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July 2016 Archives

Contract dispute may be affecting fire department recruits

Many Louisiana residents are no doubt grateful and supportive of their local fire departments. Should something happen to cause a staff shortage at a local firehouse, the potential negative effects could be far-reaching. In another state, this seems to the case in a situation involving a contract dispute between local firefighters and the city.

Ways entrepreneurs can avoid business litigation in California

Launching a new business in California or anywhere in the world is an exciting adventure, filled with many challenges. Those considering bringing their business ideas to fruition may want to seek competent guidance from business and commercial law attorneys before taking any steps. A key factor of success in Louisiana may involve avoiding business litigation at all phases of business formation, from startup to function.

Minimizing the negative impact of business disputes in Louisiana

Louisiana business owners have lots on their plates when it comes to maintaining high levels of productivity and profitability in the workplace. Business disputes can quickly impede the process. This is why company owners are advised never to let a dispute linger without seeking a swift and fair solution to the problem.

CREDIT CARD TIPS

Once, I was traveling out of New Orleans on business and stopped at an airport restaurant before boarding my flight. The server provided excellent customer service so I decided to leave a large credit card tip. The server informed me that unfortunately they would not see any of the tip because their employer withheld credit card tips. The server's employers' actions could be in violation of the Fair Labor Standards Act ("FLSA") under a recently decided Fifth Circuit case, Stelle, et al v. Leasing Enterprises, Ltd.

LIMITING DAMAGES IN MARITIME REPAIR CONTRACTS

While "red letter" clauses in maritime repair contracts that completely absolve the repairer of liability for negligence are invalid, limitations on damages are allowed. As a result, vessel owners should be extremely cautious when entering into maritime repair contracts.

Jury awards Hewlett-Packard billions for breach of contract

When a Louisiana business does not follow through on obligations and responsibilities set forth in a signed agreement, the other party may pursue the matter in court.  A jury recently awarded multinational information technology company, Hewlett-Packard $3 billion in a breach of contract dispute with software developer, Oracle. The two companies apparently had an agreement related to HP's servers.

COAST GUARD REGULATIONS, VESSEL CLASSIFICATION, AND JONES ACT CLAIMS

In Mount v. Keahole Point Fish, LLC, et al, the district court considered the applicability of the United State Coast Guard Commercial Diving Operations regulations to the vessels at issue and thus the viability of the Plaintiff's claims for negligence per se and unseaworthiness per se based upon alleged violations of those regulations, as set forth in Kernan v. American Dredging Co., 355 U.S. 426 (1958).

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