Tobacco companies will now have to pay $270 million for the implementation of a smoking cessation program after the U.S. Supreme Court reinstated a Louisiana court order that was unilaterally blocked by Justice Scalia last September. The Court also denied the tobacco companies’ appeal. Louisiana smokers first filed a class…
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 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…
In April, three train accidents occurred within a 24-hour period in Louisiana. The first collision occurred in Jefferson Parish, when a driver, attempting to beat an oncoming Amtrak passenger train, collided with the train. Tragically, the driver was killed in the accident. The second collision involved another Amtrak train that…
The Louisiana Legislature’s 2011 Regular Session convened on April 25. In the midst of this fiscal session, the Legislature introduced three new state-wide bills relative to distracted driving, including a potential ban on the use of handheld cell phones in automobiles. Last session, Governor Jindal signed into a law a…
In Williamson v. Mazda, the Supreme Court ruled that a deceased woman’s relatives could sue her vehicle’s manufacturer for failing to install lap-and-shoulder belts, even though the manufacturer had complied with all relevant federal safety regulations. The decedent, Mrs. Williamson, was killed while riding in the backseat of a Mazda…
In light of a recent tragic offshore accident near Lake Charles, oilfield vessel operators need to be held responsible for their failure to provide safe working conditions to employees. According to The Daily Advertiser, federal authorities believe that the fatal accident occurred when an offshore worker fell while transferring from…
Across the nation, courts are divided on the issue of whether punitive damages should be awarded in admiralty cases. While some courts have found punitive damages to be in unavailable in admiralty, some courts remain willing to award punitive damages under certain circumstances in a limited number of cases. With…