AUGUST 31, 2021
FOR IMMEDIATE RELEASE

THE LOUISIANA SUPREME COURT ISSUES THREE ORDERS FOLLOWING THE IMPACT OF HURRICANE IDA

New Orleans, LA- Today, Supreme Court Chief Justice John L. Weimer, acting under the authority of Article V, Section 1 of Constitution of 1974, and the inherent power of this Court, and considering the devastation caused by Hurricane Ida, including road closures, damage due to high winds, and flooding, and the loss of power and water in many areas of the state, for the safety of the public and court staff issued three orders addressing closure of the Louisiana Supreme Court; emergency suspension of prescription and peremption and emergency suspension of abandonment; and emergency suspension of time limitations.  The orders read in pertinent part as follows:

IT IS ORDERED THAT:
The Louisiana Supreme Court Offices and the Supreme Court Clerk of Court’s office will be closed Wednesday, September 1, 2021 thru Sunday, September 19, 2021.   All filings due during this period of closure, shall be deemed timely filed if filed on or before Monday, September 20, 2021.  However, during this closure, the Court will continue to handle emergency matters as necessary.

IT IS FURTHER ORDERED THAT:
Cases scheduled to be heard on the September docket (September 7-9) are hereby postponed to the October docket, the week of October 18, 2021.

Additionally, Chief Justice Weimer, acting under the authority of Louisiana Civil Code Article 3472.1 and Louisiana Code of Civil Procedure Article 562, and considering the state of emergency declared statewide by Governor John Bel Edwards as a result of then-Tropical Storm Ida in Proclamation 165 JBE 2021 on August 26, 2021 and the catastrophic damage that Hurricane Ida has caused in the state released the following Order:

IT IS FURTHER ORDERED THAT:

1. Emergency suspension of prescription and peremption: All prescriptive and peremptive periods are hereby suspended statewide for a period of thirty days commencing from the Governor’s August 26, 2021 declaration of state of emergency.
   
   
2. Emergency suspension of abandonment:  All periods of abandonment are hereby suspended statewide for thirty days commencing from the Governor’s August 26, 2021 declaration of state of emergency.
   
   

Further, Chief Justice Weimer, acting under the authority of Louisiana Code of Criminal Procedure Articles 955 and 958, and considering the state of emergency declared statewide by Governor John Bel Edwards as a result of then-Tropical Storm Ida on August 26, 2021 in Proclamation Number 165 JBE 2021 and the catastrophic damage that Hurricane Ida has caused in the state, released the following Order: 

IT IS HEREBY ORDERED THAT:
Emergency suspension of time limitations.  All time periods, limitations, and delays limitations pertaining to the initiation, continuation, prosecution, defense, appeal, and post-conviction relief of any prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the parishes of Ascension, Assumption, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, Point Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Washington, West Baton Rouge and West Feliciana are hereby suspended for a period of 30 days commencing from August 26, 2021.

Court Closure Orders and information from courts across Louisiana are posted on the website of the Louisiana Supreme Court, www.lasc.org, as they are received. 

For more information visit lasc.org or contact Louisiana Supreme Court Public Information Specialist/Coordinator Trina S. Vincent at [email protected] or (504) 310-2590. 
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Blair joined the firm in April 2021 as Of-Counsel. He practices commercial and general litigation. Blair graduated from Louisiana State University in 2004 with a Bachelor's degree in Mass Communications / Political Communication. While working full-time, Blair enrolled in the night program at Loyola University New Orleans, School of Law, where he received his Juris Doctorate. In 2013, Blair became a Graduate Fellow for the Loyola University Institute of Politics.

Blair worked ten years as an Assistant District Attorney for the Jefferson Parish District Attorney's Office, and he practiced in violent crime prosecution with the Felony Trials Unit, including homicides, armed robberies, and child sex cases. Before leaving the Jefferson Parish District Attorney's Office, Blair was the Deputy Chief of their Juvenile Unit and managed juvenile prosecution, Families in Need of Services cases, Child In Need of Care cases, IV D Child Support Cases, the Assistant District Attorney Training Program, and other administrative duties. Blair was also a member of the Louisiana District attorney's Association and contributed to legislative agendas before and while briefly serving as the Legislative Liaison for the Jefferson Parish District Attorney's Office.
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​Blair is the Vice-President of the Jefferson Bar Association. Blair is also a member of the Louisiana Bar Association; an appointed representative for the Jefferson Parish Charter Advisory Board; a board member for the Jefferson Parish Community Foundation; and a member of the Board of Managers for LCMC/West Jefferson Medical Center. Blair is an elected member of the Jefferson Parish Executive Republican Committee, District 1, and he is a former elected member of the Louisiana Republican State Central Committee.

Contact Information 
Blair C. Constant
Phone: 504.599.5786
Email: [email protected]

Couhig Partners files class action suit on behalf of Tangipahoa Parish Sheriff Daniel Edwards and all other similarly situated local law enforcement departments throughout the United States for Chinese government’s coronavirus coverup and resulting economic damages.

Our state and federal governments understand that the current unprecedented challenges affecting businesses will require creative solutions. Members of both the Louisiana legislature and the U.S. Congress are currently considering bills that could help your business recover business interruption losses from your insurer. Though no legislation has been passed yet, Couhig Partners attorney William Barousse explains why now is the time to evaluate your insurance policies for potential coverage under your policies.

Our team at Couhig Partners will continue to assist our clients during this uncertain time. Please give us a call and let us help you.

Take care and stay well!
Couhig Partners, LLC

If you need help navigating the SBA emergency loan process, we can assist. There is no charge to you for this service and no depletion of the loan proceeds to which you may be entitled, as the Paycheck Protection Program (PPP) allows for an attorney’s fee to be paid from fees the lender receives from the SBA.  
 
The PPP is very much a work in progress, and there is much conflicting information out there about it.  In fact, just last night, April 2, the U.S. Treasury Department and SBA issued interim rules regarding implementation of the PPP.  Although acceptance of applications was slated to commence today, April 3, many banks are broadcasting that they will not be in a position to begin processing today as they are still implementing the evolving program rules.  
 
At Couhig Partners, we are strongly suggesting that our clients proceed through their current banks and to be ready to act as soon as allowable.  This is a unique opportunity to receive a potentially forgivable loan.  We are here to counsel you in this process.  Let us know if you would like set up a call to discuss.

You should also be aware that coverage for business interruption losses and expenses under insurance policies has attracted the attention of the Louisiana legislature, where bills have been introduced that could facilitate coverage for your COVID-19 related losses if you have business interruption coverage -- even if your policy appears to exclude losses caused by viruses. However, even if a bill becomes law, your ability to recover and the amount of your potential recovery will depend on the terms of your specific policy under the current draft of the legislation.

We are monitoring the legislation closely but can advise you now regarding potential coverage under your insurance for COVID-19 related losses if you provide us a copy of your policy.

As you may have heard in the swirl of recent developments, the U.S. Small Business Administration (SBA) is offering relief for small businesses and private non-profits impacted by COVID-19. 
 
Significantly, the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted Friday is designed for a swift capital infusion to keep workers employed and small businesses afloat. The “Paycheck Protection Program” expands on the SBA’s existing 7(a) program.  Many of the conditions of traditional SBA loans do not apply.  The loans are to be made directly by private, local banks.  And most importantly, the loans are forgivable if the proceeds are spent according to specified uses.
 
There are also loans available under existing programs such as the SBA Economic Injury Disaster Loan Program (SBA EIDLP) and Express Loans.  However, there are important considerations involved in the interconnection of these programs.

Here are some links with information about the program:
Paycheck Protection Program FAQs for Small Businesses
​SBA Disaster Assistance

Our team at Couhig Partners, LLC is available to assist and guide you through the process.  
We have been busy studying the recent legislation and discussing how to best facilitate the process with several local banks.  
Please feel free to reach out to us.

In light of the uncertainty surrounding the possible duration of the close of business as usual, we recommend all of our clients take this time to review any and all insurance policies they have in relation to their businesses.  The issue almost every business is dealing with is whether business interruption coverage is afforded under the terms of your policy in light of the coronavirus pandemic.

Most business interruption coverage is provided via a Commercial Property Insurance policy and is typically tied to “physical damage” to property.  As such, the first hurdle will be whether the virus has caused/is considered “physical damage.”  A good faith argument may be made that the virus has indeed caused physical damage to real property (i.e., the virus is sustained for a considerable amount of time on surfaces).

The next hurdle under most policies is whether there is an applicable Exclusion to policy's coverage.  Many policies contain virus exclusions which appear to prevent coverage for: 

(1)  Any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.

But, even if such an exclusion is in the policy there may be additional coverage for viruses, such as:

We will pay for the actual extra expense you incur due to a “communicable disease event” occurring at your premises. The extra expense must be a result of a “communicable disease event” that has taken place at a covered location. 
… A covered “communicable disease event” does not create, nor will it invoke coverage for the loss of Business Income, … 

​This language may suggest that business income coverage and coverage for a communicable disease event is mutually exclusive.  However, in a different policy the opposite can be found:

If the Declarations show you have Business Income with Extra Expense Coverage, we will pay for the actual loss of business income, rental value, or necessary extra expense or expediting expense that you sustain due to the necessary full or partial suspension of operations during the period of restoration. The suspension must be caused by direct physical loss or damage caused by or resulting from a covered communicable disease event at the premises described in the Declarations.

The issue of whether you have coverage for business interruption or coverage for losses due to communicable disease will depend on the exact language of your policy.  Indeed, some clients may have coverage under a Crisis Management Coverage Extension Endorsement which covers losses caused by suspension of operations, as a result of a “covered crisis event,” which requires closure of the covered premises. Others may have a stand alone business interruption policy. 

The take away is that every client should be exploring their insurance policies in light of the coronavirus.

These are uncertain times, seemingly changing by the minute. Our team is monitoring government and insurance developments and will continue to look for the best options for our clients. We stand ready to assist you in any way we can with your insurance assessments and claims or with any other business needs you may have. 

Stay healthy; together, we will get through this. ​