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Terrebonne Parish to Enforce Employee Mask-Wearing in Retail Stores, Restaurants www.houmatimes.com/news/terrebonne-parish-to-enforce-employee-mask-wearing-in-retail-stores-restaurants/
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STATE OF LOUISIANA PROCLAMATION NUMBER 83 JBE 2020 RENEWAL OF STATE OF EMERGENCY FOR COVID-19 PHASE 2 OF RESILIENT LOUISIANA gov.louisiana.gov/assets/Proclamations/2020/83-JBE-2020-State-of-Emergency-COVID-19-Resilient-Louisiana-Phase-2.pdf Houma Police Department Gives Back, Strengthens Relationships in the Community www.houmatimes.com/who-dat/houma-police-department-gives-back-strengthens-relationships-in-the-community/ Supreme Court Strikes Down Louisiana Abortion Restrictions
www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html US Court of Appeals for the Fifth Circuit Opinions Big Time Vapes, Inc. v. FDA Docket: 19-60921 Opinion Date: June 25, 2020 Judge: Jerry E. Smith Areas of Law: Government & Administrative Law, Health Law In section 901 of the Family Smoking Prevention and Tobacco Control Act (TCA), Congress authorized the Secretary of Health and Human Services to determine which other products should be governed by the TCA's regulatory scheme. Plaintiffs filed suit against the FDA, its Commissioner, and the Secretary, asserting that Congress's delegation to the Secretary was unconstitutional. The Fifth Circuit affirmed the district court's dismissal of the complaint, holding that section 901's delegation to the Secretary does not violate the nondelegation doctrine. The court held that Congress undeniably delineated its general policy in the TCA; Congress plainly limited the authority that it delegated; and the relevant caselaw supports these conclusions. Read Opinion Hale v. Metrex Research Corp. Docket: 18-20640 Opinion Date: June 24, 2020 Judge: Per Curiam Areas of Law: Personal Injury, Products Liability Claiming that she suffered injuries when her dentist soaked her dentures in CaviCide disinfecting solution, which is manufactured by Metrex, plaintiff filed suit against Metrex, the dentist, the Department of Veterans Affairs, and others. The Fifth Circuit affirmed the district court's grant of judgment on the pleadings to Metrex on plaintiff's claim that Metrex failed to warn and label its product adequately. The court held that plaintiff's failure to warn claim failed as a matter of law because she admitted in her complaint that CaviCide's label warned against the specific use that allegedly caused her injuries. In this case, plaintiff conceded that the use of CaviCide to disinfect dentures or any surface or instrument that contacts mucous membranes is prohibited by the CaviCide label. Furthermore, plaintiff maintained that her injures were caused by the dentist's failure to follow manufacturer's instructions clearly printed on the label for the proper use of the product. Read Opinion HR9 calling for JPSO to create body camera policy passes unanimously in the House www.wdsu.com/article/hr9-calling-for-jpso-to-purchase-body-cameras-passes-unanimously-in-the-house/32948823# Food distribution event scheduled for Tuesday in Houma
www.houmatimes.com/news/food-distribution-event-scheduled-for-tuesday-in-houma/ McIntyre v. Nissan North America, Inc. Docket: 19-60246 Opinion Date: June 18, 2020 Judge: Leslie Southwick Areas of Law: Labor & Employment Law The Fifth Circuit withdrew its previous opinion and substituted the following opinion. The court affirmed the district court's grant of defendants' motions for summary judgment in an action brought by plaintiff, alleging that he was wrongfully discharged for having a firearm in his vehicle parked in the employee lot. Plaintiff argued that his discharge was wrongful under Miss. Code. Ann. 45-9-55(1). The court held that the section 45-9-55(2) exception applies because the general public's access to Lot 1B was restricted or limited. Therefore, the statutory exception to the right of an employee to have a firearm in his vehicle applies in this case. The court declined to consider Nissan's remaining arguments. Read Opinion Heat, politics stifling for Houma public housing residents www.wwltv.com/article/news/investigations/david-hammer/heat-politics-stifling-for-houma-public-housing-residents/289-685395d6-faba-4ac1-8642-cc8a561227a8 US Court of Appeals for the Fifth Circuit Opinions Martin Energy Services, LLC v. Bourbon Petrel M/V Docket: 19-30612 Opinion Date: June 17, 2020 Judge: Stuart Kyle Duncan Areas of Law: Admiralty & Maritime Law After Martin delivered free fuel to three support vessels owned by CGG, the support vessels then carried the fuel in their cargo tanks to refuel three other vessels. Martin filed suit after CGG failed to pay for the fuel. The Fifth Circuit held that the district court's conclusion that Martin had a maritime lien on the support vessels unduly expanded the court's maritime lien precedents. Under the Commercial Instruments and Maritime Liens Act, a person may obtain a maritime lien against a vessel by providing it with "necessaries." The court explained that fuel may be necessary to a vessel if it fuels the vessel, but the fuel transported by the support vessels in this case was for refueling other vessels. Therefore, the court held that the fuel was not necessary to the support vessels and reversed the district court's judgment. Read Opinion US Court of Appeals for the Fifth Circuit Opinions Denton County Electric Coop v. NLRB Docket: 18-60474 Opinion Date: June 16, 2020 Judge: Jennifer Walker Elrod Areas of Law: Labor & Employment Law The Fifth Circuit withdrew its prior opinion and substituted the following opinion. The court denied in part and granted in part CoServ's petition for review and denied in part and granted in part the Board's cross-application for enforcement. The court held that CoServ's challenge against the Board's findings of unfair labor practices failed; under the governing four-factor test, substantial evidence supports the Board's finding that CoServ's unfair labor practices tainted the second decertification petition; as to the affirmative bargaining order, the Board failed to justify it under Fifth Circuit case law; and, because a bargaining order was not justified, the court vacated the order. The court also vacated the Board's issuance of the public-notice-reading order because it cannot be justified under the facts of this case. Read Opinion US Supreme Court Decisions
Bostock v. Clayton County, Georgia Holding: An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 15, 2020. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Kavanaugh filed a dissenting opinion. Community rallies in Houma for Change www.houmatimes.com/news/gallery-community-rallies-in-houma-for-change/ US Court of Appeals for the Fifth Circuit Opinions Converse v. City of Kemah Docket: 17-41234 Opinion Date: June 12, 2020 Judge: James L. Dennis Areas of Law: Civil Rights, Constitutional Law Plaintiffs, family members of Chad Ernest Lee Silvis, filed suit against police officers for deliberate indifference after Silvis committed suicide in a jail cell by hanging himself with a blanket that one of the officers gave him. The Fifth Circuit reversed the district court's dismissal of plaintiffs' claims based on qualified immunity, holding that the complaint contains sufficient factual allegations to state a claim for relief. In this case, plaintiffs have pleaded sufficient facts that allow the court to draw the reasonable inference that the officers are not entitled to qualified immunity because they were subjectively aware that Silvis was at a significant risk of suicide and responded unreasonably to that risk by failing to remove the blanket from Silvis's cell, in violation of the Fourteenth Amendment. Read Opinion Electronic Signatures Are Valid in Louisiana.
RS 9:2607 §2607. Legal recognition of electronic records, electronic signatures, and electronic contracts legis.la.gov/legis/Law.aspx?d=107133 United States v. Reyes Docket: 19-10291 Opinion Date: June 5, 2020 Judge: Jerry E. Smith Areas of Law: Criminal Law The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after she pleaded guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. The court held that the officer who pulled defendant over had reasonable suspicion to extend the stop for a canine sniff where the government offered several specific facts in support of reasonable suspicion. In this case, among other things, defendant was pulled over in a well known drug-trafficking corridor, she drove a truck registered in someone else's name, she took unusual measures to protect the truck, she offered inconsistent and implausible stories about the purpose of her travel, and she had a conviction for possession of meth. The court also held that defendant was not entitled to Miranda safeguards during the routine traffic stop. Read Opinion United States v. Calzada Vega Docket: 16-41663 Opinion Date: June 4, 2020 Judge: Stephen Andrew Higginson Areas of Law: Criminal Law The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of illegal reentry after deportation. Both parties agree that the merit's of defendant's appeal are foreclosed by the Supreme Court's decision in Quarles v. United States, 139 S. Ct. 1872 (2019). At issue is whether defendant's release from custody mooted his challenge to the presentencing report's calculation of his sentencing guidelines. The court applied United States v. Lares-Meraz, 452 F.3d 352 (5th Cir. 2006), and held that defendant's appeal of the eight-level sentence enhancement under USSG 2L1.2(b)(1)(C) is not moot because he remains subject to a term of supervised release. Read Opinion Gov. Edwards Declares State of Emergency in Advance of Cristobal Potentially Making Landfall in Louisiana www.houmatimes.com/news/gov-edwards-declares-state-of-emergency-in-advance-of-cristobal-potentially-making-landfall-in-louisiana/ Nicholls announces name changes to Polk Hall and Beauregard Hall www.houmatimes.com/news/nicholls/nicholls-announces-name-changes-to-polk-hall-and-beauregard-hall/ US Court of Appeals for the Fifth Circuit Opinions United States v. Maes Docket: 18-60881 Opinion Date: June 1, 2020 Judge: Carl E. Stewart Areas of Law: Criminal Law The Fifth Circuit affirmed defendant's conviction and sentence stemming from a methamphetamine distribution and money laundering conspiracy. The court held that the district court plainly erred in limiting an inmate's testimony; the district court did not abuse its discretion by allowing the prosecutor to ask a few pointed questions about defendant's arrest for possessing marijuana in California when he had essentially testified that he believed his dealings in California were entirely legal; any error in allowing the testimony did not affect his substantial rights and was harmless; the district court did not plainly err by failing to immediately issue a limiting instruction about defendant's arrest during his cross-examination; the district court did not abuse its discretion by ordering a defendant to remain shackled during trial where nothing suggested the shackles were visible to the jury and particularized needs justified the shackling; defendant failed to show that the district court plainly erred in calculating his Guidelines range; and defendant's sentence was not substantively unreasonable. Read Opinion Community gathers for Peaceful Black Lives Matter demonstration in front of Terrebonne Parish Courthouse www.houmatimes.com/news/community-gathers-for-peaceful-black-lives-matter-demonstration-in-front-of-terrebonne-parish-courthouse/ Medical Marijuana Expansion Nears Final Passage in Louisiana kadn.com/medical-marijuana-expansion-nears-final-passage-in-louisiana/ |
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