D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: What Every Project Participant Needs to Know About Delay Claims.
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Blog
Louisiana Supreme Court: Claims for Indemnity are not Premature, by Margaret Davis
Louisiana Supreme Court Clarifies that Third Party Demands and Cross Claims for Indemnity are Not Premature Before a Decision on the Main Demand, by Margaret N. Davis
On Friday, the Louisiana Supreme Court issued a written opinion in Daniel Bennett v. Demco Entergy Services, LLC et. al., No. 2023-CC-01358 (5/10/24) finally settling an important conflict in Louisiana law. The Court found that cross claims for contractual indemnity and defense are not premature when they are asserted before liability is determined in the main demand. For several years, a circuit split emerged based on several Louisiana Supreme Court decisions that led courts in some circuits to find that cross claims for indemnity were premature before liability was determined. In the construction context, this frequently led to harsh consequences for general contractors, because while they waited for liability to be determined in the main demand, their indemnity cross claims against subcontractors were perempted (dead or unactionable) after five years under La. R.S. 9:2272. In short, cross claims could be premature during the five-year limit and perempted after the five-year limit.
The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas by Andrew Vicknair
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas.
The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence by Andrew Vicknair
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence.
Two Avenues of Recovery – a Payment Bond Surety and Release of Lien Bond Surety; by Andrew Vicknair
SATCO v Professional Application Services, Inc.
TWO AVENUES OF RECOVERY – A PAYMENT BOND SURETY
AND RELEASE OF LIEN BOND SURETY
By: Andrew Vicknair
Today, the Louisiana First Circuit Court of Appeal ruled that a claimant, such as a sub-subcontractor, has the right to assert claims against both a payment bond surety and a release of lien bond surety in connection with unpaid claims on a public Project. The ruling was issued in SATCO, Inc. v Professional Application Services, Inc. and Suretec Insurance Company, 2023-0012 (La. App. 1st Cir. 10/19/23) —So.3d —.
Courthouse Reporter Series – How to Avoid Having Your COVID-19 Expert Stricken
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: Courthouse Reporter Series – How to Avoid Having Your COVID-19 Expert Stricken.
The Importance of Preparing for the Corporate Deposition by Andrew Vicknair
D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: The Importance of Preparing for the Corporate Deposition.
Automatic Stay from Bankruptcy May Not Apply to Individual Indemnitors by Andrew Vicknair
Automatic Stay from Bankruptcy May Not Apply to Individual Indemnitors
by Andrew Vicknair
Jurisdiction – – Employee Training, Alone, May Subject You to a Foreign State’s Jurisdiction by Peter-Raymond Graffeo
D’Arcy Vicknair associate, Peter-Raymond Graffeo, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: Jurisdiction – – Employee Training, Alone, May Subject You to a Foreign State’s Jurisdiction.
EEOC Poster Revised – by Norman A. Mott, III
Effective October 20, 2022 the EEOC has revised its required workplace discrimination poster advising employees of their rights. The posting also must be made available in n accessible format for persons with disabilities that limit the ability to see or read. Employers should replace existing posters with the new one. More information and a download link for a free poster, and posters in English and Spanish as well as in screen readable format, is here https://www.eeoc.gov/poster . Some employers may also be required to distribute electronic versions of the poster, depending upon their normal methods of communication with employees.
