Governor Bobby Jindal recently signed House Bill 291 into law, prohibiting underage drinking in waterways. The new law also increases fines for the careless operation of a watercraft and imposes penalties for flight from an officer on water. Until this legislation, uncertainty existed as to whether the State’s underage drinking…
The United States Supreme Court awarded Wal-Mart a a victory recently when the Court rejected a class of 1.5 million workers alleging sex discrimination against the company. The Court held that the workers failed to prove “questions of law or fact common to the class” under Federal Rule of Civil…
The Supreme Court insulated generic pharmaceutical companies from state failure to warn claims concerning inadequate labeling last week. The Court held that federal law preempted generic drug makers from consumer state law claims that assert generic drug makers’ failure to include adequate warning labels about possible side effects. In its…
The U.S. Supreme Court revived a West Virginian state-class action lawsuit against Bayer Pharmaceuticals, the manufacturer of the cholesterol-lowering drug Baycol. The Supreme Court held that a Minnesota federal court exceeded its authority under the Anti-Injunction Act by banning a West Virginian state-class action suit. The federal court issued the…
An explosion occurred from a chemical fire at a Multi-Chem Corp. chemical plant in New Iberia last week, causing neighboring residents to evacuate their homes. Police reported no injuries from the explosion or its aftermath. The explosion occurred in a facility that blends chemicals for oil field operations. The accident…
Distracted driving remains a serious problem across America. Nonetheless, the Louisiana Legislature killed two bills targeting distracted driving in the state and approved a controversial bill permitting TV screens in the dashboard. Pending Governor Jindal’s approval, the controversial “Dashboard TV” bill will become Louisiana law. Under Louisiana’s current law, television…
In Bruesewitz v. Wyeth, the U.S. Supreme Court held that the National Childhood Vaccine Injury Act preempts all state law design-defect claims brought by plaintiffs seeking damages for vaccine-related injury or death against vaccine manufacturers. The National Childhood Vaccine Injury Act of 1986 is a statute that provides administrative remedies…
The Louisiana House of Representatives blocked House Bill 112, a bill purporting to provide a definition of “bullying” among school students. This bill sought to define prohibited acts under Louisiana’s current anti-bullying law. The bill stated that a bullying gesture must be motivated by “an actual or perceived characteristic, such…
A daunting question in employment discrimination litigation is whether Title VII’s anti-retaliation protection may apply to third party employees. In Thompson v. North American Stainless Steel, the Supreme Court addressed this very issue, holding that Title VII’s ban on workplace retaliation protects co-workers of discriminated employees under certain circumstances. Under…
After more than a year of accepting claims, BP has asked a federal judge to dismiss several economic claims . Several of these claims were brought by commercial fisherman, tourism-driven businesses, property owners and offshore workers. BP argues that the Oil Pollution Act of 1990 (OPA) is the only theory…