Contributed by Todd Crawford and David Sharpe, our latest blog post covers the recent decision of the United States Court of Appeals for the Fifth Circuit to grant the employer’s request for rehearing en banc…
Read moreThe Lugenbuhl Lending Issues/Forbearance/Restructuring Task Force discusses principles of turnaround management, i.e., turning struggling businesses into successful businesses.
Read moreA tsunami of bankruptcy filings by distressed companies and individuals will likely occur in the coming months. As a result of the Small Business Reorganization Act which came into effect in February 2020 and the recently enacted CARES Act, a sizable portion of those new bankruptcy cases may be individuals and small businesses taking advantage of the new subchapter V of the Bankruptcy Code to make those bankruptcy cases cheaper, easier, and faster. Attached is an update regarding the Small Business Reorganization Act and the temporary modifications to that Act included in the CARES Act.
Read moreOn March 27, 2020 President Trump signed into law the CARES Act, which provides $2 trillion in emergency assistance and relief. Lugenbuhl has summarized key parts of this act that are of concern to its clients. If you would like additional specific information please contact us directly, as we have attorneys dedicated to following this law and other related matters as they develop.
Read moreThis article should serve as a brief and high-level overview of the recent actions of the Federal Government and the State of Louisiana.
Read moreAs a result of state and federal government efforts, the SBA may now make an economic injury declaration for Louisiana and/or any other state requesting assistance.
Read moreA recent decision by the 5th Circuit sets an important precedent as courts continue to face questions concerning the enforceability of indemnity and other reallocation-of-risk clauses.
Read moreContributed by Michael McCoy and Christine Edwards, our latest blog covers three cases regarding the evolution of Uninsured and Underinsured Motorist laws in Texas, specifically in San Antonio.
Read moreContributed by Coleman Torrans, our latest blog post discusses the SBRA and its implications for small businesses.
Read moreA recent decision by the United States Court of Appeals for the Fifth Circuit emphasizes that seafarers must present some credible evidence linking an employer's negligence to an alleged injury.
Read moreContributed by Todd Crawford and David Sharpe, our latest blog post covers the recent Supreme Court decision in a choice-of-law dispute involving the Outer Continental Shelf Lands Act.
Read moreA recent decision by the United States Court of Appeals for the Fifth Circuit supports contracting parties’ rights “to freely engage in sophisticated contractual arrangements” in the State of Louisiana.
Read moreOur latest blog profiles a recent Louisiana Supreme Court decision that Louisiana statutory law does not prohibit enforcement of a forum selection clause in a first-party insurance policy.
Read moreOur latest blog post discusses the importance of reviewing liability insurance policies to ensure full protection against lawsuits.
Read moreAn examination of bankruptcy preference issues, strategies for dealing with preference liability claims and an overview of statutory defenses.
Read moreOur latest blog post covers the recent Supreme Court decision of New Prime v. Oliveira, which addresses Section 1 of the Federal Arbitration Act and its effect on independent contractors.
Read moreGenerally, an insurance policy’s appraisal does not include a provision explicitly requiring that the one party be notified if and when the other party goes to court. In this blog post, our Insurance practice explores whether notice should be required.
Read moreFollowing a split decision between the Fifth and Ninth Circuits, our latest blog post explores the question posed to the U.S. Supreme Court of whether punitive damages are available for unseaworthiness.
Read moreOur newest blog post, contributed by Rebecca Moore from our Houston office, spotlights a recent Texas contractual and extra-contractual claims dispute.
Read moreOur latest blog post discusses the outcome of a recent case resulting from the failure to comply with an examination under oath.
Read moreThis blog post discusses the Ninth Circuit's recently issued decision on the friction between admiralty jurisdiction and bankruptcy jurisdiction in cases involving seized vessels.
Read moreOur latest blog post discusses a recent outcome of a master plan designation between the Port of New Orleans and the City of New Orleans. The issue at hand went beyond a traditional zoning dispute and encompassed constitutional conflicts between the Port and the City.
Read moreOur latest blog post discusses a common occurrence in recent weather-related first-party litigation, involving the inclusion in a lawsuit of local or independent adjusters or consultants in a claim. Among other impacts, their inclusion prevents insurers from removing a state-filed case to federal court.
Read moreAlthough by industry standards a small damages case, USAA Texas Lloyds Company v. Menchaca certainly casts a large shadow in the insurance world. The Texas Supreme Court's decision in December 2017 to rehear the long running bad faith dispute has the potential to significantly impact future bad faith litigation in the State of Texas.
Read moreOur latest blog post examines issues surrounding creditor and debtor rights related to the enforcement of judgments against LLCs, including the charging order statute, a judgment creditor's right to information, rights against single member LLCs and the effect of a bankruptcy filing.
Read moreAccidents can happen on job sites. When they do, lawsuits often follow. This blog post explores the question of who bears financial responsibility when a loss occurs and key considerations when negotiating the terms of a work agreement.
Read moreThe latest bulletins issued by the TDI are of potential interest to property insurers.
Read moreRead more about the latest two bulletins issued by the TDI that are of potential interest to property insurers.
Read moreA fresh look at the claim adjusting standards and regulations in both Louisiana and Texas, including new bulletins and advisories that have been issued in Hurricane Harvey’s wake.
Read moreA summary of the Texas Supreme Court's advisory meant to assist residents of Texas counties affected by the hurricane.
Read moreThe new law makes a few key changes to the procedure for bringing certain property damage claims against insurers and insurance agents.
Read moreAn assessment of the issues in Williams v. Security Plan Fire Ins. Co, including how various sections of the Louisiana Insurance Code were taken into account in the court's decision, and the overall outcome of the case.
Read moreThe recent ruling is an important case in first-party insurance litigation because this discovery tactic has been increasingly utilized and litigated over the past several years.
Read moreThe specter of bank failures remains a significant risk to the U.S. banking system. The recent failure of First NBC Bank reportedly cost the federal government approximately $1 billion and is a reminder of the risks for local banks.
Read moreObjectives for conducting a pre-suit mediation may be to educate the insured and the insured’s attorney on the policy provisions that preclude or limit coverage, or to streamline the issues prior to a suit being filed.
Read moreThe Texas Supreme Court has announced five rules intended to address contractual claims under an insurance policy versus tort claims under the Texas Insurance Code. The rules were set forth in conjunction with the Court’s opinion in the case of USAA Texas Lloyds Company v. Menchaca and are meant to clarify confusion regarding the treatment of statutory bad faith claims in insurance coverage disputes brought before state courts.
Read moreThis article examines the case of Czyzewski v. Jevic Holding Corporation, in which the Court held that a bankruptcy court cannot approve a structured dismissal that allocates value contrary to the priority scheme of the Bankruptcy Code.
Read moreThe facts in this case are familiar to anyone doing property damage work.
Read moreThe two orders govern damage to residential and commercial property respectively.
Read moreThis article looks at how the new federal trade secret law, the DTSA, compares to existing rights under Louisiana’s Uniform Trade Secrets Act, and explains some of the key new provisions in the federal law.
Read moreThis article explores various indemnity- and insurance-related matters pertaining to offshore oilfield operations. It covers topics that illustrate a few of the potential pitfalls when managing risks involved with owning and operating oilfield service vessels.
Read moreThis article examines the latest round of changes for tangible property regulations, or TPRs that may affect Lugenbuhl clients during the 2016 corporate tax filings.
Read moreMalpractice claims filed in Louisiana courts against professional engineers are governed by specific state laws and professional statutes. This article examines issues related to engineering malpractice claims, including the types of claims that can be made against an engineer.
Read moreThis article examines an important section of Texas law known as the Stowers doctrine, which was developed through years of court rulings and establishes insurers’ duties in third-party liability claims.
Read moreAn overview of trademarking and considerations courts take into account when determining a company's rights if its trademark is challenged.
Read moreWith the pace of technology quickening each day, the H-1B work visa program has played an increasingly important role for Gulf Coast employers seeking to meet their need for high-skilled professionals.
Read moreAn overview of the Louisiana Oilfield Anti-Indemnity Act and key considerations when determining its application.
Read moreThough usually complicated and perhaps not preferable, involuntary bankruptcy serves a purpose in protecting both creditors and debtors. Learn more about involuntary bankruptcy and when it's an option in this overview.
Read moreThis is a brief discussion of important issues to consider when faced with increasing pressure to collect on accounts receivable by filing and enforcing liens on oil and gas properties and interests, as well as certain equipment and other property.
Read moreUnderstanding the intricacies surrounding appraisal provisions is important for insurers providing both commercial and homeowners' property insurance coverage.
Read moreA discussion of "additional insured status" and what it means for policyholders and the insurance industry at large.
Read moreWhile there are a number of issues that can affect riverfront real estate development projects in New Orleans, this article will cover a few specific issues that highlight limitations of riparian landowners’ ability to exercise their rights.
Read moreFor consumers interested in purchasing a condominium, there are a number of variables to consider, many of which differ from those associated with the purchase of a home and are unique to buying a condominium.
Read moreThank you for contacting Lugenbuhl, Wheaton, Peck, Rankin & Hubbard. Before you click “Accept” below, please be aware that communication through email or our website does not establish a client-attorney relationship between you and our firm. Please do not send any confidential or privileged information through electronic communications. By clicking “Accept,” you provide us access to the included information and do not consider it confidential.
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