Louisiana Second Circuit Upholds Construction Change Order Despite Failure to Comply With Contractual Requirement

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In Driver Pipeline Co., Inc. v. Cadeville Gas Storage, LLC, the Second Circuit Court of Appeal held that a written construction contract may be modified by the parties through oral agreement or their conduct, even when the contract provides that change orders must be in writing. In Driver, the contractor, Driver Pipeline Co., Inc., entered […]


Louisiana Supreme Court upholds enforceability of Forum Selection clauses

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The Louisiana Supreme Court recently upheld the enforceability of forum selection clauses in contracts, clarifying an issue that had divided the state’s appellate courts. In Shelter Mut. Ins. Co. v. Rimkus Consulting Group, Inc. of Louisiana, the Supreme Court granted Rimkus Consulting Group’s exception of improper venue, overturning the decisions of the lower courts on […]


Can Louisiana residents avoid Louisiana Sales and Use tax liability by purchasing Recreational Vehicles with foreign LLC’s?

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The Louisiana Supreme Court has ruled yes. In Thomas v. Bridges, Robert Lane Thomas, a Louisiana resident, admitted he formed a Montana LLC (Angels Rocks, LLC) solely to avoid the Louisiana sales and use taxes (approximately $47,000.00) for the purchase of a recreational vehicle (“RV”). Although the Board of Tax Appeals affirmed the Louisiana Department […]


Louisiana Fourth Circuit Reinforces Strict Application of Louisiana Public Bid Law

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The Louisiana Fourth Circuit Court of Appeal recently ruled that public entities cannot waive any form requirements of a public bid subsequent to the bid’s submission.  In Command Construction Industries, L.L.C. v. City of New Orleans, the Court held that the City of New Orleans improperly awarded a contract to Durr Heavy Construction after Durr […]


When Does a Member of a Limited Liability Company Risk Personal Exposure?

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A recent Louisiana Supreme Court decision, Ogea v. Travis Merritt, et al, provides an extensive analysis of Louisiana’s limited liability company law as it relates to an LLC member’s comprehensive liability to third parties. Ogea v. Travis Merritt, et al, 130 So.3d 888 (La. 12/13/13). In that case, a new homeowner sued her builder, a […]


U.S. Fifth Circuit Court of Appeals Denies BP’s Request for Further Causation Requirement, But Don’t Expect Business Economic Loss Claims to be Paid Anytime Soon

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In a 2-1 decision authored by Judge Leslie Southwick, the U.S. Fifth Circuit upheld Eastern District Court Judge Carl Barbier’s ruling regarding the lack of an additional causation requirement in the Settlement Agreement entered into by BP and the Plaintiffs Steering Committee surrounding damages from the Deepwater Horizon oil spill. BP had argued that a […]


Are your Facebook postings and messages discoverable in a Personal Injury lawsuit?

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With the integration of Facebook, Twitter, LinkedIn, and various other social media websites into our everyday lives, courts across the country have begun facing the issue of admissibility of social media data and information in litigation. A Florida appellate court recently ruled that a plaintiff’s private Facebook data was not relevant in a suit for […]


Louisiana Supreme Court Expounds Upon “Major Structural Defect” Element of the Louisiana New Home Warranty Act

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The New Home Warranty Act (“NHWA”), La. R.S. 9:3141, sets out the exclusive remedies, warranties, and preemptive periods in relation to the rights of homeowners and builders in home construction projects in Louisiana. The NHWA provides for two warranty periods. The first provides that the home will be free from any defect due to noncompliance with […]


Louisiana Second Circuit Court of Appeal Determines Effective Date of “Substantial Completion” on a Private Works Construction Project

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Multiple parties to a construction project are affected by the filing of statements of claim or privilege on immovable property where work, labor, and/or materials are provided. The timely filing of statements of claim or privilege on property often depends upon “substantial completion.” The Notice of Substantial Completion or Notice of Termination of Work is […]


United States Fifth Circuit Court of Appeals Upholds Certification of BP’s Economic Settlement Agreement

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In its most recent ruling regarding the ongoing litigation over BP’s Economic Loss Settlement Agreement in the Deepwater Horizon Oil Spill litigation, the United States Fifth Circuit Court of Appeals upheld Eastern District Court Judge Carl Barbier’s certification of the Settlement Agreement. A group of claimants that “opted-out” of the Settlement Agreement and opposed certification […]