In Luv n’ care, Ltd. v. Jackel International Ltd., No. 2019-C-00749, the Louisiana Supreme Court granted writs to address the res nova issue of whether the “punishment for contempt of court” statute, La. R.S. 13:4611, authorizes the imposition of attorney fees against a party not adjudged guilty of contempt. In the district court, Plaintiff, Luv n’ care, Ltd. (“LNC”), brought a contempt proceeding against defendants, Jackel International Ltd., et al. (“Jackel”), for allegedly violating a permanent injunction previously entered in LNC’s favor. While LNC was unsuccessful on its motion for contempt, the district court not only denied the motion, but also awarded a substantial attorney fee award to Jackel as the “prevailing party in a contempt proceeding” based on the recently amended language of La. R.S. 13:4611(1)(g).Continue Reading Louisiana Supreme Court Addresses Res Nova Attorney Fees Issue
Shannon Skelton Holtzman
Liskow & Lewis Secures Key Rulings in Class Action Litigation
Liskow & Lewis’ Shannon Holtzman, James Brown, and A’Dair Flynt recently secured several key rulings in a putative class action, successfully opposing a complex remand motion under the Tax Injunction Act and the Class Action Fairness Act (“CAFA”) and obtaining a dismissal with prejudice of the claims against Liskow’s clients in Robert J. Caluda, APLC, et al v. The City of New Orleans, Linebarger, Goggan, Blair & Sampson, L.L.P, and United Governmental Services of Louisiana, Inc., No. 19-2497, 2019 WL 3283138, 2019 WL 3291014 (E.D. La. July 22, 2019).Continue Reading Liskow & Lewis Secures Key Rulings in Class Action Litigation
Thinking About Improving Your Louisiana Facility? Follow These Steps or Risk Unlimited Lien Liability Under Louisiana’s Private Works Act
By Shannon Skelton Holtzman on
If a subcontractor or supplier on a Louisiana construction project is not paid in full, it can file a lien against the owner’s property and sue the owner for payment even though it did not contract with the owner and even if the owner has fully paid the general contractor. This can occur on any project involving any physical change to real property in Louisiana. See La. Rev. Stat. § 9:4808(A).
Continue Reading Thinking About Improving Your Louisiana Facility? Follow These Steps or Risk Unlimited Lien Liability Under Louisiana’s Private Works Act
Fifth Circuit Holds that Unpatented Products Can Be Given Patent-Like Protection by Contract
In a breach of contract case involving the overlay of intellectual property and contract law, Luv n’ care, Ltd, a global leader in the design and sale of baby products, filed suit against its former distributor, Groupo Rimar, a.k.a. Suavinex, S.A. (“Suavinex”), for breach of Suavinex’s contractual obligation not to copy any of Luv n’ care’s product designs.
Continue Reading Fifth Circuit Holds that Unpatented Products Can Be Given Patent-Like Protection by Contract
Louisiana First Circuit Finds Appellate Jurisdiction Lacking, Declines to Address Merits of Appeal Involving Claims Related to Deepwater Horizon Response Operations
Louisiana First Circuit Court of Appeal again finds that it lacked jurisdiction over an appeal taken from a partial judgment that was not designated as final pursuant to Article 1915(B) of the Louisiana Code of Civil Procedure
In Constantin Land Trust v. BP America Prod. Co., et al., the Louisiana First Circuit Court of…