University Health Sciences Center in New Orleans.  The project was publicly advertised for bids by the State of Louisiana, Division of Administration. The lowest monetary bidder was determined to be ineligible for the award due to unit-price errors on its bid form. The firm’s client had submitted the second lowest monetary bid, which the DOA determined to be responsive.  As a result, the DOA awarded the project to the firm’s client as the lowest responsive bidder.

Legal Update: Berkel & Co. Contractors, Inc. v. Lee (Nov. 2020)

By |2020-12-08T10:37:03-06:00December 8, 2020|

In a recent decision concerning the Texas Workers’ Compensation Act (TWCA), the Texas Supreme Court emphasized the high bar plaintiffs must meet to satisfy the narrow “intentional tort” exception in the statute.  As in many other states, a Texas worker’s injuries sustained during the course of employment are exclusively governed by the TWCA.  The only exception that would allow a worker to sue an employer for damages outside the purview of the TWCA is if the employer intentionally caused the worker’s injuries.  The Texas Supreme Court ruled that an employer who commits gross negligence or deliberately ignores a risk of injury to an employee does not meet the definition of “intentional” under the TWCA.

Riess LeMieux Ranked in 2021 “Best Law Firms”

By |2020-11-10T10:33:31-06:00November 9, 2020|

Riess LeMieux has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” regional lists. The firm has been ranked Tier 1 for Construction Law and Litigation and Tier 3 for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Firms included in the 2021 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. This announcement follows the news that four attorneys were recently selected to Best Lawyers 2021 publication.

Riess LeMieux Names Michael S. Blackwell Partner in the Firm

By |2020-10-30T14:04:10-05:00October 30, 2020|

We are proud to announce that Michael S. Blackwell has been named partner in the firm. He brings experience in Commercial Litigation, Construction Law, Governmental Contracts and Surety Law, and Real Estate Law and regularly lectures on these matters.  Michael was named to both the 2021 Super Lawyers Rising Stars list and the 2021 Edition of Best Lawyers in America.

Riess LeMieux Welcomes M. Ali Barnes to the Firm

By |2020-10-14T12:32:46-05:00October 14, 2020|

Riess LeMieux is pleased to welcome Ali Barnes to the firm.  Ali brings to the firm experience in construction law, commercial litigation, employment and labor law, transactional law, and insurance law.  She has previously served as a prosecutor and as an Assistant City Attorney in Mobile, Alabama.  She also has worked for a family business on complex estate, trust, and insurance matters.

Legal Update: Proposed Department of Labor Rule

By |2020-10-08T10:32:31-05:00October 8, 2020|

The Department of Labor recently issued a proposed rule to determine whether workers are considered employees or independent contractors.  If adopted, the new five-factor test will implement an updated standard by which companies must classify workers as either employees or independent contractors for the purpose of workers’ compensation and labor laws.

Legal Update: Yor-Wic Construction Co., Inc. v. Engineering Design Technologies, Inc., et al. (July 2020)

By |2020-09-23T15:47:42-05:00September 21, 2020|

The U.S. District Court for the Western District of Louisiana recently issued a ruling that clarifies the liability of a surety when a claimant gives late notice of a loss and also made clear the duty of a commercial general liability (“CGL”) carrier to indemnify its insured for an economic-loss claim. In Yor-Wic Construction Co., Inc. v. Engineering Design Technologies, Inc., No. 17-0224, 2020 WL 3964775 (July 13, 2020), Yor-Wic, a subcontractor, was denied the opportunity for a subcontract and subsequently brought a lawsuit against the surety and the general contractor.

Riess LeMieux Welcomes Patrick “Trey” Talley to the Firm

By |2020-08-18T08:52:23-05:00August 17, 2020|

Riess LeMieux is pleased to welcome Patrick "Trey" Talley to the firm. Trey is a recent graduate from the Paul M. Hebert Law Center at Louisiana State University and also has a Structural Engineering degree from Clemson University. The firm is excited about his technical experience that will allow him to assist in advising clients on construction-related issues.

Legal Update: Golden Spread Electric Cooperative, Inc. v. Emerson Process Management Power & Water Solutions, Inc.

By |2020-05-26T13:03:43-05:00May 26, 2020|

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.  

Indemnity, Change Orders, and More: Top Construction Legal Issues and Answers Audio Webinar

By |2020-05-22T16:17:08-05:00May 12, 2020|

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.

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