Riess LeMieux is pleased to welcome Margaret N. Davis to the firm. A graduate of Tulane University Law School, her experience includes securities, maritime, and commercial litigation. During law school, Margaret served as Managing Editor of the Tulane Maritime Law Journal and was a semifinalist on the Admiralty Moot Court team. She also served as a judicial intern at the United States District Court for the Southern District of Mississippi. Margaret is also a legal writing instructor in business law at Tulane’s Freeman School of Business.
The Louisiana Supreme Court rendered a split decision that will have major ramifications for insureds in Louisiana. The court’s decision in Creekstone Juban I, L.L.C. v. XL Insurance America, Inc., (La. May 8, 2019), permits insurance policies to require any litigation be brought in another state, even if the policy was issued in Louisiana covering losses occurring in Louisiana.
A recent federal court decision has significant ramifications for the validity of oral change orders and the enforceability of no-damages-for-delay clauses in construction contracts. In Alonso v. Westcoast Corp. (5th Cir. April 8, 2019), the U.S. Fifth Circuit addressed several areas of Louisiana construction law that directly impact how contractors prepare their contracts and administer their projects.
July 24-27, 2019
The preference to hire independent contractors instead of employees has become more common in many industries, as the line that divides employees and independent contractors has continued to blur. In a suit brought under the Fair Labor Standards Act (FLSA), the U.S. Fifth Circuit recently provided guidance on the distinction between “employee” and “independent contractor” by underscoring the importance of the workers’ economic independence.
Mike Lane and Jon Forester presented to the Gulf Coast Chapter of CMAA on Friday, March 29. The presentation, titled: "How to Keep Your Foot Out of Your Mouth: The Do’s and Don’ts of Deposition Testimony", helped attendees learn the rules of depositions and best practices on conducting themselves and testifying.
Chris LeMieux and Jon Forester spoke at the March Lunch Meeting of the CFMA of Greater New Orleans on March 27. The topic of their presentation was "Protecting Your Money - Contract Provision Primer".
In a decision interpreting the notice requirements of the Louisiana Public Works Act (LPWA), the U.S. Fifth Circuit ruled that a sub-subcontractor’s email to a general contractor’s lawyer does not meet the notice requirements of the statute.