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  • Article

    Federal Court Refuses To Enjoin FTC Non-Compete Clause Rule

    In April 2024, the Federal Trade Commission issued its final Non-Compete Clause Rule, 16 C.F.R. § 910.1-.6, prohibiting new non-compete clauses and requiring employers to rescind existing...
    United StatesEmployment and HR
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Louisiana Ends Pure Comparative Fault: Key Changes Ahead For Tort And Wrongful Death Litigation

    On May 28, 2025, Governor Jeff Landry signed HB 431, amending Louisiana Civil Code Article 2323 and officially ending the state's pure comparative fault system. This change is part of a broader tort reform initiative.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Monumental Changes For Litigators And Insurance Companies In Louisiana: State Adopts Two-Year Prescriptive Period For Tort Claims And Claims Related To Damage Of Immovable Property

    Since 1825, plaintiffs in Louisiana have had one year from the date of loss to file suit in a court of competent jurisdiction for delictual (tort) actions and actions based on damage to immovable property.
    United StatesInsurance
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Louisiana Supreme Court Strikes Down 'Lookback Window' For Child Sex Abuse Victims

    On March 22, 2024, the Louisiana Supreme Court struck down a law that allowed victims to file civil lawsuits over sexual abuse that happened decades ago.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Significant Upcoming Changes From Louisiana Direct Action Reform Bill

    The Louisiana Legislature recently enacted legislation that significantly alters Louisiana Revised Statute §22:1269, commonly known as the Louisiana Direct Action Statute.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    AI Meets The Courtroom: Louisiana Sets Ground Rules For Artificial Evidence

    House Bill No. 178 by Representative Mike Johnson of Pineville, Louisiana introduced several amendments to various articles of the Civil Code and Code of Civil Procedure.
    United StatesTechnology
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Don't Get Kicked To The Curb

    On October 5, 2023, in SXSW, L.L.C. v. Federal Insurance Company, 82 F.4th 405 (5th Cir. 10/5/23), the U.S. Fifth Circuit on its own motion (sua sponte) questioned...
    United StatesCorporate/Commercial Law
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    EEOC Issues Proposed Updated Workplace Harassment Guidance To Protect Workers

    On September 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) proposed its updated workplace harassment guidance to protect workers.
    United StatesEmployment and HR
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Expert Reports: Read Carefully Before You Produce Them!

    Expert reports are common in scientifically complex cases. Every practitioner, regardless of experience level, must read an expert's report carefully before production.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Subpoenas Duces Tecum To Defense Experts

    Although discovery is generally permissive, Louisiana courts have been unwilling to allow parties to obtain unlimited information from a defense expert witness
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    The Evolving Landscape Of Kitchen Countertop Silicosis Litigation In The U.S.

    Silicosis cases are making a comeback in toxic tort litigation. Engineered quartz stone is designed with over 90% crystalline silica content, and just ask your neighbor with the new house-it is very popular.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Removal And Diversity Jurisdiction For LLCs

    "Is this action removable?" This is one of the first questions any defense counsel should be asking themselves upon receipt of a new case that is pending in a state court.
    United StatesCorporate/Commercial Law
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Louisiana Supreme Court Holds That An Insurer May Suspensively Appeal A Judgment Up To Its Policy Limits Without Posting The Excess Amount

    The Louisiana Supreme Court recently ruled that an insurance company can suspensively appeal the amount of the judgment representing...
    United StatesInsurance
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Arbitration Agreements In Foreign Insurer's Surplus Line Policies

    Due to the significant volume of homeowner's insurance lawsuits filed in the aftermath of Hurricane Ida, a critical legal issue has surfaced in Louisiana federal district courts and the U.S. Fifth Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Recent First Circuit Decision Helpful For Design Professionals Asserting Peremption As Defense To Untimely Claims

    Architects and engineers should be aware of a peremption statute that may bar untimely claims against them.
    United StatesReal Estate and Construction
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Timely Notice Required: U.S. Fifth Circuit Affirms District Court's Denial Of Coverage Due To Prejudicial Delay By Insured To Inform Carrier Of Claim

    In the case of Champagne v. A & T Maritime Logistics, Inc., et al., the Fifth Circuit upheld the district court's decision to deny insurance coverage due to the insured's delayed notification...
    United StatesTransport
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Unequivocal Intended Benefit: Protecting Subcontractors And Design Professionals Under The AIA's Subrogation Waiver

    Subrogation is a legal principle which allows one person, called the subrogee, to be substituted to the rights of another, called the subrogor.
    United StatesCorporate/Commercial Law
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Mandatory Temporal Limits: Louisiana Legislature Clarifies That Any Challenge To Expert Qualifications And Methodology Requires A Hearing Sixty Days Prior To Trial

    Article 1425(F) of the Louisiana Code of Civil Procedure governs challenges to the admissibility of expert testimony. An amendment to Article 1425(F)...
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Chevron Is Out Of Style

    On June 28, 2024, the Supreme Court issued its highly anticipated ruling overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., 467 U.S. 837.
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP
  • Article

    Louisiana Supreme Court Rules Amazon Is A Seller Under Louisiana's Products Liability Act

    In Pickard v. Amazon.com, Inc., 2023-01596, 2024 WL 3218633, decided in June of 2024, the Louisiana Supreme Court held that, under Louisiana's products liability law...
    United StatesLitigation, Mediation & Arbitration
    Deutsch Kerrigan LLP
    Deutsch Kerrigan LLP

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