In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action.
Fifth Circuit Narrows CAFA’s Local Controversy Exception Requiring All Plaintiffs Incur Their Principal Injuries in the Forum State
As a matter of first impression, the Fifth Circuit held that an oil-and-gas royalties class action belongs in federal court based on its interpretation that the “principal injuries” prong of the CAFA local controversy exception requires all plaintiffs sustain their principal injuries in the forum state.
US Fifth Circuit Upholds 12(b)(6) Dismissal, Emphasizing Need for Adequate Facts in Contract and Quasi-Contract Claims and Refusing to Allow Amendment to Omit Allegations Fatal to Plaintiff’s Claims
On February 15, 2024, Liskow lawyers Kathryn Gonski and Shannon Holtzman secured a unanimous, published United States Fifth Circuit Opinion in Shaw v. Restoration Hardware, Inc., affirming a Rule 12(b)(6) dismissal without leave to amend. 2024 WL 640246 (5th Cir. Feb. 15, 2024). Through this opinion, the Fifth Circuit reaffirmed the pleading requirements for breach of contract and quasi-contractual claims.
Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments
In a unanimous decision, a three-judge panel of the Louisiana Third Circuit Appeal affirmed the authority of the Louisiana Tax Commission to correct property tax assessments of #pipelines when a local assessor uses values that are too high or do not reflect fair market value. Cheryl Kornick represented the taxpayer in this matter.
United States Supreme Court Halts OSHA COVID-19 Vaccine-or-Test Rule, But Allows CMS Healthcare Worker Vaccine Mandate to Stand
Originally Posted on The Energy Law Blog
In an opinion that employers across the country have been eagerly anticipating, the United States Supreme Court today issued a per curiam opinion blocking the Occupational Safety and Health Administration’s (“OSHA”) rule that would have required roughly 80 million workers to obtain a COVID-19 vaccination or be tested
Louisiana Supreme Court Relies on Employment-at-Will Doctrine in Enforcing Private Employer’s Vaccine Mandate
Originally Posted on The Energy Law Blog
On Friday, January 7, 2022, the Louisiana Supreme Court unanimously upheld a COVID-19 vaccine mandate program that the state’s largest private healthcare system implemented for its employees. Hayes, et al. v. University Health Shreveport, 21-01601 (La. 1/7/22). In doing so, the Court reaffirmed the employment-at-will doctrine, and