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.
A Precedential Win in Patent Infringement Appeal
On Friday, April 12, 2024, LuLu Reisman, George Denegre, Carey Menasco, and Melanie Derefinko secured a significant appellate victory for Luv n’ care, Ltd. (“LNC”), an international manufacturer of baby products, against Eazy-PZ, LLC (“EZPZ”), a Colorado-based baby product manufacturer and former Shark Tank contestant, in a patent and trade dress infringement case.
Dismissal with Prejudice of Plaintiffs’ Claims Against Building Products Manufacturer
Liskow lawyers Tyler Trew and Sheri Corales recently secured a ruling in their favor in Louisiana state court, at the preliminary stage of the litigation, dismissing the entirety of Plaintiffs’ claims against Liskow’s client, Lincoln Wood Products, Inc. (“Lincoln”).
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.
All Bark and No Bite: Middle District Finds Conclusory Intentional Tort Allegations Against Employer Insufficient to Prevent Removal on Improper Joinder Grounds
On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight v. Turner Industries Group, L.L.C., et al., No. 23-469 (M.D. La.).
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.
DOL Issues New Test for Employee/Independent Contractor Classification
The U.S. Department of Labor (“DOL”) has published its new final rule regarding whether workers are properly classified as employees, who are subject to the overtime and minimum wage protections of the Fair Labor Standards Act (“FLSA”), or independent contractors, who are not.
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.