News and Events
Legal Update: World War II Theatre, Inc. v. Desimone Consulting Engineering Group, LLC, et al. (April 2021)
A federal court recently considered the admissibility of expert testimony in a dispute between the owner of the World War II Museum hotel and several project consultants concerning delays allegedly caused by design errors. In World War II Theatre, Inc. v. Desimone Consulting Engineering Group, LLC, et al., the U.S. District Court for the Eastern District of Louisiana ruled on competing motions to exclude expert testimony.
OSHA Update
OSHA recently issued new FAQs concerning employers who may require employees to be vaccinated. Adverse reactions to the vaccines are considered “work-related” by OSHA. Employers who require COVID-19 vaccines must notify OSHA within 24 hours of an employee’s inpatient hospitalization (or within eight hours of an employee’s death) resulting from an adverse reaction.
Legal Update: Jones v. Michaels Stores, Inc. (March 2021)
Is an arbitrator’s disregard of the law a valid basis to overturn an arbitration award? A federal appeals court recently reiterated that “manifest disregard of the law” is not a proper basis for a court to overturn an arbitration award. In Jones v. Michaels Stores Inc., the U.S. Fifth Circuit held that arbitration awards may only be vacated for the reasons set forth in the Federal Arbitration Act, 9 U.S.C. § 10 (FAA), which does not include manifest disregard of the law.
How to Explain Liens & Notices to Customers
Jonathan S. Forester explains the importance of having policies in place for notices and liens if you are a construction business, which will help manage financial risks. Please check out our resources page for more Riess LeMieux content.
Legal Update: Hinojos v. State Farm Lloyds, et al. (March 2021)
The Texas Supreme Court recently handed down an important decision relating to insurer’s duty to make payment to an insured under the Prompt Payment of Claims Act. In Louis Hinojos v. State Farm Lloyds, et al., the Texas Supreme Court held that an insurer is not absolved of its statutory liability when it pays only part of a claim within the statutory deadline set forth in the statute.
Legal Update: Weber v. BNSF Railway Company (Feb. 2021)
A recent federal court decision reiterates the importance of employers enforcing employee attendance policies to defend against potential lawsuits. In Weber v. BNSF Railway Company, the U.S. Fifth Circuit affirmed summary judgment disposing of an employee’s failure-to-accommodate claims under the Americans with Disabilities Act (ADA), holding that regular worksite attendance, notwithstanding a diagnosis of epilepsy, was an essential job function.
Michael Blackwell Named as Chair of the NOBA Construction Law Committee for the Fourth Year
Riess LeMieux commends partner Michael Blackwell for being recognized on the cover of the New Orleans Bar Association’s monthly publication Briefly Speaking. Michael has served as the Chair of the NOBA Construction Law Committee for four consecutive years.
Christopher LeMieux Presents How Bankruptcy Impacts Construction Projects With Levelset
On March 25, 2021 Christopher K. LeMieux and Michael D. Lane presented a free webinar with Levelset. The webinar, titled How Bankruptcy Impacts Construction Projects, covered the repercussions of an owner, general contractor, subcontractor, or supplier declaring bankruptcy during a project.