Liskow & Lewis’ Shannon Holtzman, James Brown, and A’Dair Flynt recently secured several key rulings in a putative class action.  Caluda, et al v. City of New Orleans, et al,  No. 19-2497, 2019 WL 3283138, 2019 WL 3291014 (E.D. La. July 22, 2019).  The suit was a second attempt to obtain class relief on behalf of personal property taxpayers after those claimants were excluded from the class in a class action also defended by Liskow in Fransen v. City of New Orleans, et al., 2018 WL 1516989 (La. App. 4th Cir. Mar. 28, 2018) (affirming certification that reduced the requested class by more than two thirds).

On June 24, 2019, the United States Supreme Court issued its decision in the landmark maritime case concerning punitive damages, The Dutra Group v. Batterton.  The question presented was whether punitive damages may be awarded to a Jones Act seaman in a personal injury suit alleging a breach of the general maritime duty to provide a seaworthy vessel.  The district court denied the defendant’s motion to strike the punitive damages claim; the Ninth Circuit affirmed. 

While oil and gas company-defendants—and several courts alike—have deemed the applicability of the subsequent purchaser doctrine to mineral leases a settled issue of law, plaintiff-landowners have continued to argue otherwise.  A landowner in a recent Louisiana legacy lawsuit filed a Supreme Court writ application challenging a dismissal based upon the subsequent purchaser doctrine.  On February 18, the Supreme Court denied the writ application, maintaining in force the dismissal of all claims against defendants BP America Production Company and BHP Billiton Petroleum (Americas), Inc.  Liskow lawyers Kelly Becker, Katie Roth, and Kathryn Gonski served as appellate counsel.   

On December 5, 2018, the Louisiana Supreme Court ruled in favor of Louisiana taxpayers confirming a lower court ruling that Act 109, legislation amending La. R.S. 47:33, a state income tax statute that provides a credit to taxpayers for income taxes paid in other states, is unconstitutional. Liskow handled this litigation for the taxpayers from the ruling of the Nineteenth Judicial District Court for the Parish of East Baton Rouge through the Louisiana Supreme Court decision confirming that Act 109 discriminates against interstate commerce in violation of the Commerce Clause of the United States Constitution.

"The firm is experiencing an exciting period of growth, and the opening of our Baton Rouge office is only a fraction of what we are doing to meet our clients' ever-changing needs. Since the founding of Liskow & Lewis in 1935, clients have always been at the center of our plans. I am thrilled that we are able to increase our presence in Baton Rouge, and we look forward to keeping our clients at the focus of all that we do at Liskow & Lewis.”

- Bob Angelico, President and Managing Partner