Louisiana Lawyer Blog

Two Louisiana workers suffered fatal work-related injuries this month. In Houma, a Gulf Island Fabrication worker was killed when a cable at his work site loosened in the process of moving a 700-pound metal sheet piling. Also, a R&R Construction contractor was electrocuted and killed while working on a chlor-alkali unit.

These two tragic accidents highlight the critical need for employers to maintain safe working environments for workers, especially in the construction industry. The construction industry remains one of the most dangerous industries for workers, and all too often many of these hazards stem from employer negligence.

Employers are legally required to provide a reasonably safe work environment and to warn workers of all hazards associated with their work. If an employer fails to meet these requirements and this failure causes an employee's injury, the employer may be held legally responsible for the injury. Examples of employer negligence include an employer's failure to implement adequate safety procedures and an employer's failure to properly train employees. An employer may also be held liable if it knowingly subjects its employees to dangerous working conditions.

Continue reading "2 Louisiana Workers Killed in Work Injury Accidents" »

Last week, the Senate proposed a bill purporting to accelerate the FDA's review times for medical devices. The proposed legislation would relax current conflict of interest rules that apply to FDA advisers, reversing an existing law. Currently, federal law prohibits an expert with a financial stake in medical device companies or competitors from serving on an FDA advisory panel.

Congress implemented these conflict of interest rules to remove corporate self-interest from FDA advisory panels. But since the implementation of these rules, critics have alleged that the current law prevents the release of new medical devices to consumers. The new legislation could benefit consumers by shortening the waiting period for cutting-edge medical devices.

This proposed legislation could also have unintended effects. Most notably, the legislation could also increase the number of dangerous medical devices on the market, endangering the health and safety of patients as biased FDA advisors could lead to the release of medical devices without adequate testing or warning to consumers.

Continue reading "Expediting FDA Review: Good for Corporations; Bad for Consumers" »

The Supreme Court is back in session with a full docket for the month of October. Early this month, the Court confronted the controversial question of whether the American with Disabilities Act (ADA) applied to a school teacher at a Lutheran school. The Court heard oral arguments this week, but a decision is not expected for months.

In the case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a parochial school teacher claimed that she was fired out of retaliation for threatening to file a formal complaint with the EEOC after her school allegedly discriminated against her on the basis of an illness.

Congress has enacted several statutes that prohibit employment discrimination on the basis of race, sex, nationality, religion and disability. Ordinarily, the ADA prohibits employment discrimination on the basis of disability or illness. However, in light of the First Amendment, courts have carved out a ministerial exemption for church employees who carry out religious duties.

Continue reading "Supreme Court Tackles Employment Discrimination" »

The Department of Justice (DOJ) filed two felony charges in a bill of information in a Lafayette federal district court against Pelican Refining Company for knowingly violating its permit issued by the Clean Air Act at its refinery located in Lake Charles.

The U.S. Attorney's Office alleges that from 2005 to 2007, the company knowingly released pollutants into the environment. According to the DOJ, a federal investigation revealed the refinery's substandard operating conditions, including the intentional release of hydrogen sulfide into the air, the storage of crude oil in tanks in need of repair and the use of plastic children's swimming pools to control petroleum leaks.

The Clean Air Act is a federal statute designed to prevent and control environmental contamination through the creation of emissions standards, regulations and permit requirements. With Louisiana being home to more than 30 operating refineries, environmental contamination is a serious concern in the state.

Continue reading "Lake Charles Refinery Crackdown" »

After fatal plane crashes at two different air shows within a 24-hour-period, critics are now questioning air show safety in the United States. The first plane crashed in Reno at the National Championship Air Races, killing nine people, including its 74-year-old pilot, and seriously injuring 69 bystanders. Just one day after this accident, another plane crashed at an air show in West Virginia, killing the pilot.

Investigators believe a mechanical error caused the missile-like impact of the Reno crash. Bystanders at the Reno air race reported hearing an unusual gurgling engine noise before the plane plunged into the crowd. The cause of the West Virginia plane crash remains unknown. The pilot attempted to begin an air routine but the plane crashed prior to his completion of the maneuver. National Transportation Safety Board (NTSB) investigators are now at the scene to determine the cause of the accident.

Currently, the Federal Aviation Administration (FAA) has a substantial role in ensuring spectator safety at U.S. air shows. Prior to an air show, the FAA reviews the show's plans and inspects participants' planes and courses to ensure spectator safety in the event of a crash. The FAA also requires pilots to obtain medical certificates prior to participating in an air show and to prove that they are competent to participate in the show.

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