Litigation's Latest is intended to provide late-breaking updates to clients and friends of the firm on issues that may impact business throughout the region.  We welcome all comments and suggestions regarding this newsletter.  If you know someone who would like to receive a copy, please e-mail Jane Robert, Editor of Litigation's Latest, at jane.robert@phelps.com.
 

MARCH 2008

Hurricane Katrina Landmark

The Louisiana Supreme Court heard oral argument in Sher v. Lafayette Ins. Co. on February 26, 2008.  Deciding if it will deviate from federal court decisional law enforcing flood exclusions, the Supreme Court will address if flood exclusion clauses are ambiguous...Read more
 

Managing Electronic Data in a Litigation World

The prevalent form of business communication today is electronic mail. It is estimated that over 60 billion e-mails are exchanged every day. Beyond e-mail, most business records were created, exchanged or...Read more
 

Insurance Coverage of Construction Defects:
The Supreme Courts of Louisiana and Texas Weigh In

The Louisiana Supreme Court, Supreme Services and Specialty Co. v. Sonny Greer, Inc., 06-1827 (La. 5/22/07), 958 So. 2d 634, addressed the issue of whether the costs incurred by an owner as a result of the defective installation and construction of concrete slabs by the general...Read more
 

U.S. Supreme Court Liberalizes the Legal Standard
Required to Prevail on a Motion to Dismiss in Federal Court

In a precedent-setting decision, the United States Supreme Court significantly liberalized the long-standing legal standard for granting a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure...Read more
 

New Procedural Rules Impact Jury Trials in Florida

In January 2008, the Florida Supreme Court implemented several important changes that will alter the way jury trials are conducted...Read more
 

Mississippi Supreme Court Rules on Challenge to Expert Witnesses

The Mississippi Supreme Court recently confirmed that trial courts should generally hold an in limine (preliminary) hearing on motions to exclude expert witnesses...Read more
 

Hurricane Katrina – Anticoncurrent Causation Clause Enforced

In a case arising from Hurricane Katrina, the Fifth Circuit upheld an anticoncurrent -causation (“ACC”) clause, finding that it was not ambiguous...Read more
 

Inquiries concerning topics addressed in Litigation's Latest may be directed to any of the attorneys listed below.  Your comments, questions, and suggestions are encouraged.  For more information about Phelps Dunbar and our attorneys' practice areas, please visit www.phelpsdunbar.com.
 

New Orleans

Brent B. Barriere
Harry Rosenberg

Baton Rouge

Steven J. Levine
Jane A. Robert**

Jackson

James W. Shelson*

Tupelo

William M. Beasley

Houston

Patricia Hair*
Kathleen Hopkins Alsina

Tampa

Lawrence P. Ingram
Jessica Kirkwood Alley*

**Editor-In-Chief
*Regional Editor
 

All rights reserved, Litigation's Latest is published as a service to clients and friends of Phelps Dunbar LLP, and should not be construed as legal or professional advice or as opinion on specific fact.