Koch & Schmidt
Call Us Today, We Can Help 504-541-9026
Practice Areas

May 2015 Archives

Suit claims prize wasn't awarded to raffle winner

If you decide to take part in a raffle or fundraising event with a prize and win, you expect that you'll receive the prize within the amount of time that is listed in the prize's terms and conditions. This is typically how these kind of purchases work; many people buy in, but only one person is granted a prize in the end.

New comprehensive zoning ordinance approved in New Orleans

Sometimes, a business ends up in a dispute regarding a property it owns. One type of property-related dispute that sometimes comes up for a business is a dispute with the municipality its property is located in over land use or zoning. What sorts of issues can be particularly likely to trigger such disputes and what ultimately happens in such disputes can be heavily impacted by what the specific land use and zoning laws are in a municipality. Business law attorneys can help business owners understand how the zoning and land use laws in the municipality their business is located in could potentially impact their business and can provide legal help to business owners that end up in land use and zoning disputes. 

Status of Non-Compete Clauses in Employment Contracts in Louisiana

In Louisiana, non-competition clauses that limit an employee from engaging in business similar to that of their employer are valid as long as the comply with the requirements of La. R.S. § 23:921 and were entered into after August 15, 2003. If a non-competition clause was entered into prior to August 15, 2003, the Louisiana Supreme Court's holding in SWAT 24 Shreveport Bossier Inc. v. Bond, limits the clause solely to an employee refraining from carrying on or engaging in the employee's own business similar to that of the employer, subject to certain geographical and time limitations. Any other non-competition clause will be considered invalid.

Seaman Status and Punitive Damages for Unseawortihness Claim Updates

In Alexander v. Express Energy Services Operating, the U.S. Fifth Circuit further refined the seaman status test, emphasizing the amount of work a plaintiff actually performed on a vessel, and concluding that a worker who spends less than about 30 percent of his time in the service of a vessel in navigation, should not qualify as a seaman under the Jones Act. The Fifth Circuit stated that to prove that he was a seaman, the plaintiff, Alexander, must prove that: (1) he contributed to the function of a vessel or to the accomplishment of its mission, and (2) he was assigned permanently to the vessel or spent a substantial part of his total work time-30% -aboard the vessel or an identifiable fleet of vessels.

Medical Malpractice Claims and Cruise Ships

Recently, in Franza, as a Personal Representative of the Estate of Vaglio v. Royal Caribbean Cruises, LTD, the Eleventh Circuit Court of Appeal departed from previous caselaw and, held that ship passengers who become victims of medical malpractice could hold cruise lines vicariously liable for the negligence of the shipboard doctors and nurses.

When are seamen entitled to maintenance and cure claims?

Under the general maritime law of the United States, seamen are generally entitled to maintenance and cure whenever they are injured and/or fall ill while in the service of their vessel. This includes illnesses and injuries that become evident during employment, injuries ashore, and even prior injuries which reoccur during employment. Employers are required to pay maintenance and cure irrespective of the fault or negligence of the seaman.

Can noncompete agreements be formed with independent contractors in Louisiana?

Many types of agreements can be formed between businesses and workers here in Louisiana. One type of agreement Louisiana businesses sometimes want to form with their employees are noncompete agreements. Louisiana law does allow for the formation of such agreements between employers and employees (with some exceptions) and, generally, such an agreement between an employer and an employee is enforceable as long as it meets the requirements of state law.

650 Poydras Street
Suite 2660
New Orleans, LA 70130

Phone: 504-541-9026
Fax: 504-208-9041
Map & Directions

Super Lawyers preeminent TM AV Lexis Nexis Martindale Hubbell  Peer Review Rated for ethical standard and legal ability Louisiana State Bar Association New orleans chamber power your business NITA national institute for trial advocacy