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• Supreme Court Clarifies Definition of a Corporation's "Principal Place of Business" By Bradley C. Myers   The United States Supreme Court recently resolved conflicts among the Circuit Courts about the citizenship of a corporation for determining diversity of citizenship jurisdiction (1). This will allow corporations to analyze with more predictable results whether to remove a case to federal court. In Hertz Corp. v. Friend, et al, No. 08-1107 (February 23, 2010) (a unanimous decision, which is unusual in and of itself), the Court decided that when determining a corporation’s citizenship for diversity of citizenship jurisdiction, the “principal place of business” of the corporation is “the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities”—something that courts have referred to as the “nerve center” of the corporation.Melinda Friend and John Nhieu sued Hertz Corporation in California state court alleging violations of California’s wage and ....
• What does the Transfer of Chinese Drywall Cases by the United States Judicial Panel on Multidistrict Litigation Mean? Throughout 2004–2007 a housing boom along with a series of hurricanes in the Gulf of Mexico combined to create a shortage of drywall in the United States.  Needing drywall to build the homes that were much in demand, suppliers turned abroad. Chinese manufacturers stepped in, providing cheap and readily available material.  This influx of Chinese drywall was concentrated in Florida, Louisiana, and Mississippi; the states most affected by Hurricanes Wilma, Katrina, and Rita.  Since 2006, it has been estimated by some sources that more than 550 million pounds of drywall have been imported from China.  There are reports that some 100,000 homes could possibly be affected nationwide. Reports of the damage caused by Chinese drywall to air conditioning units and appliances as well as health problems associated with it started to surface in 2006.  It has been reported that organic and chemical compounds in certain samples of drywall causes a ....
• Louisiana Legislature directs DHH, the Department of Insurance, and the Louisiana State Licensing Board for Contractors to Study the Effects of "defective Chinese Drywall" By G. Trippe Hawthorne The Louisiana Legislature has adopted House Concurrent Resolution No. 185, authored by Representative Tim Burns.  The resolution urges and requests that the Department of Health and Hospitals and the Deptartment of Insurance, in consultation with the Louisiana State Licensing Board for Contractors, investigate the health risks associated with living in homes that contain drywall imported from China, study the potential homeowners insurance coverage issues, including triggers, endorsements, and exclusions to policies that are related to drywall imported from China, and determine whether such material should be identified as a substandard, unsafe building material.  The resolution goes on to request a report of the findings and recommendations of this study to the legislature prior to the convening of the 2010 regular session. A copy of the enrolled version of the resolution can be seen here: Download file ....
• Growing Trend of Benzene Exposure Claims by Erich P. Rapp Any industry manufacturing or even using products with even trace levels of benzene should be aware of the growing trend among trial attorneys to bring benzene exposure claims. It may be nearing the time for companies to undertake aggressive efforts to reduce or eliminate potential exposure to these types of claims  Several recent blogosphere entries suggest that three women from Florida, New Jersey, and Kansas have sued The Sunny Delight Beverages Company, Pepsico, Shasta (National Beverage Company), and the Rockstar Energy Drink Co. claiming that some of their soft drink products contain ingredients that can combine to form benzene when exposed to heat and light. The suits were said to have been filed in the summer of 2006. The women are said to be represented by Boston attorney Andrew Rainer. Numerous recent web accounts suggest that Coca Cola settled benzene related claims in May 2007. Is this type of ....
• New Trace Benzene Study To Be Published by Erich P. Rapp During a presentation at the Defense Research Institute’s Toxic Torts and Environmental Law Seminar in New Orleans on Friday March 9, 2007, Dr. Pamela Williams of ChemRisk, Inc. indicated that she was preparing to publish a study on the potential for exposure to benzene from products containing trace (less than 0.1%) levels of benzene. Her study will likely conclude that measured airborne concentrations of benzene during the handling or use of petroleum-derived products in the United States have typically not exceeded workplace standards since at least the early 1980's. The Williams’ study will also likely conclude that indoor air modeling shows that workplace exposures are likely to be minimal during the application of products containing trace levels of benzene. Finally, the Williams study will likely conclude that petroleum-derived products containing trace levels of benzene are not expected to produce 8-hour TWA airborne concentrations that exceed ....
• Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups - New Orleans Office Triples in Size Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, LLP, have joined the firm in the New Orleans office. "We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our offices are located in Louisiana's major port cities --- New Orleans, Baton Rouge and Lake Charles -- and this esteemed group brings over 150 years of combined experience in maritime issues, admiralty law, marine insurance, oil & gas, drilling and exploration, pipelines, construction, and energy law to our clients." said Gary A. Bezet, managing partner of the 121-lawyer firm. The new group from Lemle & Kelleher nearly triples the size of Kean Miller's New Orleans office from 7 attorneys to 19 attorneys. The strategic acquisition builds on Kean Miller's position as the largest law firm in the Capital Region, and strengthens Kean Miller's regional ....
• The "Act of God" Defense Under Select Environmental Programs Applicable in Louisiana By Esteban Herrera Reproduced with permission from Toxics Law Reporter, Vol. 20, No. 47, pp. 1067-1069 (Dec 8, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com In the wake of two hurricanes, many Louisiana industries, businesses, and citizens are left with a monumental task of cleaning up the damages caused by the storms. Many Louisianians also face the somewhat unknown future of what potential liability lies ahead under various environmental statutes and programs. After the storms, the State of Louisiana and the federal government temporarily eased many requirements under various environmental regulatory programs so that immediate actions could be taken to preserve property and protect lives. Significant questions remain, however, as to how these agencies are going to use their enforcement discretion in the future with respect to events that occurred during and after the storms. The "act of God" defense is found in many state and federal ....
• Wind Versus Flood Coverage and Hurricane Katrina By Mark D. Mese Reproduced with permission from Class Action Action Litigation Report, Vol. 6, No. 21, pp. 795-797 (Nov 11, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com The damages caused by Hurricane Katrina in Louisiana, Mississippi, and Alabama constitute the largest natural disaster in U.S. history. Hurricane Katrina's impact on insurers and their policyholders have already set in motion what will probably be one of the largest legal and public policy storms to hit the United States in modern times. Nowhere will the storm be more evident than in disputes involving wind and water damage coverage. The eye of the coverage storm is already manifesting itself in coastal areas of Louisiana, Mississippi, and Alabama. Insurers providing property and homeowner coverage in Katrina affected areas are taking the position in many cases, that most if not all of a policyholder's damages resulted from rising water flooding, thus resulting damages ....
• Nature's Fury or Human Blunder? The 'Act of God Defense' in Louisiana By Glenn M. Farnet Reproduced with permission from Class Action Action Litigation Report, Vol. 6, No. 21, pp. 793-795 (Nov 11, 2005). Copyright 2005 by The Bureau of National Affairs, Inc. (800-372-1033). http://www.bna.com Katrina has already spawned a hurricane of lawsuits. These suits include: suits by individuals who claim they were injured by hazardous substances that leaked from storage facilities, refineries, or pipeline facilities; suits by individuals who claim that oilfield production and pipeline activities caused wetland damage that exacerbated the effects of hurricane Katrina; and suits by individuals who claim faulty levees caused the widespread flooding that followed in the days after Katrina made landfall. All of these suits have a common thread: each will require the courts to determine whether the damages sued upon resulted from nature's fury or human blunder. Louisiana, like many other states, recognizes the general principle that an "act of God" can be a complete ....
• The Lone Pine Order As a Case Management Tool for Complex Litigation By Glenn M. Farnet The past twenty years has seen a dramatic increase in the volume of mass tort and other forms of complex litigation. As the volume of litigation has grown, so too have the burdens on the judiciary and the litigants. To address this growing problem, it is imperative that modern adjudicatory tools be adopted to achieve the goal of securing the just, speedy, and inexpensive determination of every action. One such case management tool that has developed in the context of mass tort litigation - but that can be equally effective in other types of litigation - is the Lone Pine Order. The term "Lone Pine order" refers generically to a case management order that requires the plaintiffs in potentially large or complex cases to: (1) specifically define their alleged injuries and/or damages; and (2) demonstrate at the outset some minimal level of evidentiary support for key components of their claims, usually causation of damages. The traditional rationale for such orders is ....
• Post-Katrina Energy and Environmental Briefings from Kean Miller As a service to the community and its clients, Kean Miller will present a Post-Katrina Energy Industry Forum on Thursday, October 13th. In addition, the firm will host its Louisiana Environmental Forum on Friday, October 14th. These two important industry events are part of a week-long breakfast briefing series designed to provide innovation, insight and ideas for business and industry in Louisiana. These breakfast briefing events will be held at Drusilla Place, 3482 Drusilla Lane (Jefferson Highway at I-12 in Baton Rouge). Powering Up: A Discussion about the Future of the Louisiana Energy Industry Thursday, October 13th 7:15 a.m. - 9:30 a.m. Networking Breakfast 7:15 a.m. - 8:00 a.m. Katrina's Effect on the Energy Industry in Louisiana 8:00 a.m. - 9:00 a.m. Panelists: Don Briggs, Louisiana Independent Oil & Gas Association; Dr. David Dismukes, LSU Center for Energy Studies; Jim Porter, Louisiana Mid-Continent Oil & Gas Association; Dane Revette, La. Dept. of Economic Development, ....
• United States Eastern District Court Closes Until Further Notice Per its website at http://www.laed.uscourts.gov, the United States District Court for the Eastern District of Louisiana has closed until further notice, and has suspended "all deadlines and delays in matters pending before this court...until ordered otherwise." ....
• Louisiana In-House Counsel Rule Deadline Approaching By Lolly White In-house counsel who are employed in Louisiana but are not licensed to practice law here have until July 1, 2005 to file an application for limited licensure to practice under the Louisiana Supreme Court's new In-House Counsel Rule. Louisiana Supreme Court Rule XVII, Section 14, provides that a lawyer who is admitted and authorized to practice law in another state or territory may receive a limited license to practice law in this state when the lawyer is employed in Louisiana as a lawyer exclusively for a corporation, its subsidiaries or affiliates and/or a business which consists of activities other than the practice of law if the lawyer has filed an application for a limited license with the Committee on Bar Admissions. The Committee on Bar Admissions is comprised of 15 active members of the Louisiana State Bar Association who are appointed by the Louisiana Supreme Court. Click here for the application for Limited Licensure As In-House Counsel. This application, ....
• Louisiana Supreme Court Adopts Important Pro Hac Vice Rule for Louisiana Litigation By Charles S. McCowan, Jr. The Louisiana Supreme Court recently adopted a new Rule XII Section 13, governing the participation by out of state attorneys in Louisiana litigation. Often, guest attorneys desire to participate in Louisiana cases on a pro hac vice basis. The new rule governs such participation. Read more. ....