APRIL 2011 LEGAL UPDATE

Employment Discrimination - The U.S. Supreme Court recently ruled that retaliation against the fiancé of a party who made a claim for sex discrimination gives rise to a cause of action in favor of the fiancé.In Thompson v. North American Stainless, LP, 131 S. Ct. 863 (2011) an employer allegedly fired an employee's fiancé in response to the employee's filing of a sex discrimination claim against the employer. The U.S. Supreme Court ruled that the employer's actions would violate the anti-retaliation provisions of the Civil Rights Act of 1964 and provide a cause of action for the fiancé against the employer.Premises Liability - The Louisiana Third Circuit Court of Appeals confirmed that a premises owner is not liable for an open and obvious condition that should have been observed by a patron.In Chambers v. Village of Moreauville, Louisiana Third Circuit Court of Appeals, No. CA 10-1368 (4/6/11), the Court held that because a pedestrian is obligated to observe his path mindful that every sidewalk contains irregularities, a condition that is obvious and easily avoidable cannot be considered to present an unreasonable risk of harm.Insurance - The Louisiana Fifth Circuit Court of Appeals recently outlined the scope of an insurance agent's duty to procure coverage for an insured.In JSB Interests, LLC v. Hanover Insurance Company, Louisiana Fifth Circuit Court of Appeals, No. 10-CA-487 (3/9/11), the Court held that an insurance agent's duty to procure insurance coverage requested by an insured does not include a duty to spontaneously identify the insured's needs and advise him regarding additional coverage.