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Susan Fahey DesmondBlog Posts

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Loss Of Congressional District Dooms Mississippi’s Medical Marijuana Initiative

The Mississippi Supreme Court held on May 14, 2021 that a citizen initiative to legalize medical marijuana violated the Mississippi Constitution.  The decision turned on the loss of a congressional district due to the 2000 Census.  Butler v. Watson, Case No. 2020-IA-01199-SCT (May 14, 2021). Background The Mississippi Constitution allows amendments in two different ways:...… Continue Reading
May 21, 2021

Commute Time Is Compensable Only When “Integral and Indispensable” to Employee’s Duties, Fifth Circuit Reaffirms

Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the employee’s job duties. Bennett v. McDermott Int’l, Inc., 2021 U.S. App. Lexis 10948 (5th Cir. Apr. 16, 2021). The Fifth Circuit...… Continue Reading
May 6, 2021

Former Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete

Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state.   In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s unfair trade practices statute and intentional interference with business relations after his former employer … Continue reading Former Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete
February 5, 2015

Louisiana Court of Appeals Holds Non-Compete Was Triggered When Employment Agreement Expired, Not When Actual Employment Ended

The Louisiana Court of Appeals, First Circuit, recently affirmed a lower court’s denial of a preliminary injunction to enforce a covenant not to compete in Gulf Industries, Inc. v. Boylan (La. App. 1 Cir. June 6, 2014). The case demonstrates continued careful scrutiny by Louisiana courts of non-compete agreements. Gulf Industries provides highway safety, highway construction, … Continue reading Louisiana Court of Appeals Holds Non-Compete Was Triggered When Employment Agreement Expired, Not When Actual Employment Ended
July 11, 2014