In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction.
The case centered on a failed real estate purchase agreement, underscoring the importance of understanding contractual obligations and the potential consequences of non-performance.
Case Background:
A recent United States Court of Appeals ruling for the Fifth Circuit highlights the complexities of establishing personal jurisdiction over an out-of-state employer in a lawsuit filed in Louisiana. The case, Blakes v. DynCorp, centered around a Louisiana resident who sued his Virginia-based employer for alleged wage and benefit violations under both Afghan and Louisiana law. The court ultimately dismissed the case for lack of personal jurisdiction, emphasizing the limited circumstances under which a Louisiana court can exercise authority over a non-resident defendant.
Everett Blakes, a Louisiana resident, was employed by DynCorp International, LLC, a Delaware company headquartered in Virginia, to work in Afghanistan. He signed an employment contract that specified Afghan law would govern any disputes and that any legal action would be resolved in an Afghan forum.
Despite this, Blakes filed a lawsuit in Louisiana alleging DynCorp failed to pay wages and benefits owed under Afghan labor law, the Louisiana Wage Payment Statute, and the terms of his employment contract. DynCorp moved to dismiss the case, arguing that the Louisiana court lacked personal jurisdiction over them.
Louisiana Personal Injury Lawyer Blog