Local Law Blogs

Louisiana Department of Health and Hospitals Plans to Audit All In-Home Direct Care Providers to Fight Medicaid Fraud

Posted on October 30, 2009
By Jennifer J. Thomas In the wake of the Fraud Enforcement and Recovery Act of 2009 (FERA), which was enacted by Congress on May 20, 2009 and expands the federal False Claims Act, the Louisiana Department of Health and Hospitals ('DHH') announced on October 29, 2009, a new fraud initiative against agencies who deliver in-home direct care to Medicaid beneficiaries...

The Limits on E-Discovery

Posted on October 09, 2009
Nearly three years have passed since electronic discovery was formally introduced into the realm of discovery.  The scope of electronic discovery is broad- it includes discovery of 'any information that can be stored electronically, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or compilations—stored in any medium from which information can be obtained either directly, or if necessary, after translation by the responding party into a reasonably usable form...

Guidelines for Promoting Your Business Through Social Networking Websites

Posted on October 05, 2009
By Tara Madison Social networks like Facebook, YouTube and Twitter are transforming the way companies communicate with consumers.  Facebook, YouTube and Twitter can be powerful business tools, but you must be mindful of certain legal limitations and guidelines...

Final Increase to Federal Minimum Wage in Effect Pursuant to the Fair Minimum Wage Act of 2007

Posted on September 28, 2009
By A. Edward Hardin, Jr. Effective July 24, 2009, the federal minimum wage increased from $6.55 per hour to $7.25 per hour for all non-exempt employees.  The 2009 increase in the federal minimum wage was the third and final increase to the federal minimum wage pursuant to Fair Minimum Wage Act of 2007...

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Lt. Governor Mitch Landrieu Confirmed as Keynote Speaker for Louisiana Diversity Forum

Posted on September 21, 2009
On September 24, the Kean Miller Diversity Council will present the third-annual Louisiana Diversity Forum at the Baton Rouge Marriott Hotel.  Lt. Governor Mitch Landrieu will serve as the keynote luncheon speaker.  The Louisiana Diversity Forum provides a platform for distinguished guest speakers to provide their own insights and ideas on diversity-related topics...

Louisiana Diversity Forum Scheduled for September 24

Posted on September 08, 2009
On September 24, 2009, the Kean Miller Diversity Council will present the third-annual Louisiana Diversity Forum at the Baton Rouge Marriott Hotel. The Louisiana Diversity Forum provides a platform for distinguished guest speakers to provide their own insights and ideas on diversity-related topics...

Louisiana Supreme Court Upholds Special Prescriptive Periods for Medical Malpractice Cases

Posted on August 28, 2009
By Jennifer J. Thomas The Louisiana Supreme Court has issued two decisions in the past year, Borel v. Young and Warren v. LAMMICO, which are favorable to Louisiana health care providers. In the Warren case, a potential plaintiff waited almost four years from the date of her father's death to file a wrongful death and survival claim against the health care providers...

Office for Civil Rights Issues "Interim Final" Regulations Requiring Individuals To Be Notified of Breaches of Their Health Information

Posted on August 21, 2009
By Clay J. Countryman The Office for Civil Rights of the U.S. Department of Health and Human Services issued new federal regulations on August 19, 2009 that requires health care providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals when their 'unsecured' health information is breached...

Federal Trade Commission Extends Enforcement Deadline of Red Flag Rules to November 1, 2009

Posted on July 31, 2009
by Clay J. Countryman The Federal Trade Commission ('FTC') announced on July 29th that the date on which the FTC will begin enforcement of the Red Flag Rules has been further extended to November 1, 2009. The Red Flag Rules, which are contained in regulations promulgated by the FTC under the Fair Credit Reporting Act, 15 U...

Louisiana's Coming Antidegradation Policy Implementation Procedures

Posted on July 24, 2009
By M. Dwayne Johnson The Louisiana Department of Environmental Quality (LDEQ) is developing written procedures to implement Louisiana's antidegradation policy (1). These implementation procedures will significantly affect the permitting of wastewater discharges under the Louisiana Pollutant Discharge Elimination System (LPDES) program, especially the permitting of new or expanded discharges...

Patent Infringement Opinions Continue To Be Important

Posted on July 17, 2009
By Pamela A.  Baxter Recent court decisions show that patent infringement opinions are still important for any person or entity that becomes aware of a United States patent that is similar to their products, methods or processes. Under federal patent law, anyone who either makes, uses, offers to sell, or sells any patented invention in the United States or actively induces another to do so is liable for patent infringement...

Definition of Component Parts Clarified for Louisiana Sales and Use Tax Purposes

Posted on July 10, 2009
By Jason R. Brown On July 7, 2009, Louisiana Governor Bobby Jindal signed Act 442 (SB 9) into law, preserving Louisiana's long-standing law excluding purchases, rentals and repairs of component parts of immovable property from state and local sales/use tax...

National Law Journal Names Kean Miller to Midsize "Hot List"

Posted on July 07, 2009
Kean Miller is pleased to announce that the firm is recognized by the National Law Journal in its inaugural "Midsize Hot List."  The 2009 'Hot List' honors law firms from 100 to 300 attorneys that demonstrate exemplary innovation in practice management, fee arrangements, attorney recruitment and retention, and business development, especially in the face of current economic challenges...

Louisiana Legislature Prepares the Way for Carbon Sequestration

Posted on June 29, 2009
by Maureen N. Harbourt Two days before the end of the 2009 Legislative Session, the Louisiana Legislature adopted the Louisiana Geologic Sequestration of Carbon Dioxide Act. Introduced as HB661, the final amended bill passed both the House and Senate unanimously...

U.S. Supreme Court Overrules U.S. Fifth Circuit Precedent and Holds that Punitive Damages Are Available in a Maintenance and Cure Claim

Posted on June 25, 2009
By Michael J. O'Brien In Atlantic Sounding Co., Inc., et al. v. Townsend, the United States Supreme Court held that punitive damages are available to a seaman if his employer/vessel owner has willfully failed to fulfill its maintenance and cure obligation...

What does the Transfer of Chinese Drywall Cases by the United States Judicial Panel on Multidistrict Litigation Mean?

Posted on June 23, 2009
Throughout 2004–2007 a housing boom along with a series of hurricanes in the Gulf of Mexico combined to create a shortage of drywall in the United States.  Needing drywall to build the homes that were much in demand, suppliers turned abroad...

Louisiana Legislature directs DHH, the Department of Insurance, and the Louisiana State Licensing Board for Contractors to Study the Effects of "defective Chinese Drywall"

Posted on June 19, 2009
By G. Trippe Hawthorne The Louisiana Legislature has adopted House Concurrent Resolution No. 185, authored by Representative Tim Burns.  The resolution urges and requests that the Department of Health and Hospitals and the Deptartment of Insurance, in consultation with the Louisiana State Licensing Board for Contractors, investigate the health risks associated with living in homes that contain drywall imported from China, study the potential homeowners insurance coverage issues, including triggers, endorsements, and exclusions to policies that are related to drywall imported from China, and determine whether such material should be identified as a substandard, unsafe building material...

Winds of Change on the Outer Continental Shelf

Posted on June 16, 2009
By Larry J. Hand, Jr. According to a 2006 report of the Department of Interior, the Outer Continental Shelf ('OCS') of the United States has the potential to generate 900,000 megawatts of power, which is roughly equal to the total installed electrical capacity in the United States...

Family Medical Leave Act Regulations Become Effective

Posted on June 15, 2009
By Theresa Hagen The final revised FMLA regulations issued by the DOL on November 17, 2008 became effective January 16, 2009. The regulations address the FMLA military family leave entitlements and also include other, significant changes to prior regulations...

Quick Action by Registered Trademark Owners May Prevent Future Facebook Problems

Posted on June 12, 2009
Beginning at 12:01 a.m. (Eastern Standard Time), on Saturday, June 13, 2009, members of the social networking website, Facebook, will be able to claim usernames to associate with their Facebook accounts and Facebook pages. This will allow Facebook pages to be accessed by using a url such as, http://www...

Insurance and Hurricanes

Posted on June 11, 2009
By Mark D. Mese June marks the beginning of Hurricane Season and should serve as a reminder to review your personal and business property insurance coverage. The effect of recent Hurricanes on the Gulf Coast generally and Louisiana specifically have been significant with respect to both damages and the insurance covering those damages...

EPA Issues Proposed Reporting Rule for Greenhouse Gas Emissions

Posted on June 09, 2009
By Laura Hart The EPA has proposed a rule that would require mandatory reporting of greenhouse gas (GHG) emissions from large sources in the United States.  The proposed rule was signed by the EPA Administrator on March 10, 2009 and published in the Federal Register on April 10, 2009 (74 Fed...

363 Sales of Assets in Bankruptcy - Chrysler and Beyond

Posted on June 02, 2009
By Eric Lockridge The judge overseeing Chrysler LLC's bankruptcy entered an order on June 1, 2009 approving Chrysler's motion seeking permission to sell substantially all of its assets to a new company.  The procedure by which this sale was accomplished, and by which a similar sale in the GM bankruptcy will likely be accomplished, is known in the bankruptcy and finance worlds as a '363 Sale,' after the relevant provision of the U...

Great Ideas by Employees - Who Owns Them?

Posted on May 29, 2009
By Russel O. Primeaux As we continue our shift to a more knowledge-based economy, frequently the greatest assets of a company reside in the creativity of its employees. This is especially true for service companies in which the services can be repeated for multiple customers (example: software)...

NEDA Files Petition for Rehearing on Controversial Decision (Sierra Club v. EPA)

Posted on May 28, 2009
by Kyle B. Beall On April 3, 2009, the National Environmental Development Association (NEDA) filed a petition for rehearing en banc on a controversial decision (Sierra Club v. EPA) by the D.C. Circuit Court of Appeals. In that case, decided December 19, 2008, the court vacated the Startup, Shutdown, Malfunction (SSM) rules contained within the NESHAP General Provisions, 40 C...

Patients and Electronic Communication: Permissible? Acceptable? Recommended?

Posted on May 14, 2009
By Vance A. Gibbs In this day and age, everyone communicates by e-mail, on a laptop, desktop, Blackberry or other electronic device. But what about communication between a physician and a patient?   Is this permissible? Acceptable under existing law and practice? Recommended? Permissible? Obviously, any form of communication between a physician and a patient is allowed...

Recent Case Illustrates Need for Advance Tax Planning When Selling a Business

Posted on April 22, 2009
By Kevin C. Curry A recent court case illustrates the need for having advance tax planning when selling a business. In the case of Muskat v. U.S., No. 08-1513, 103 AFTR 2d _____, the taxpayer was majority shareholder in a corporation. He and the other shareholders sold all of the stock in the corporation to a third party interested in buying the business...

Professional Liability Claims Against Louisiana Certified Public Accountants

Posted on April 08, 2009
By Charles S. McCowan, Jr. In 1997, the Louisiana Legislature adopted a claims review panel procedure involving 'claims' against certified public accountants and firms.  'Claims' as contemplated by the Act are broadly defined as: (1) "Claim" means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following: (a) The providing of attest services as defined in R...

Louisiana Labor and Employment Law Seminar Scheduled for April 15

Posted on April 07, 2009
The annual Kean Miller Labor and Employment Seminar is scheduled for Wednesday, April 15th at the White Oak Conference Center in Baton Rouge.  Topics will include: The Imperfect Storm:  The ADA Amendments Act, effective January 1, 2009, may result in some stormy challenges for employers...

Businesses Seeking Bankruptcy Protection at Highest Level in Two Years

Posted on April 06, 2009
By Eric Lockridge The number of businesses seeking bankruptcy protection hit its highest level in more than two years in March, as the recession sends more companies into financial crisis, according to a story today in the Dow Jones Daily Bankruptcy Review...

USCIS Adopts New Version of I-9 Form

Posted on April 01, 2009
by A. Edward Hardin, Jr. After April 3, 2009, the U.S. Citizenship & Immigration Service ("USCIS") will require employers to complete a new version of the familiar I-9 form for all new employees. The USCIS delayed implementation of the new rule requiring the new I-9 until April 3...

"Zone of Insolvency" Claims Against Officers and Directors Still Alive (and Well?) Outside of Delaware

Posted on March 24, 2009
By J. Eric Lockridge In the current economy, corporate officers and directors face an increased risk of derivative suits and other litigation against them from frustrated shareholders and other stakeholders in a corporation. Should officers and directors also be concerned about claims brought against them by their company's creditors? The answer may depend on what state's law applies to the creditors' claims...

Law Change Could Hurt Owners of Tax Exempt Properties

Posted on March 23, 2009
by Christopher J. Dicharry Owners of exempt property may be hurt by a recent Louisiana law change. Historically, the owners of tax exempt property did not have to confirm that the exemption was being respected by the Assessor by checking the tax rolls during the public inspection period...

Duties and Responsibilities of the State Board of Certified Accountants of Louisiana

Posted on March 18, 2009
By Charles S. McCowan, Jr. The declared purpose of the Louisiana Accountancy Law, is to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status of private and public clients...

Oklahoma Gun Statute Upheld

Posted on March 17, 2009
by  A. Edward Hardin, Jr. In July of 2008, Gov. Jindal signed Senate Bill no. 51 into law. Senate Bill no. 51 has been dubbed the 'take-your-gun-to-work law.' The new statute took effect on August 15, 2008. The United States 10th Circuit Court of Appeals recently upheld a similar Oklahoma statute...

Preparing for a Tenant's Bankruptcy - the Landlord's Perspective

Posted on March 12, 2009
by J. Eric Lockridge In today's distressed retail market, the possibility of a tenant's bankruptcy is a top concern for managers and owners of retail centers. Owners of commercial office buildings in many parts of the country are becoming increasingly concerned about tenant bankruptcies, too...

Louisiana State Universal Service Fund - "The More Things Change, The More They Stay the Same" [1]

Posted on March 11, 2009
by Gordon D. Polozola The Louisiana Public Service Commission has issued a General Order, dated February 9, 2009, once again adopting a new basis for its state Universal Service Fund or 'state USF.' In short, the revised state USF effectively maintains the subsidies that have been provided to Louisiana's rural incumbent local exchange carriers or 'rural ILECs' under previous Commission mechanisms...

American Recovery and Reinvestment Act of 2009: New COBRA Rights and Obligations

Posted on March 11, 2009
By A. Edward Hardin, Jr. On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the 'ARRA'), the comprehensive economic stimulus package. Among its other provisions, the ARRA includes an extension of the right to elect COBRA coverage, a reduction in COBRA premiums for eligible participants, and new notice obligations for employers...

Regulation and Liability of Accountants Pursuant to Louisiana Law

Posted on March 10, 2009
By Charles S. McCowan, Jr. This is the first of a three-part series related to Louisiana law and regulations pertaining to the accounting profession. This part focuses on the historical licensing and regulation of the profession by the State of Louisiana...

Federal Appeals Court Finds the Provision of Free Office Space, Supplies and Equipment to Anesthesia Group Does Not Meet an Exception to the Stark Law

Posted on March 06, 2009
by Clay J. Countryman A federal appeals court recently ruled that a lower district court erred in granting summary judgment to a hospital in a whistleblower action under the federal False Claims Act that was based on allegations that the hospital's arrangement with an anesthesia physician group violated the Stark Law and the Federal Anti-kickback Act...

A Taxpayer's Post-Closing Remorse Relating to Tax Allocations

Posted on March 04, 2009

Franchise or Distributorship Termination Under Louisiana Law

Posted on February 27, 2009

How Does Chapter 11 Affect My Business When a Customer, Competitor or Vendor Files for Bankruptcy?

Posted on February 18, 2009
By J. Eric Lockridge Chapter 11 bankruptcies are on the rise, and many expect that trend to continue. In the third quarter of 2008 there were 70% more Chapter 11 filings than in the third quarter of 2007, according to Automated Access to Court Electronic Records, a company that tracks bankruptcy statistics...

Local Governments Working on Comprehensive Ordinances for Haynesville Shale

Posted on February 17, 2009
by Gordon D. Polozola “Shreveport and Bossier City and Caddo and Bossier parishes have been working on a comprehensive set of ordinances to give local governments leverage in controlling drilling in the Haynesville Shale natural gas field,” reports the Shreveport Times...

Lilly Ledbetter Fair Pay Act Revives Pay Discrimination Claims

Posted on February 13, 2009
By Erin Kilgore On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act amends four federal laws by redefining the events that trigger the charge-filing and limitations periods for cases alleging discrimination in compensation...

Ten Things to Know about Louisiana Executive Branch Lobbying

Posted on January 22, 2009
by Christopher J. Dicharry 1. If you will be contacting any person associated with a state agency or a state board on behalf of your company or any other person, you may be an Executive Branch Lobbyist. Contacting any staff members to advocate anything related to the agency is lobbying...

DC Circuit Upholds Entergy Generating Capacity Allocation, First Refusal Rights Remain Unanswered

Posted on January 21, 2009
by Gordon D. Polozola The United States Court of Appeals for the District of Columbia Circuit affirmed an order of the Federal Energy Regulatory Commission approving a new long-term allocation of power-generating capacity among the affiliates of the Entergy system...

Public Service Commission Rule Trumps Louisiana's New Ethics Law

Posted on January 15, 2009
by Gordon D. Polozola In an action exceeding the requirements of Louisiana’s new, stricter ethics laws, pushed through the Legislature by Governor Bobby Jindal, the Louisiana Public Service Commission voted to forbid commissioners and their staff from accepting any food, beverage or entertainment paid for by companies regulated by the Commission or that have business pending before the Commission...

New Law Suspends Required Minimum Distributions for 2009

Posted on January 14, 2009
By Kevin C. Curry On December 23, 2008, President Bush signed the Worker, Retiree, and Employer Recovery Act of 2008 (the Act) into law.  Section 201 of the Act waives any required minimum distributions (RMDs) for 2009 from retirement plans that hold each participant's benefit in an individual account, such as § 401(k) plans and § 403(b) plans, and certain § 457(b) plans...

Employee Free Choice Act

Posted on January 07, 2009
By A. Edward Hardin, Jr. and Scott D. Huffstetler  One likely result of the recent Presidential and Congressional elections is that the executive and legislative branches will be open to pushing the legislative agendas of organized labor.  There is little doubt that the proposed Employee Free Choice Act, H...

D.C. Circuit's Decision Eliminates the Startup, Shutdown, or Malfunction Exemption

Posted on December 23, 2008
By Maureen Harbourt and Tokesha Collins   On December 19, 2008, the D.C. Circuit Court of Appeals issued a startling ruling vacating the Startup, Shutdown, Malfunction (“SSM”) rules contained within the NESHAP General Provisions, 40 C...

OIG Issues Advisory Opinion on Part-Time Physician Employment Agreements

Posted on December 23, 2008
by Clay J. Countryman The Office of Inspector General ("OIG") issued Advisory Opinion No. 08-22 on December 8, 2008 regarding a proposed arrangement by a non-profit organization to hire two physicians on a part-time basis to perform endoscopies...

New Louisiana Regulation Creates Safe Harbor For Certain Equity-Based Compensatory Plans of Privately-Held Companies

Posted on November 21, 2008
by Dean P. Cazenave Offers and sales of “securities” must be registered unless there is an applicable exemption from the federal and state securities laws. The most commonly known exemption is the private placement exemption set forth in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933 (and corresponding private placement exemptions under applicable state “blue sky” laws)...

Department of Labor Issues New Family and Medical Leave Act Regulations

Posted on November 18, 2008
by A. Edward Hardin, Jr. The U.S. Department of Labor has released the new Family and Medical Leave Act regulations. The new regulations will become effective January 16, 2009. The DOL issued its proposed new regulations in February 2008. The DOL received over 20,000 comments regarding the proposed regulations, and the new regulations are over 700 pages long...

OIG Releases Work Plan for 2009

Posted on November 03, 2008
by Clay J. Countryman On October 1, 2008, the Department of Health and Human Services, Office of Inspector General (OIG) released its 2009 Work Plan. The OIG’s Work Plan describes the initiatives and priorities of the OIG for the 2009 fiscal year...

New Louisiana Laws Related to Bidding on Public Works Contracts

Posted on October 30, 2008
By Brian W. Hightower Following the 2008 Regular Session, Louisiana Governor Bobby Jindal signed House Bill No. 558 ("HB 558") into law. Prior to HB 558(Act No. 726), it was not infrequent that publicly bid contracts were not awarded because all bids exceeded the budgeted funds...

IRS Requires Employer Identification Numbers for Disregarded Entities Beginning in 2009

Posted on October 27, 2008
By Kevin C. Curry Historically, the IRS has said that a disregarded entity could (and maybe should) use the owner's taxpayer identification number for income and other tax purposes. For employment tax reporting, the IRS issued Notice 99-6, 1999-1 CB 321 , which said that employment taxes for employees of a disregarded entity could be reported by a disregarded entity in one of two ways: (1) Calculation, reporting, and payment of all employment tax obligations with respect to employees of a disregarded entity by its owner (as though the employees of the disregarded entity are employed directly by the owner) and under the owner's name and taxpayer identification number; or (2) Separate calculation, reporting, and payment of all employment tax obligations by each state law entity with respect to its employees under its own name and taxpayer identification number...

United States Fifth Circuit Holds that Willful Concealment of a Prior Medical Condition From a Jones Act Employer May Constitute Contributory Negligence

Posted on October 22, 2008
By Clay Cosse While a Jones Act seaman’s willful concealment of a pre-existing medical condition has long been held to preclude a seaman’s recovery for maintenance and cure benefits, willful concealment has never acted as a bar to recovery under the Jones Act...

Federal Court of Appeals Absolves Louisiana Hospital of Liability in Failure to Report Physician Impairment While on the Medical Staff

Posted on October 20, 2008
by Linda G. Rodrigue In May of this year, the United States Court of Appeals for the Fifth Circuit absolved Lakeview Regional Medical Center (“Lakeview”) of any liability, and reversed a damage award against it, in a lawsuit that had been brought against Lakeview and a physician group practice by Kadlec Medical Center, a hospital located in the state of Washington...

The National Flood Insurance Program's S.F.I.P. Proof of Loss Requirement: A Trap for the Unwary

Posted on October 16, 2008
By Clay Cosse In the aftermath of Hurricanes Gustav and Ike, homeowners filing flood insurance claims under the National Flood Insurance Program’s (“NFIP’s”) Standard Flood Insurance Policy (“SFIP”) should exercise extreme caution to avoid running afoul of the SFIP’s Proof of Loss requirement...

Three Things Every Contractor Should Know Before Signing That Construction Contract for Building Remediation

Posted on October 13, 2008
by G. Trippe Hawthorne and Mark D. Mese In a perfect world, Contractors would only do business with owners, designers, subcontractors, and material suppliers that they know well and trust. No surprises, misunderstandings, or disasters. In this world, doing business is risky...

GAO Issues Report on HHS Privacy Plan for Electronic Health Information

Posted on October 08, 2008
by Clay J. Countryman In a report issued September 17, 2008, the GAO commented that the Department of Health and Human Services (HHS) has made substantial strides in devising a national plan for protecting the privacy of patients’ electronic personal health information, but that HHS still needs to do more to ensure key privacy principles are fully addressed...

Non-Compete Agreements: Louisiana Takes Another Step Forward

Posted on October 03, 2008
by Melanie M. Hartmann Louisiana's non-competition statute, La. R.S. 23:921, was amended effective August 15, 2008, to provide additional situations in which non-competition agreements may be enforced. The recent amendments allow for the enforcement of certain non-competition and non-solicitation agreements between a corporation and its individual shareholders; between a partnership and its individual partners; and between a limited liability company and its individual members...

Fifth Circuit Reverses $33 Million Judgment Against Physicians and Hospital Arising From Peer Review Actions

Posted on September 30, 2008
by Deborah A. Juneau In a recent case, the Fifth Circuit emphasized the legislative purpose in the Health Care Quality Improvement Act (HCQIA) to improve the quality of health care by protecting physicians who participate in peer review actions, finding they were entitled to immunity from monetary damages...

Amended Rules Governing Dispensation of Medications

Posted on September 29, 2008
by Lyn S. Savoie In the September 20, 2008 issue of the Louisiana Register, the Louisiana State Board of Medical Examiners amending the rules governing dispensation of medications. The amended rules now forbid dispensing physicians from dispensing any controlled substance or drug of concern, unless the physician practices at a governmental facility or a licensed abuse or addiction treatment facility, or is engaged in a regulated clinical research project or investigational study...

Louisiana Property Tax Assessment Review Procedures Arcane

Posted on September 22, 2008
by Christopher J. Dicharry Local governments in Louisiana are authorized to impose annual ad valorem property taxes on immovable and corporeal movable property. La. Const. of 1974 art. 6, §§ 26, 27 & 30. Property owners are required to file annual renditions prior to April 1 of each year...

Reminders About Louisiana's Contractor Licensing Law for Commercial Property Owners

Posted on September 18, 2008
by G. Trippe Hawthorne As Insurance claims continue to be adjusted and paid out, Louisiana residential, commercial, and industrial property owners will begin the process of contracting with Contractors to repair hurricane damage. As you do so, be mindful of Louisiana’s Contractors’ Licensing law and its potential impact on you...

Louisiana Diversity Forum Scheduled for October 16

Posted on September 18, 2008
On October 16, 2008, the Kean Miller Diversity Council will present the second-annual Louisiana Diversity Forum at the Hilton Baton Rouge Capitol Center. The Louisiana Diversity Forum provides a platform for distinguished guest speakers to provide their own insights and ideas on diversity-related topics...

Louisiana Mercury Risk Reduction Act - Proposed Rule Released by LDEQ

Posted on September 11, 2008
By Laura Hart I.  LDEQ Recently Issued Proposed Rule Pursuant to Louisiana Mercury Risk Reduction Act to Reduce Use of Mercury-Containing Products and to Force Proper Disposal or Recycling of Mercury-Containing Products In the August 2008 publication of the Louisiana Register, the Louisiana Department of Environmental Quality (“LDEQ”) issued a proposed rule that will supplement the procedures and requirements set forth in the Louisiana Mercury Risk Reduction Act (La...

Responsibility for Damage Caused by Falling Trees and For Removal of Fallen Trees

Posted on September 09, 2008
By Michael O'Brien and Stephen Hanemann Hurricane Gustav recently wreaked havoc and felled trees throughout the heavily wooded areas of Southeast Louisiana.  As such, many property owners may be concerned who bears the responsibility for a fallen tree...

Property Owners with Hurricane Gustav Damage Entitled to Reduced Property Tax Assessments

Posted on September 08, 2008
 By Chris Dicharry Property taxes in Louisiana are based on the fair market value of taxable property. The assessors make the fair market value determination based upon the status and condition of property as of January 1 of each tax year. Certain types of immovable property are generally revalued every four years; however if market conditions suggest changes in fair market value, adjustments can be made during the four year cycle...

Kean Miller Update - Hurricane Gustav - September 8

Posted on September 08, 2008
Our thoughts are with everyone affected by the aftermath of Hurricane Gustav.  The Kean Miller Management Team continues to evaluate the effects of the storm on the communities where we live and work. Our main office in downtown Baton Rouge is open and is unaffected by the storm...

Louisiana Economic Development Launches New Tools for Hurricane-Affected Businesses

Posted on September 08, 2008
According to a news release, the Louisiana Department of Economic Development (LED) has established new resources for hurricane-affected businesses in Louisiana.   The LED Business Recovery Call Center was activated on September 8th and offers recovery-related resources for businesses needing help in the aftermath of Hurricane Gustav...

Kean Miller Update - Hurricane Gustav - September 9

Posted on September 08, 2008
Our thoughts are with everyone affected by the aftermath of Hurricane Gustav.  The Kean Miller Management Team continues to evaluate the effects of the storm on the communities where we live and work. Our main office in downtown Baton Rouge is open and is unaffected by the storm...

Kean Miller Update - Hurricane Gustav - September 5

Posted on September 05, 2008
Our thoughts are with everyone affected by the aftermath of Hurricane Gustav.  The Kean Miller Management Team continues to evaluate the effects of the storm on the communities where we live and work. Our main office in downtown Baton Rouge is open and is unaffected by the storm...

Kean Miller Update - Hurricane Gustav - September 4

Posted on September 04, 2008
Our thoughts are with everyone affected by the aftermath of Hurricane Gustav.  The Kean Miller Management Team continues to evaluate the effects of the storm on the communities where we live and work. Our main office in downtown Baton Rouge is largely unaffected by the storm...

Kean Miller Update - Hurricane Gustav - September 3

Posted on September 03, 2008
Due to the aftermath of Hurricane Gustav, Kean Miller's offices will be closed as our Management Team evaluates the effects of the storm on the communities where we live and work.   The New Orleans office of Kean Miller will be closed on Wednesday, September 3rd...

Kean Miller Office Update

Posted on September 01, 2008
Due to Hurricane Gustav, Kean Miller's offices will be closed until the effects of the storm can be evaluated. Below are closure dates by location. These dates are subject to change pending conditions following the storm.  The New Orleans office of Kean Miller will be closed Monday, September 1st; Tuesday, September 2nd; and Wednesday, September 3rd...

Kean Miller Hurricane Update

Posted on August 31, 2008
Due to Hurricane Gustav, Kean Miller's Baton Rouge, Lake Charles, and Plaquemine offices will  be closed on Monday, September 1st and Tuesday, September 2nd.  Our New Orleans office will be closed on Monday, September 1st, Tuesday, September 2nd, and Wednesday, September 3rd...

OIG Issues Advisory Opinion on Proposed Block Lease of Free-Standing Cancer Treatment Center

Posted on August 28, 2008
by Clay J. Countryman The Office of Inspector General issued Advisory Opinion No. 08-10 on August 19, 2008 regarding a proposal for a physician group practice to lease a facility owned by the practice on a part-time basis to other physician groups for the groups to provide certain radiation therapy treatments to their patients...

Using and Modifying Industry Form Construction Contracts

Posted on August 18, 2008
by Linda Perez Clark and Jeffrey N. Boudreaux A number of construction industry trade groups or associations, such as the American Institute of Architects (AIA) and the Design-Build Institute of America (DBIA), among others, have developed a variety of “standard form” construction contracts that have been used in the industry for many years, and are periodically updated...

Stopping Internet Copyright Infringement Short of Filing Suit

Posted on August 05, 2008
by Tara Montgomery Madison“Someone is using my photos and website design on the internet without permission. What can I do?” These questions arise more and more with the increased use of the internet in business. The technical answer is that you have a potential claim for copyright infringement...

Negligent Hiring

Posted on July 29, 2008
by Scott D. HuffstetlerDid you know that an employer may be liable for failure to properly screen employees when such failure results in hiring someone that has a history of violent or criminal acts? Louisiana recognizes claims against an employer that hires an employee with dangerous propensities when that employee injures third persons at work...

Water From Broken Levees Falls Within Insurance Policy Flood Exclusion

Posted on July 24, 2008
by Todd A. RossiIn Sher v. Lafayette Insurance Co. (La. 2008), an apartment unit was flooded when levees failed immediately following Hurricane Katrina. The insurer inspected the property to determine the amount of covered loss and concluded that most of the building’s damage was due to poor maintenance, disrepair, and flooding...

Louisiana Value Policy Law Does Not Control Amount of Insurance Loss

Posted on July 21, 2008
by Todd A. RossiIn Landry v. Louisiana Citizens Property Insurance Co. (La. 2008), the Louisiana Supreme Court rejected a homeowner’s breach of contract claim against the insurer for failure to pay the face value of the policy after their house was totally destroyed by Hurricane Rita...

Louisiana Chosen to Participate in Electronic Health Records Medicare Demonstration Project

Posted on July 17, 2008
by Valerie A. JudiceOn June 10, 2008, Michael O. Leavitt, Secretary of the Department of Health and Human Services (DHHS) announced that Louisiana was one of twelve (12) communities chosen to participate in an Electronic Health Records Medicare Demonstration Project...

OIG Opines Favorably on Electronic Kiosks Provided by Pharmaceutical Manufacturer

Posted on July 14, 2008
by Linda G. RodrigueIn Advisory Opinion No. 08-05, issued February 15, 2008, the OIG concluded that an arrangement whereby a pharmaceutical company placed electronic kiosks in physician offices would not generate prohibited remuneration under the anti-kickback statute...

Louisiana Supreme Court's Rehearing of Borel v. Young

Posted on July 08, 2008
By Deborah Juneau The Louisiana Supreme Court issued its new opinion after a rehearing in Borel v. Young, again affirming the Third Circuit’s ruling and dismissing the lawsuit against late-added physician defendants, but on different grounds...

Supreme Court Reduces Punitive Damage Award in Exxon Valdez Case and Limits Punitive Damage Awards in Maritime Cases

Posted on July 07, 2008
by Bradley C. MyersIn a major victory for business interests involved in maritime operations and what many commentators say is a harbinger of things to come, the United States Supreme Court recently struck down the $2.5 billion punitive damage award against ExxonMobil in a case involving claims for individual economic damages filed by landowners, native Alaskans and commercial fisherman following the 1989 grounding of the Exxon Valdez...

Louisiana Supreme Court Holds That Act 312 is Applicable to Legacy Lawsuits and is Constitutional - M.J. Farms, Ltd. v. Exxon Mobil Corporation, No. 07-CA-2371

Posted on July 02, 2008
by Katherine K. Green and Richard D. McConnellThere are scores of oilfield contamination cases, coined “legacy lawsuits,” in which landowners claim that their property has been contaminated by historical oil and gas exploration and production operations...

CMS Issues Stark Law Advisory Opinion on Physician Ownership and the Rural Provider Exception to the Stark Law

Posted on June 30, 2008
by Clay J. CountrymanThe Centers for Medicare and Medicaid Services (“CMS”) recently issued on June 8, 2008 an advisory opinion in which CMS addressed whether a proposed physician ownership in a diagnostic center complies with the rural provider exception to the Stark Law...

Louisiana Decision on Sale of Minority LLP Interest Absent Liquidation Has Health Care Provider Implications

Posted on June 26, 2008
by Linda G. RodrigueOn April 16, 2008, the Louisiana Third Circuit Court of Appeal upheld a trial judge’s application of a 35% minority discount in determining the fair market value of the interest of a partner withdrawing from a limited liability partnership (LLP)...

OSHA Site-Specific Targeting of 3,800 High Hazard Workplaces Recently Announced

Posted on June 24, 2008
by Laura L. Hart        On May 19, 2008, OSHA Directive Number 08-03 became effective. That directive provides the criteria by which OSHA will conduct the 2008 Site-Specific Targeting (“SST-08”) plan...

Keeping Up With Spill Prevention, Control, and Countermeasure Regulations

Posted on June 12, 2008
By T. Shane SandeferSeveral developments concerning the Spill Prevention, Control, and Countermeasure (SPCC) regulations occurred in 2006 and 2007. Thoughtful planning and continued tracking of these developments will be necessary to ensure compliance...

CMS Issues Stark Law Advisory Opinion on Hospital Providing Software Interface to Physicians

Posted on June 04, 2008
By Clay J. CountrymanOn May 30, 2008, the Centers for Medicare & Medicaid Services (CMS) issued an Advisory Opinion regarding a proposed arrangement under which a hospital system would license a custom software interface for use by the physicians on its medical staffs...

Louisiana Supreme Court to Rehear Borel v. Young

Posted on June 03, 2008
By Deborah JuneauThe Louisiana Supreme Court recently held in Borel v. Young that La. R. S. 9:5826(A) provided for both a one year prescriptive period and a three year peremptive period to file a claim for medical malpractice. The decision in Borel made it clear that a plaintiff had to file suit against a health care provider no later than three years from the date of the alleged act, omission, or negligence giving rise to the claim...

Louisiana Supreme Court Rehears Borel v. Young

Posted on June 03, 2008
By Deborah JuneauThe Louisiana Supreme Court recently held in Borel v. Young that La. R. S. 9:5826(A) provided for both a one year prescriptive period and a three year peremptive period to file a claim for medical malpractice. The decision in Borel made it clear that a plaintiff had to file suit against a health care provider no later than three years from the date of the alleged act, omission, or negligence giving rise to the claim...

Refusal to Hire Impaired Worker Not Disability Bias Under ADA

Posted on May 28, 2008
By Terry McCayIn a recent decision from the federal court for the Southern District of Texas, a refinery’s refusal to hire an applicant who admitted to having weakness on the right side of his body did not violate the Americans With Disabilities Act (ADA)...

Recent Daubert Challenges to Experts in Environmental Litigation

Posted on May 15, 2008
By Esteban Herrera and Richard McConnellEnvironmental litigators face unique challenges in dealing with the expert phase of a lawsuit.  For example, a lawsuit involving alleged environmental contamination of soil, groundwater, or surface waters may require the use of experts such as environmental/civil engineers, hydrogeologists, hydrologists, geologists, soil scientists, agronomists, analytical chemists, toxicologists, environmental chemists, risk assessment experts, wetlands scientists, health physicists, biologists, and statisticians...

A Vessel Under Construction is (Still) NOT a Vessel

Posted on April 25, 2008
by Michael J. O'BrienIn the recent case of Cain v. Transocean Offshore USA, Inc., et al., No. 05-300963, the United States Court of Appeals for the Fifth Circuit affirmed its long standing decision that a watercraft under construction is not a “vessel in navigation” for purposes of the Jones Act...

Kean Miller Hosts Prep Program for College Students

Posted on April 16, 2008
by Linda Perez ClarkThe second annual "Kean Miller Connection," a 2-day law school prep program for college students, will be held May 15th and 16th at Kean Miller's office in Baton Rouge.The goal of the program is to “connect” participants with information helpful to their decision to attend law school and become a lawyer...

Family Medical Leave Act Amended as Part of National Defense Authorization Act

Posted on April 14, 2008
by Theresa R. HagenOn January 28, 2008, the Family and Medical Leave Act (“FMLS”) was amended as part of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2008. A copy of the amended FMLA is available at www...

Louisiana Air Toxics Regulations Revised by LDEQ

Posted on April 08, 2008
by Kyle B. BeallThe Louisiana Department of Environmental Quality recently finalized revisions to the “Comprehensive Toxic Air Pollutant Emission Control Program” set forth in LAC 33:III.Chapter 51 of the Louisiana Air Quality Regulations...

The TWIC: What Is It, Who Needs It, and How Can I Get It

Posted on March 13, 2008
by Michael J. O'BrienThe Transportation Worker Identification Credential (TWIC) is a new security measure established by Congress through the Maritime Transportation Security Act (MTSA) to ensure that individuals who pose a threat do not gain unescorted access to secure areas of the nation’s maritime transportation system...

IRS Provides Safe Harbor For Like Kind Exchange

Posted on March 10, 2008
by Kevin C. CurryTaxpayers often own a vacation home or other residential property that they desire to exchange in a tax-deferred like kind exchange under Section 1031 of the Internal Revenue Code. Under Section 1031, no gain or loss is recognized on the exchange of property held for use in a trade or business or for investment if the property is exchanged solely for property of like kind that is to be used in either a trade or business or for investment...

IRS Issues Notice Explaining Go Zone Recapture Rules For Like Kind Exchanges of Go Zone Property

Posted on March 05, 2008
by Kevin C. CurryThe IRS issued Notice 2008-25 explaining how the recapture rules for the 50% bonus depreciation under the GO Zone legislation applies to GO Zone property involved in either a like kind exchange under Section 1031 of the Internal Revenue Code (the "Code") or an involuntary conversion under Section 1033 of the Code...

Jones Act and FELA Employers Enjoy Same Negligence Standard as Employees

Posted on March 03, 2008
by Stephen C. HanemannThe United States Supreme Court recently held that a single standard of causation now applies when assessing the negligence of an employer and employee under FELA. Norfolk Southern R. Co. v. Timothy Sorrell, 127 S.Ct. 799, 166 L...

Jones Act Employers Have Recourse Against Negligent Employees

Posted on February 28, 2008
by Stephen C. HanemannThe U.S. Fifth Circuit Court of Appeals has unequivocally held that a shipowner-employer may pursue a claim for reimbursement of costs for damage to property against its negligent seaman-employee. Withhart v. Otto Candies, 431 F...

Where You May Be Doing Business - The Personal Jurisdiction Snare

Posted on February 26, 2008
by James R. Chastain, Jr. In New Investment Properties, L.L.C. v. ABC Company, et al, 2007 W.L. 4305464 (4TH Cir. 2007), the Court of Appeals addressed the range of personal jurisdiction. Like that of a shepherd’s crook, the court exercised personal jurisdiction over a non-resident defendant...

Recovery of Non-Pecuniary Damages Prohibited Under Jones Act

Posted on February 21, 2008
by Stephen C. HanemannThe issue of recovery of non-pecuniary damages [1] by a Jones Act seaman is one that often confronts both the seaman’s employer and non-employer third-parties from whom damages are sought. No case set forth a more succinct resolution of this issue than Scarborough v...

Louisiana's Third Circuit Court of Appeals Upholds District Court's Dismissal of Legacy Oil Field Plaintiff's Contract and Tort Claims In LeJeune Brothers, Inc. v. Goodrich Petroleum Co., L.L.C., et al.

Posted on February 18, 2008
by Laura L. HartThe 16th Judicial District Court granted a well operator’s motion for summary judgment and exception of no right of action and dismissed all of a property owner’s claims in a pending legacy oilfield suit. The Louisiana Third Circuit Court of Appeal upheld the trial court’s decision in LeJeune Brothers, Inc...

Arbitration Not Applicable to Contract of Labor

Posted on February 11, 2008
by James R. "Sonny" ChastainThe issue of the enforceability of an arbitration clause in a service contract was recently addressed in Wright v. 3P Delivery, L.L.C., 2007 WL 3171260 (La. App. 3d Cir. 2007). In this action, Plaintiff Chester Wright and Defendant 3P Delivery, L...

Fifth Circuit Issues First Opinion Regarding A Sarbanes-Oxley Whistleblower Complaint

Posted on February 07, 2008
by Scott D. HuffstetlerOn January 22, 2008, in Allen v. Administrative Review Bd., ____ F.3d ____, 2008 WL 171588 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit (the federal appellate court circuit that includes Louisiana, Mississippi, and Texas) issued its first ruling addressing the employee whistleblower protections provided by the Sarbanes-Oxley Act (“SOX”)...

European Union to Cut Greenhouse Gas Emissions by Twenty Percent by 2020: European Commission Issues Climate Change Policy Package

Posted on February 04, 2008
by Laura L. HartThe European Commission recently released a preliminary package of broad climate change policies that would affect industry, energy generation and transportation in the European Union. The goals of the climate change policies are to: (1) to reduce greenhouse gas emissions by twenty percent (20%) below 1990 levels by the year 2020; (2) to increase the proportion of power generated by renewable resources to twenty percent (20%) of total energy consumption; and (3) to institute a mandate that ten percent (10%) of the fuel consumed by the European vehicles to be from biofuel sources...

Physician Must Comply With Terms of Non-Competition Agreement

Posted on February 01, 2008
by Valerie A. JudiceOn September 26, 2007, the Louisiana Second Circuit Court of Appeal upheld the judgment of the First Judicial District Court in Caddo Parish in finding that the noncompetition and nonsolicitation clauses in a contract between a urology clinic and a professional medical corporation ("PMC") were enforceable as to the physician who had formed the PMC...

Professional Courtesy Exception under Stark III: Significant Changes

Posted on January 04, 2008
by Linda G. RodrigueOn December 4, 2007, Phase III of the Stark Law’s regulations became effective. They include some significant substantive changes, one of which is a change to the professional courtesy exception. This change is likely to have a significant effect on many designated health service (“DHS”) providers, as those entities are defined by the Stark Law...

EPA Adopts Final Rule to Clarify "Reasonable Possibility" Recordkeeping and Reporting Requirements

Posted on January 03, 2008
by Maureen N. HarbourtOn December 21, 2007, EPA published notice of its adoption of a final rule to “clarify” the recordkeeping and reporting requirements for projects that do not constitute a major modification under the prevention of significant deterioration (“PSD”) and nonattainment new source review (“NNSR”) programs when calculated by the baseline actual emissions to projected actual emissions (“BAE to PAE”) methodology, but which have a “reasonable possibility” to result in a significant emissions increase...

ERC Launches Plan To Make Gas Markets Transparent, Monitor Price Information

Posted on December 28, 2007
by Lawrence J. Hand, Jr.On December 20, 2007, the Federal Energy Regulatory Commission approved a final rule in docket no. RM07-10-000 to require certain natural gas market participants to file an annual report reflecting wholesale, physical natural gas transactions...

Florida Estate Planning Lawyer Blog

Posted on December 11, 2007

Medicaid Recoupment Based on Lack of Medical Necessity Not Permitted If Based on Review of Billing Records Alone

Posted on December 05, 2007
by Linda G. RodrigueOn November 2, 2007, the Louisiana Court of Appeal for the First Circuit ruled that the Louisiana Medicaid Program may not recoup payments from a health care provider participating in Medicaid based solely on a billing record review when the basis for the alleged overpayment is that the services were not medically necessary...

FCC Prohibits Enforcement of Cable Operators' Exclusive Access Clauses for Multiple Dwelling Units

Posted on November 20, 2007
by Gordon D. PolozolaThe Federal Communications Commission has issued a Report and Order prohibiting cable operators from enforcing or executing any provision in a contract that grants an operator the exclusive right to provide cable services to apartment buildings, condominiums and certain other multiple dwelling units (MDUs) in an effort to bring the benefits of competition to the increasing number of residents living in MDUs...

Abandonment Period for Cases Filed Prior to Hurricanes Katrina and Rita Extended to Five Years by Recent Amendment of Louisiana Code of Civil Procedure Article 561

Posted on November 15, 2007
by Laura L. Hart2007 La. Acts No. 361 amended Louisiana Code of Civil Procedure Article 561 to provide an exception to the abandonment period for cases filed before the landfall of Hurricanes Katrina and Rita. The amendment extends to five (5) years the abandonment period for cases that meet the requirements set forth in La...

Single Business Enterprise Theory Continues to Gain Ground

Posted on November 13, 2007
by Dean P. CazenaveThe Louisiana Fourth Circuit Court of Appeal recently held that the single business enterprise theory may apply in a breach of contract case.The single business enterprise theory, a jurisprudential theory under which one or more entities affiliated with another entity may be held liable for such other entity’s debts or liabilities, was first recognized in Louisiana by the First Circuit Court of Appeal in 1991 in the case of Green v Champion Insurance Co...

Statutory Prohibition Against Arbitration of Labor Contracts

Posted on November 12, 2007
by Linda Perez ClarkLouisiana law prohibits arbitration clauses in “contracts of employment of labor.” In Wright v. 3P Delivery, LLC, 2007-683 (La.App. 3 Cir. 10/31/07) --- So.2d ----, the court was asked to consider whether an arbitration clause in a contract requiring the plaintiff, an individual, to provide transportation services along with handling, loading and unloading of shipments for defendant, fell within this prohibition...

Federal Protection for Gays and Lesbians Forthcoming?

Posted on November 09, 2007
by  A. Edward Hardin, Jr.On Thursday, November 8, The New York Times reported that the U.S. House of Representatives passed the Employment Nondiscrimination Act. The Act grants gays and lesbians protections from discrimination in the workplace...

Reckless Disregard Upheld as Standard in Criminal Conviction

Posted on November 09, 2007
by Linda G. RodrigueThe United States Court of Appeals for the Ninth Circuit recently upheld the health care fraud conviction of a mental health clinic owner in Idaho, ruling that proof of intent to defraud can be made by showing reckless indifference to the truth or falsity of statements in health care cases...

Jury Sides with the Wham-O Slip 'N Slide

Posted on November 08, 2007
by James R. Chastain, Jr.A jury in California issued a $6 million verdict against SLB Toys USA, Inc. (also known as ToyQuest) in favor of Wham-O, Inc., the manufacturer of the famous backyard yard toy, the Slip ‘N Slide. Wham-O owns two registrations for design marks for water slides which include the color yellow as part of the registration...

OIG Issues Advisory Opinion on Ambulatory Surgical Centers

Posted on November 05, 2007
by Valerie A. JudiceOn October 19, 2007, the Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion No. 07-13 concerning ownership in ophthalmology Ambulatory Surgical Centers (ASCs). The Advisory Opinion can be found at http://www...

Louisiana New Home Warranty Act Protects Insurance Carriers

Posted on October 29, 2007
by Todd A. RossiThe Louisiana New Home Warranty Act provides the exclusive remedies, warranties, and prescriptive periods (statute of limitations) as between builder and owner related to home construction. The Act’s minimum required warranties are mandatory, and cannot be waived by the owner or reduced by the builder...

Lack of Final Determination Precludes Insurance Coverage Summary Judgment

Posted on October 25, 2007
by Todd A. RossiLouisiana courts preclude summary judgments on insurance coverage matters until the underlying litigation is resolved and the factual basis for the insured’s liability is determined. For example, in Vidrine v. Constructors, Inc., 953 So...