View Recent Blog Posts in Class Action Litigation

  • U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding By Brittany Buckley Salup Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana.  The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, [...] Continue Reading... ....
  • The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays By Claire Juneau On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows: Liberative prescription and peremptive periods continue to [...] Continue Reading... ....
  • Pending Arbitration Agreements Rule: What Does This Mean For Your Company? By Edward H. Warner and Linda Perez Clark On Thursday, May 5, 2016, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rules that would fundamentally change the way certain businesses contract with consumers.  Among other actions, the proposed rule would eliminate class action waivers from pre-dispute arbitration clauses and agreements for certain [...] Continue Reading... ....
  • The Final OT Rules Are Out – Time For Action! By Brian Carnie The wait is over (for better or worse) – the DOL has released its final rule concerning  changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). Under the final rule, the DOL has increased the minimum salary threshold that must be [...] Continue Reading... ....
  • The Medicare Secondary Payer Act And Mandatory Reporting Requirements: Driving Through the Fog By Barrye P. Miyagi The Medicare laws have undergone significant changes. With the relatively new reporting regulations and the focus on compliance, litigators must implement new procedures in their practice.  Many companies are establishing guidelines to obtain information needed to comply with the Medicare Secondary Payer Act (“MSP”) and the Medicare, Medicaid and SCHIP Extension [...] Continue Reading... ....
  • Insurance Coverage of Environmental Disasters By Mark D. Mese The purpose of this post is to provide insureds with general information that will assist them in recognizing important facts and issues related to insurance coverage of environmental disasters. The primary areas addressed include (1) understanding the general types of potential insurance coverage; (2) recognizing environmental disasters; (3) deciding what to [...] Continue Reading... ....
  • Contractual Indemnity Coverage Under Someone Else’s Insurance Policy May Provide Coverage in Unexpected Places By Todd Rossi and Mark Mese Almost everyone knows insurance policies provide a defense and indemnity for insureds, if the terms and conditions of the insurance policy are met. Insureds include named insureds, other insureds (as defined by the policy) or additional insureds as provided by endorsement. However, insurance policies may also provide payment and [...] Continue Reading... ....
  • DHH Settles Class Action Suit Pertaining to Reduction of Service Hours for Medicaid LT-PCS Program By Deborah J. Juneau The Louisiana Department of Health and Hospitals (“DHH”) has settled a class action lawsuit filed on behalf of Medicaid beneficiaries receiving Long Term Personal Care Services (“LT-PCS”). The class action is pending in the U.S. District Court, Middle District of Louisiana. The presiding federal judge has issued preliminary approval of the [...] Continue Reading... ....
  • Kean Miller Releases Practical Digest of Louisiana Class Action Decisions Kean Miller LLP is pleased to announce the release of the ninth edition of the Practical Digest of Louisiana Class Action Decisions.  The digest is produced by Charles S. McCowan, Jr., Bradley C. Myers, Gerald E. Meunier (Gainsburgh, Benjamin, David, Meunier & Warshauer), and Thomas F. Daley (District Attorney of the 40th Judicial District).  The [...] Continue Reading... ....
  • The Cy Pres Doctrine: A Settling Concept By Charles S. McCowan, Jr. and Calvin C. Fayard, Jr. Following a class action or mass joiner settlement certain funds are often unable to be distributed to individual class members.  Either class members do not come forward to file the necessary proof of claim to qualify for an allocation and distribution, the allowed claims do not [...] Continue Reading... ....