Louisiana Lawyer Blog

A daunting question in employment discrimination litigation is whether Title VII's anti-retaliation protection may apply to third party employees. In Thompson v. North American Stainless Steel, the Supreme Court addressed this very issue, holding that Title VII's ban on workplace retaliation protects co-workers of discriminated employees under certain circumstances. Under Title VII, retaliation occurs when an employer unlawfully fires, demotes, harasses or in any other way "retaliates" against an individual because he or she complained of employment discrimination, filed a charge with the EEOC or participated in an employment discrimination proceeding.

In North American Stainless Steel, an employer fired a female employee's fiancé after the employer discovered that the female employee filed a gender discrimination suit. The fiancée sued the employer under Title VII's anti-retaliation provision for damages and back pay. Lower courts dismissed the fiancé's claims, concluding that Title VII did not permit third-party retaliation claims. The Supreme Court reversed, holding that Title VII's anti-retaliation protection extends to "any person with an interest arguably sought to be protected" by Title VII. In other words, a worker may file suit if his injury is directly related to the statutory prohibitions of Title VII, even if he is not the originally targeted employee.

Continue reading "Louisiana Employee Discrimination" »

After more than a year of accepting claims, BP has asked a federal judge to dismiss several economic claims . Several of these claims were brought by commercial fisherman, tourism-driven businesses, property owners and offshore workers. BP argues that the Oil Pollution Act of 1990 (OPA) is the only theory of recovery under which injured parties may recover economic damage. Accordingly, BP alleges that all other claims filed outside of OPA are preempted.

OPA is a federal statute that gives the federal government greater control in oil spill prevention and response. BP alleges that OPA requires economic loss claimants to first file an economic claim with the "responsible party" for the oil spill, prior to filing suit. Because the federal government designated BP as the "responsible party" in the Deepwater Horizon Gulf Oil Spill, BP asserts that all economic claims should have been filed with the Gulf Coast Claims Facility. BP believes that under federal preemption, OPA preempts any state law claims not filed in accordance with the federal law.

Continue reading "Gulf Oil Spill: BP seeking dismissal of economic loss claims" »

In April, three train accidents occurred within a 24-hour period in Louisiana. The first collision occurred in Jefferson Parish, when a driver, attempting to beat an oncoming Amtrak passenger train, collided with the train. Tragically, the driver was killed in the accident. The second collision involved another Amtrak train that collided with an 18-wheeler near Slidell and derailed off the tracks. Fortunately, the passengers, crew, and 18-wheeler driver only suffered minor injuries. The third collision occurred in Calcasieu Parish, where an Amtrak passenger train struck and killed a woman walking over the railroad tracks. The accidents raise serious concerns about train safety in the state.

Louisiana is ranked fourth in the nation for automobile-train crash fatalities. Louisiana has statutes in place to promote safety at railroad crossings. La. R.S. § 32:171 requires drivers approaching a railroad crossing to obey railroad signals and to stop at least 15 feet from railroad tracks when a signal indicates an approaching train. An individual who violates the statute may be subject to hefty fines and safe driving courses. Train operators are also required to use horns to warn vehicles prior to approaching railroad crossings and to operate trains with the utmost degree of safety and diligence. These statutes establish a duty of care for both train operators and drivers.
In cases involving train accidents, courts apply a negligence analysis. If a train carries passengers, the train is considered a "common carrier" under state law. A common carrier owes a heightened duty of care to its passengers. Under Louisiana jurisprudence, a common carrier should exercise the highest degree of care, skill, and diligence in transporting passengers. If a common carrier breaches this duty, it may be held liable for even the slightest negligence.

Continue reading "New Orleans Train Crash" »

The Louisiana Legislature's 2011 Regular Session convened on April 25. In the midst of this fiscal session, the Legislature introduced three new state-wide bills relative to distracted driving, including a potential ban on the use of handheld cell phones in automobiles. Last session, Governor Jindal signed into a law a ban on texting while driving. This ban designates texting while operating a motor vehicle a primary offense and permits officers to stop drivers to issue fines for violating the law.

The new bills introduced this session reflect a nationwide trend to stop distracted driving in America. First, House Bill 337 requires drivers to use a "hands-free device" when talking on a cell phone in a vehicle. If found violating the law, drivers may face significant fines. Second, House Bill 338 seeks to prohibit drivers from using handheld wireless telecommunication devices, including computers. A violation would result in a $125 fine. Last, House Bill 387 purports to strike and replace an existing state law that only permits the use of video screens in a vehicle if the screen is located behind the driver's seat. This new legislation permits a split-screen in the front seat, as long as the split-screen is not visible to the driver.

Recent studies suggest that distracted driving is equivalent to drunk driving, often resulting in tragic accidents and injuries that could have been avoided. Across the United States, states continue to crack down on the use of electronic devices in motor vehicles. Last month alone, a Massachusetts teenager and a Minnesota mom were criminally charged after their texting while driving resulted in serious accidents causing significant injury. In addition to criminal charges, individuals who cause damage when texting while operating a motor vehicle may also face civil damages, including tort liability.

Continue reading "Louisiana's Dangerous Drivers Targeted" »