Sebble v. St. Luke’s #2, LLC, 2023-00483 (La. 10/20/23): Gross Negligence Standard of La. R.S. 29:771(B)(2)(c) Inapplicable
By Magdalena Majka and Bruce Cranner A recent opinion from the Louisiana Supreme Court interprets the Louisiana Health Emergency Powers Act (LHEPA) and clarifies that La. R.S. 29:771(B)(2)(c) – the LHEPA section providing for the modified standard of gross negligence – does not apply in the medical review panel process conducted under the Louisiana Medical […]
Opponents of northshore land use plan want to convince St. Tammany leaders to kill it
Opponents of a long-range plan to build a major logistics and manufacturing hub along Interstate 12 through St. Tammany Parish may get a chance to plead their case to the St. Tammany Parish Council after all. The opponents asked for a shot to appeal the creation of the plan to the council but had been […]
Environmental Law in Louisiana: Why It Matters for Our Coast and Seafood Industry
Louisiana is a state rich in natural resources with abundant fisheries, large oil and gas reserves and rich soils deposited by the Mississippi River over thousands of years making is possible to grow huge crops of sugar cane, soybeans, cotton, rice, corn, sweet potatoes, and feed grain. In addition, Louisiana’s coast, wetlands, and waterways provide […]
Hurricane Season Forecast, Cancer Alley, Home Insurance Crisis
Shannon Howard-Eldridge was interviewed by the local Public Broadcasting news program relating to the Insurance crisis in Louisiana.
New Team
Milling Benson Woodward, LLP is pleased to announce that Bruce Cranner and Magdalena Majka have joined the firm. Bruce Cranner has joined the firm as a partner. Bruce is a versatile litigator with broad experience over the last forty years defending Medical Liability, Product Liability, Asbestos, and general insurance cases. His commercial litigation practice is […]
Option Contracts and Rights of First Refusal
By: Sarah Fisher and Andrew Capitelli Two common contractual rights include option contracts and rights of first refusal. While option contracts and rights of first refusal may be found in many different areas of contract law, both are frequently used regarding the transfer of immovable property, such as the buying and selling of tracts of […]
Limited Liability Arising From Service Of Liquor In Louisiana
In many states, there are “dram shop laws.” The term “dram” refers back to a time when alcohol was sold by the dram, a small serving amount. Dram shop laws now refer to liability for establishments that serve alcohol for damages caused by an intoxicated person who was served by the establishment. In a state […]
Co-Management Agreements
By: Normand F. Pizza, Andrew R. Capitelli and Sarah A. Fisher
SCOTUS V. WOTUS
In its recent Sackett v. EPA decision 1, the Supreme Court of the United State (SCOTUS) has now drastically reduced the number of water bodies and wetlands that are to be considered “Waters of the United States” (“WOTUS”) under the wording of the Clean Water Act 2 (“CWA”). As a result they will no longer […]
Navigating Hurricane Season in the South: Preparation, Insurance, and Legal Insights
As we approach the start of hurricane season on June 1, 2023, we at Milling Benson Woodward, a renowned defense firm, underscore the importance of readiness in the face of potential natural disasters. With courts still processing claims from previous hurricanes, and many insured individuals still recovering from losses, preparation is more crucial than ever. […]