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Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases

The Energy Law

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the collateral source rule in personal injury lawsuits. In Simmons v. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La.

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Supreme Court Punts on Important Arbitrability Question

The Energy Law

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. 1349(b)(1). 3d 726 (S.D. 347, 354 (1995).

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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law

The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. 2019), appeal filed , No. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D. 2021 WL 96168 at *3.

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Louisiana and Texas COVID-19 Stay-at-Home Orders and Effects on State Courts

The Energy Law

Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many courts in Louisiana and Texas have been forced to close or limit operations in conjunction with stay-at-home orders. In addition, no residential eviction cases may proceed until after April 19, 2020.