View Recent Blog Posts in Toxic Tort 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... ....
  • Update: Punitive Damages – “One Bite of the Apple” or Exception to Res Judicata By Tyler Moore Kostal As previously reported, the Louisiana Supreme Court heard oral argument in Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., regarding the dispute as to whether claims for punitive damages are barred by res judicata. The court recently issued opinions in these cases. To [...] Continue Reading... ....
  • Punitive Damages: “One Bite of the Apple” or Exception to Res Judicata By Tyler Moore Kostal The Louisiana Supreme Court recently heard oral argument in two cases, Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., both involving a plaintiff’s damages for potential exposure to naturally occurring radioactive material (NORM). This is the second lawsuit for both plaintiffs against the [...] Continue Reading... ....
  • Louisiana Supreme Court Grants Writ to Resolve Circuit Split for Survival Statute By Tyler Moore Kostal Recently, the Louisiana Supreme Court granted a writ application to the Fourth Circuit Court of Appeal in Watkins v. Exxon Mobil Corporation, et. al.—an action involving plaintiff’s damages from decedent’s potential NORM (i.e., naturally occurring radioactive material) exposure. The central issue before the court is whether the one-year period to bring a [...] Continue Reading... ....
  • OSHA Seeks Public Comment On Proposed Online Whistleblower Complaint Form By Scott D. Huffstetler The Occupational Safety and Health Administration (OSHA) is seeking public comments regarding a proposal for a new online whistleblower complaint form. The form, which would allow whistleblowers to electronically submit whistleblower complaints directly to OSHA, is part of OSHA’s proposal to revise the information collection requirements for handling retaliation complaints filed [...] 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... ....
  • Louisiana Supreme Court Rejects Application of Punitive Damages in Toxic Tort Case By Bradley C. Myers, Charles S. McCowan, Jr., and M. Dwayne Johnson The Louisiana Supreme Court recently issued a major decision in favor of industry by reversing the rulings of a trial court and an appellate court that found plaintiffs in a toxic tort case were entitled to an award of punitive damages based on [...] 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... ....