Morg-[th]an one testament? Louisiana law requires a true duplicate to probate

by Matthew P. Clark

Louisiana law imposes strict formalities on the creation of a last will and testament, which often results in litigation over whether the testator sufficiently complied with Louisiana law when making his or her testament. There are two types of testaments in Louisiana—olographic and notarial.[1] Generally, an olographic testament is one that is entirely written, dated, and signed in the testator’s handwriting.[2] For a notarial testament, the testator must be able to read and physically sign his or her name; the testament must be written, dated, and signed at the end of the testament and on each other separate page in the presence of a notary and two competent witnesses; the testator must declare that the instrument is his testament; and the testament must contain a proper attestation clause acknowledging that the form requirements have been met.[3] If the formalities for an olographic or notarial testament are not met, the testament is absolutely null, meaning it can have no effect.[4] Continue reading

Throw Me a Tax Deduction, Mister!—The Taxing Truth About Mardi Gras

by Haley N. Baker*

Introduction

Laissez les bons temps rouler![1] Every year, people of all ages get to experience a riot of colors and an explosion of energy for a fun-filled weekend, or maybe even a whole week, of revelry to celebrate the tradition of Mardi Gras in New Orleans, Louisiana. People all over the South view this carnival tradition as a carefree time accompanied by a symphony of music, strings of beads, larger-than-life floats, beverages, food, friends, and family. The parade-goers experience community like no other in the United States. People of all backgrounds and ages share this experience every year and create lasting memories for all who partake in the festivities. Continue reading

Unmasking Liability: Analyzing the Effect of Public Health Emergencies on Medical Malpractice Law in the Wake of COVID-19

by Mark Ackal

Introduction

The COVID-19 pandemic brought on events thought impossible. Stay-at-home orders, mask mandates, and other restrictions that seemed unimaginable became a part of everyday life for all Louisianians. Arguably, no other group was affected more than health care professionals, who saw a substantial increase in demand for their services coupled with a dramatic spike in hospitalizations.[1] With this increased pressure and workload came an increased chance of malpractice.[2] Given the particularly daunting battle medical professionals were fighting, Governor John Bel Edwards implemented emergency protocols which seemingly barred malpractice actions.[3] Continue reading

Carte Blanche: SCOTUS Issues a Puzzling Decision on Texas and Louisiana’s Challenge to the Biden Administration’s Compliance with 8 U.S.C. § 1226 and § 1231

by James M. Truett

Introduction

I received a letter just before I left office from a man. I don’t know why he chose to write it, but I’m glad he did. He wrote that you can go to live in France, but you can’t become a Frenchman. You can go to live in Germany or Italy, but you can’t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American.[1] Continue reading

Spilling the Deceitful Tea: Navigating the Flavor Versus Ingredient Debate Amidst Kominis v. Starbucks Corporation

Introduction

by Madeline A. Earles

Louisiana’s incredibly rich and diverse culture is often reflected through the unique cuisine throughout the state. Of Louisiana’s varying customs and traditions, a world-renowned gift remains at the heart of Louisiana cooking—Cajun cuisine. The ever-growing popularity of Cajun cuisine coupled with modern advancements in the culinary sphere has led to the use of Cajun seasoning without making a trip down the bayou to Cajun country. A multitude of brands sell the ill-defined, premade Cajun seasoning in a jar, each adding its own unique spin on the ingredients.[1] With each brand providing its own spin on the seasoning, one cannot truly define what Cajun seasoning is or distinctively list a specific ingredient flavor present in the product. The differing ingredients of these brands along with a lack of consensus on flavor allow Cajun seasoning brands—who are responsible for the formulation, manufacturing, marketing, naming, advertising, and sale of its products—great freedom in the distribution of such products. However, the United States District Court for the Southern District of New York’s rejection to dismiss reasonable consumer claims potentially affects this freedom where the flavor versus ingredient debate is set to continue.[2] Continue reading