September 2008 News
Consumer Bankers Association Conference -- The CBA held its annual conference in New Orleans on June 6-9, 2006 at the Sheraton Hotel. Ron White presented a paper entitled "The Bankruptcy Abuse Prevention And Consumer Protection Act of 2005: The Impact on Consumer Cases", which discussed the 2005 amendments to the Bankruptcy Code confining Chapter 7 discharges to certain threshold requirements. The credit industry pushed Congress for these changes in order to curb abuses in personal bankruptcy filings and create a preference for Chapter 13 repayment plans. The audience consisted of CBA members who are mostly institutional banks and other lenders.¼A href="http://www.mrsnola.com/MRSNOLA.Com/Default.aspx?tabid=65">Visit Ron's page to download this publication.
Fourth Circuit Court of Appeal Victory, Case No. 2005-0521 -- Ron White successfully defended a summary judgment obtained for a client on appeal to the Louisiana Fourth Circuit Court of Appeal. The case involved a sale of property by the City of New Orleans under a revitalization program. Plaintiff who held a fractional interest in the property challenged the sale for lack of notice and due process. The Fourth Circuit held that sale notice was proper and even went further to overrule earlier adverse case law upon which plaintiff relied. The decision will have a significant impact on a myriad of other similar cases facing the City.¼A href="http://www.mrsnola.com/Default.aspx?tabid=65">Visit Ron's page to download this publication.
Bob Murphy and Peter Sloss recently won an important victory in the U.S Fifth Circuit Court of Appeals when the court upheld the district court's decisions compelling an American seaman to arbitrate personal injury claims in Terrebonne v. K-Sea Transportation Corp., __ F.3d __ (5th Cir. 2007). Terrebonne alleged that he sustained a hernia injury while employed aboard K-Sea's Tug MARYLAND in November 2000. Terrebonne returned to work shortly thereafter and then agreed to a settlement, in which he received compensation for his injuries up to that point, but reserved claims for further damage related to the hernia, subject to the agreement that any such further claims would be arbitrated. Terrebonne alleged that he had a reoccurrence of the hernia in April 2001 and filed suit, both for the original hernia injury and the April 2001 reoccurrence. The district court stayed the suit and compelled arbitration, finding that the April 2001 "reoccurrence" was "related to" the original hernia and therefore subject to Terrebonne's agreement to arbitrate. After Terrebonne's claims were denied in arbitration, Terrebonne appealed to the Fifth Circuit, arguing that he should never have been required to arbitrate, and that Jones Act seamen cannot be compelled to arbitrate personal injury claims. The Fifth Circuit rejected Terrebonne's arguments and held that the district court had properly compelled arbitration. The Terrebonne decision is the first U.S. Circuit court decision compelling an American seaman to arbitrate personal injury claims.
Ronald L. White was named a director of the firm, effective January 1, 2008.
Timothy D. DePaula joined the firm as an associate on September 8, 2008.
John H. Musser, V recently was appointed to the Louisiana State Bar Association House of Delegates.