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Topic: Civil Law

In re Katrina Canal Breaches Litigation: Upholding Freedom of Contract

Erin Bambrick | Note

In answering the certified question, the Louisiana Supreme Court held that public policy in Louisiana does not bar the application of an antiassignment clause to postloss assignments where the language of the antiassignment clause “clearly and unambiguously express[es]” the parties’ intention that the clause will apply to postloss assignments. In re Katrina Canal Breaches Litigation, 2010-1823, pp. 7, 12 (La. 5/10/11); 63 So. 3d 955, 960, 963.

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The Louisiana Supreme Court Affirms Health Care Providers’ Freedom To Contract for Below-Schedule Reimbursement Rates in Agilus Health v. Accor Lodging North America

Kara K. McQueen-Borden | Note

The Louisiana Supreme Court held that valid PPO contracts did not violate Louisiana law by authorizing reimbursement payments to providers in amounts less than those specified by the LWCA’s reimbursement schedule. Agilus Health v. Accor Lodging North America, 2010-0800, pp.11-12 (La. 11/30/10); 52 So. 3d 68, 76-77.

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Louisiana’s Mono Lake: The Public Trust Doctrine and Oil Company Liability for Louisiana’s Vanishing Wetlands

Sam Brandao Tul. L. Rev. Comment

Louisiana’s coastal land is dissolving. As the political branches struggle to address the emergency, the courts may provide an unlooked-for catalyst. Private actions against oil companies are unlikely to play a major role in resolving the coastal crisis because of the scale of the problem. This Comment suggests that an action against a state agency under the public trust doctrine could be the electric shock that galvanizes the political branches into a meaningful response. After briefly discussing the development of the federal public trust doctrine, its application in California, and its culmination in the California case known as Mono Lake, [...]

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Devil inside the Deal: An Examination of Louisiana Noncompete Agreements in Business Acquisitions

Albert O. “Chip” Saulsbury, IV | Article

In a noncompete agreement, one party agrees with another to refrain from engaging in a particular line of business or from soliciting customers of another person. Buyers in business acquisitions seek these covenants because sellers, when not restricted by an enforceable noncompete agreement, can destroy the value of the business sold through their own competitive acts. Over the past twenty years, Louisiana courts have inappropriately applied the “strong public policy” requiring strict construction of noncompete agreements in the employment context to all noncompete agreements, including those executed ancillary to the sale of a business. The application of this policy is [...]

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The Usufruct Revisions: The Power to Dispose of Nonconsumables Now Expressly Includes Alienation, Lease, and Encumbrance; Has the Louisiana Legislature Fundamentally Altered the Nature of Usufruct?

Adam N. Matasar | Comment

This Comment discusses the 2010 Louisiana Civil Code revisions to the law of usufruct and critically analyzes whether the revisions to the power to dispose of nonconsumables upset the usufructuary’s and naked owner’s perilous balance of rights inherent in the law of usufruct. It begins by laying out the foundations of ownership and usufruct in the Louisiana civil law system. After exploring the contours of these general principles, the Comment tracks the development of the power to dispose of nonconsumables from jurisprudential beginnings, through initial legislative codification, and up to the 2010 revision under Act 881.

Delving deeper, this Comment [...]

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Consensus at Last: The Broadening of LUTPA Standing in Cheramie v. Shell Deepwater Production

Zachary I. Rosenberg | Note

The Louisiana Supreme Court held that although LUTPA protection extends beyond business competitors and consumers, the trial court correctly granted Shell’s motion for summary judgment because Cheramie did not meet its evidentiary burden in proving that Shell and Filco conspired against it. Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 2009-1633 (La. 4/23/10); 35 So. 3d 1053.

 

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Odd Men In: The Fascinating Legal Kinship of Scotland and Louisiana

Shael Herman | Book Review

Conscientious scholarly exploration of a burgeoning family of mixed jurisdictions dates from 1958. Visiting Louisiana law faculties in that year, a Scots law professor, Sir Thomas Brown Smith, urged comparison of Scotland’s legal system with that of Louisiana as “a means of overcoming the perils of isolation and steady assimilation by the Common Law.” Spurred by Smith’s lectures, scholars in time classified over a dozen hybrid systems into a “third legal family,” featuring a blend of civilian and common law influences. The private laws in a number of these jurisdictions (for example, Louisiana, Quebec, and Puerto Rico) were enshrined in a civil [...]

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“Unnecessary to Address”?: Tackling the Louisiana Supreme Court’s Open Question of Whether a Continuing Tort Can Suspend the Louisiana Unfair Trade Practices Act’s One-Year Peremptive Period

Justin M. Woodard | Comment

This Comment analyzes the open issue of whether a continuing tort can suspend the one-year peremptive period for bringing a claim under the Louisiana Unfair Trade Practices Act. It begins by tracking the development of the continuing tort doctrine in Louisiana jurisprudence as a suspension principle to both prescriptive and peremptive limitations periods. After looking at the application of continuing tort to statutory peremptive periods, such as those provided by the Louisiana Medical Malpractice Act and Louisiana Legal Malpractice Act, the Comment turns to the split in the Louisiana Courts of Appeal as to whether a continuing tort can suspend [...]

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“Living Separate and Apart”: Solving the Problem of Putative Community Property in Louisiana

Casey E. Faucon | Article

This Article argues that Louisiana should instead adopt a modified form of the common law doctrine of “living separate and apart” to address the problems created by the current Louisiana law as to the apportionment of putative community property. Washington, California, and Arizona—all community property states—use the doctrine of living separate and apart in the context of classification of assets. Although the standard differs among the three states, the basic principle is that the spouses can conduct themselves in a manner that demonstrates that they are not only physically, but also emotionally living separate and apart, even if the marriage [...]

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Did You Ever Hear of the Napoleonic Code, Stella? A Mixed Jurisdiction Impact Analysis From Louisiana’s Law Laboratory

Markus G. Puder Tul. L. Rev. Article

This Article develops the themes of history, language, and culture in the art of mixed jurisdiction impact analysis. It showcases a specific law (former article 177 of the Louisiana Civil Code) governing the liability of the building master for things thrown out of the house into the street or public road. Our case study gives real meaning to the Romanist mixité wrought into Louisiana’s civilian core. The reader is not only invited to take a seat on the time machine for a journey through Louisiana’s codal triad back to Roman law with stops in Medieval Spanish law and Pre-Napoleonic French [...]

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