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Management Update Newsletter Volume 14, Issue 7

01 Jul 2025 00:00:00 -0800

Don't Sweat It—Yet: Getting Ahead of OSHA's Heat Rules

30 Jun 2025 00:00:00 -0800

As summer temperatures soar, so does OSHA’s scrutiny. While a federal heat illness standard hasn’t been finalized yet, the Occupational Safety and Health Administration is already ramping up enforcement—particularly through inspections triggered by heat-related risks in the workplace.

OSHA’s Current Approach

Right now, OSHA relies on the general duty clause to cite employers who fail to protect workers from recognized heat hazards. And with its National Emphasis Program on outdoor and indoor heat-related hazards in full swing, employers in industries like construction, warehousing, food processing, and agriculture are seeing increased inspection activity—especially during extreme heat events.

Why This Matters for Employers

A formal heat illness prevention rule is expected soon, but employers don’t need to wait for the final rule to act. In fact, failing to proactively address heat safety could invite costly citations, reputational damage, and most importantly, health risks for workers.

Five Practical Steps to Stay Ahead

Train Your Workforce
Ensure workers and supervisors understand the signs of heat illness—such as dizziness, confusion, or fatigue—and know when and how to respond.
Monitor Conditions
Track weather forecasts and heat index levels. Even indoor workplaces without sufficient ventilation can pose heat hazards.
Provide Hydration and Breaks
Make cool drinking water available, encourage frequent hydration, and build in shaded rest breaks during hot periods.
Acclimate Workers
Gradually increase workloads for new or returning employees to help them adapt to high temperatures.
Plan for Emergencies
Establish and practice emergency procedures for responding to heat illness symptoms on the job.

Final Thoughts

Employers who take these steps not only protect their teams but also position themselves well for the regulatory changes ahead. By establishing a clear, proactive heat safety program now, businesses can reduce risk and demonstrate a culture of compliance and care.

Medical Staff Minute: Peer Review Privilege Narrowed by Louisiana's Fourth Circuit Court of Appeal

25 Jun 2025 00:00:00 -0800

In a recent decision, the Louisiana Fourth Circuit Court of Appeal clarified the limits of the peer review privilege under La. R.S. 13:3715.3 in a malpractice case involving the death of a patient following treatment at a Louisiana hospital.

The plaintiff sought discovery of materials from a nurse practitioner, a physician, and their employer. Many records were withheld under the peer review privilege; however, the trial court conducted an in camera inspection and ordered limited disclosure of a narrative summary. The Louisiana Supreme Court defines “peer review” as “the process by which physicians, hospitals and other healthcare providers review the performance of other physicians and, when warranted, discipline the reviewed physician for incompetence or unprofessional conduct.”

On supervisory review, the Fourth Circuit upheld the trial court’s ruling that most documents were protected by the peer review privilege, reaffirming that materials reflecting “self-critical analysis” by hospital committees are not discoverable. However, the court ruled that the nurse practitioner and physician’s records designated strictly personnel (not prepared as part of a peer review process) fall outside the privilege—even if submitted for review. Those records must be produced with sensitive personal details redacted.

Key Point: The court emphasized that hospitals may not shield otherwise discoverable facts simply by placing them before a peer review body. Only documents genuinely reflective of the peer review process are protected. Strict application of the privilege remains the rule, but courts are quick to scrutinize overbroad claims. This ruling serves as a reminder that hospitals cannot expand the scope of peer review protections by merely placing otherwise discoverable materials before a peer review body.

Callin' Baton Rouge Tax Sale Investors! First Circuit Streamlines Ownership

16 Jun 2025 00:00:00 -0800

The Louisiana First Circuit recently issued an opinion strengthening the rights of tax sale purchasers. In Laiche, we represented tax sale purchaser Libertas Tax Fund LLC in an action to confirm tax sale title and ownership of a certain immovable property within the jurisdiction of the First Circuit. Libertas Tax Fund I, LLC v. Laiche, 2021-0330 (La. App. 1 Cir. 12/22/21), 340 So. 3d 236, 245, writ denied, 2022-00160 (La. 4/12/22), 336 So. 3d 82. In the litigation against a local practicing attorney and his siblings, we recognized that the filed defense was deficient and sought to conclude the case on procedural grounds alone on a matter of first impression. The Laiche Court held that the answer filed by the defendants is “insufficient to constitute an action for redemption nullity.” Id. Further, the Court rejected Defendants attempt to supplement and amend their answer noting that “any nullity action had prescribed and any potential nullity had been cured” due to our actions and stated:

Aside from their argument alleging improper notice of the tax delinquency, which was not properly raised below, the Laiches have failed to set forth any evidence in opposition to Libertas's motion for summary judgment to establish a material issue of fact remains as to any purported irregularity in the sale. Thus, the Laiches failed to rebut the presumptive validity of the tax sale. Accordingly, we find no error in the trial court's determination that Libertas was entitled to summary judgment confirming full title and ownership of the property as a matter of law.

Id. at 246. The Louisiana First Circuit has been favorable to tax sale purchasers in matters such as Laiche and other decisions of the Court and remains a favorable venue to invest and seek ownership in Baton Rouge and surrounding areas.

Wesley M. Plaisance is a Partner in the New Orleans office of Breazeale, Sachse & Wilson, L.L.P. (www.bswllp.com) where he heads the Louisiana Tax Sale and Quiet Title Litigation group and practices other commercial litigation with a focus on real estate related litigation. Wesley M. Plaisance regularly handles tax sale litigation matters across Louisiana including without limitation in the City of New Orleans (Orleans Parish), East Baton Rouge Parish, St. Tammany Parish (including Covington, Mandeville and Slidell), Jefferson Parish, Ouachita Parish, Lafayette Parish, Livingston Parish, Plaquemines Parish and Lafourche Parish. Mr. Plaisance represents tax sale purchasers in suits to confirm tax sale title(s) and ownership with and/or without cancellation of mortgages and other encumbrances and in partition proceedings commenced after a tax sale purchaser confirms only a fractional ownership interest.

Mr. Plaisance has also represented and represents tax debtors, landowners, mortgage holders including banks and other interested parties in actions to annul and/or nullify tax sales. Mr. Plaisance additionally handles complex commercial litigation matters arising out of large investment funds created to purchase tax sale certificates and/or tax deeds in Louisiana, Georgia, Indiana and Florida.

Redemption Rejected! Louisiana Courts Require More For Extension of Redemption Period!

16 Jun 2025 00:00:00 -0800

In various Parishes across the State of Louisiana, we have been seeing instances where the Sheriff or Tax Collector is allowing redemption past the three (3) year or eighteen (18) month redemption period. We had the opportunity to recently litigate a few of these matters and were able to strengthen tax sale purchasers’ rights to prevent extension of the redemption period. One such case now stands as the seminal case on the validity of extension of the redemption period by Louisiana Courts.

In Sotomayor, we represented the tax sale purchaser who sought to confirm tax sale title and sole ownership of certain valuable income producing immovable property. Upon entry of the final judgment, we faced a barrage of arguments seeking to attack the final judgment and tax sale including arguments of numerous contacts to the Tax Collector to redeem and that the tax sale was redeemed evidenced by a recorded redemption certificate issued by the Tax Collector filed into the record. Johnson v. Sotomayor, 2021-0460 (La. App. 4 Cir. 2/2/22), 366 So. 3d 173, 182, writ denied, 2022-00495 (La. 6/8/22), 338 So. 3d 1199. In rejecting the defendant’s arguments of timely redemption payment after the redemption period expired and affirming sole ownership in favor of our client, the Court affirmed that there was no error on the part of the City that hindered the record owner’s ability to pay the redemption amount timely but rather, the record owners own acts led to the failure to redeem in a timely manner. Id. at 180. The Fourth Circuit also recognized a key defense we employed for our client tax sale purchaser by recordation of a notice of lis pendens to block the transfer or any effect of the redemption certificate recordation. Id. at 182. The Fourth Circuit concluded its ruling by reviving the legal premise that a legally valid tax sale “is beyond attack and becomes indefensible after the period of redemption … has expired.” Id.

Fourth Circuit Confirms Post Tax Sale Notice Alone Satisfies Due Process!

16 Jun 2025 00:00:00 -0800

The Fourth Circuit issued another pro-tax sale purchaser decision and doubled down on the shift in the jurisprudence in Louisiana favoring validity of tax sales. In Salup, the Fourth Circuit confirmed the validity of a tax sale and sole ownership of certain valuable immovable property in favor of our client based on post tax sale notice alone issued by the Tax Collector during the redemption period. Side by Side Redevelopment, Inc. v. Magee,2020-0667 (La. App. 4 Cir. 6/23/21), 324 So. 3d 688, 696, writ denied, 2021-01081 (La. 11/17/21), 327 So. 3d 992. Importantly, the Court recognized:

Tax sales may no longer be attacked as absolute nullities. Instead, there are three statutorily enumerated challenges, which if proven, will nullify a tax sale certificate – a payment nullity, redemption nullity, or a nullity under La. R.S. 47:2162.

Id at 695. The Court rejected the adverse party’s argument of defective pre-tax sale notice because “the failure to give pre-sale notice to any party no longer renders the sale absolutely null under Title 47 since its revision in 2008.” Id. at 696. The only relevant inquiry was redemption nullity which we established did not exist based not the admitted evidence. Id. Further, the Fourth Circuit rejected technical arguments attacking the post tax sale notice for omission of the amount of overdue taxes and held the omission was not fatal to the post tax sale notice. Id. at 697.

The Salup decision puts attorneys, title companies, insurers and tax sale purchasers on notice of the requirements to confirm tax sale title and ownership in Louisiana and eliminates doubt as to the validity of defective pretax sale arguments and minor deficiencies in the post-tax sale notice. Decisions like Salup should lead to stabilizing the title insurance market and allow insurers to more freely and confidently issue title policies on confirmed tax sales where post tax sale notice is proven by sufficient evidence.

Record Owner Deceased or Absent – Now What?

16 Jun 2025 00:00:00 -0800

Often in tax sale matters, I am approached by tax sale purchasers who do not know how to confirm tax sale title and ownership where a record owner is deceased or cannot be located despite significant effort. The Louisiana Fourth Circuit recently issued a very favorable opinion which upholds the validity of a judgment confirming tax sale title and ownership in matters where the Court appoints an attorney to represent and receive service for these deceased or absent defendants based on post tax sale notice to the appointed attorney alone. Lepree v. Dorsey, 2022-0853 (La. App. 4 Cir. 8/11/23), 370 So. 3d 1191, 1204, writ denied,2023-01238 (La. 12/5/23), 373 So. 3d 982. In Lepree, we represented the tax sale purchaser, Ms. Lepree, and had an attorney appointed to represent and receive service for two record owners. One record owner eventually appeared before the Court and objected to judgment strongly raising lack of notice and other defenses. Id. at 1197. The Fourth Circuit held the appearing defendant was “duly notified of the tax sale through the service of the Petition on the Curator Ad Hoc” which provided defendant with “notice that she had six months to institute a proceeding to annul the tax sale as required in La. R.S. 47:2266.” Id. at 1204. Importantly, the Court recognized “Whether or not the Curator Ad Hoc received a return receipt or confirmation that [defendant] actually received the certified mail is of no issue.” Id. The Fourth Circuit held due process was satisfied and affirmed the judgment confirming the tax sale and sole ownership of the property in favor of our client. Id. at 1205.

The Lepree decision is significant for tax sale purchasers who need to rely on the right to appoint an attorney where the record owner is deceased or absent and provides firm ground for conducting proceedings adverse to these defendants.

Management Update - Volume 14, Issue 6

02 Jun 2025 00:00:00 -0800

Local Tax Collectors Must Conduct Annual Tax Sales!

19 May 2025 00:00:00 -0800

As the competition at annual Parish tax sales increases especially with a number of Parish Tax Collectors using an online platform for the sales, clients frequently ask me about investing in local tax sales. However, not all local tax collectors across the state have been conducting tax sales for unpaid local ad valorem taxes despite their constitutional and statutory obligation to conduct annual tax sales.

The Office of the Attorney General issued an Opinion dated January 8, 2016 to a municipality in Louisiana whose prior administration failed to conduct tax sales for many years. In the Opinion, the Attorney General's Office advised the Mayor of the municipality that annual tax sales of immovable property for non payment of ad valorem taxes owed to the city is mandatory under the Louisiana Revised Statute § 47:2154(A). No resolution or ordinance is necessary or required before adhering to this mandatory duty. In light of this Opinion, the tax collector of each municipality/town/village in the State of Louisiana will have to conduct annual tax sales of immovable property within its city/town/village limits for nonpayment of city/town/village taxes. The Opinion is a good development for tax sale investors. It provides Local Tax Collectors clear guidance as to the mandatory nature of tax sales and will increase the number of tax sales state-wide.

Regional Tax Sale and Quiet Title Litigation Practice Across Louisiana

Wesley M. Plaisance is a Partner in the New Orleans office of Breazeale, Sachse & Wilson, L.L.P. where he heads the Tax Sale and Quiet Title Litigation Group and practices other commercial litigation with a focus on real estate related litigation. Wesley M. Plaisance regularly handles tax sale litigation across Louisiana including without limitation in the following parishes: Orleans, East Baton Rouge, St. Tammany (including Covington, Mandeville and Slidell), Jefferson, Lafayette, Livingston, Plaquemines and Lafourche. Mr. Plaisance represents tax sale purchasers in suits to confirm tax sale title(s) and ownership with and/or without cancellation of mortgages and other encumbrances, in settlement of tax sale litigation matters and in partition proceedings commenced after a tax sale purchaser confirms only a fractional ownership interest.

Numerous Tax Sale Transactions in Louisiana Including With Title Insurance

Mr. Plaisance has extensive experience in representing tax debtors, landowners, mortgage holders including banks and other interested parties in actions to annul and/or nullify tax sales and adjudication sales. Mr. Plaisance has successfully litigated complex commercial litigation matters arising out of large investment funds created to purchase tax sale certificates and/or tax sale deeds in Louisiana, Georgia, Indiana and Florida.

Mr. Plaisance is a resource for tax sale purchasers to buy or sell interest under tax sale certificates/deeds to other investors and has assisted his clients in the acquisition and/or sale of numerous tax sale deeds/certificates in Louisiana. Mr. Plaisance assists his clients in navigating the sale of immovable property with title insurance after confirmation of the tax sale certificates/deeds. Mr. Plaisance regularly handles succession administration matters for his clients, especially involving the sale of real estate.

Real Estate Litigation and Gaming

Mr. Plaisance has also represented clients in a wide variety of business related disputes including real estate ownership/title litigation, co-ownership litigation, partition proceedings, purchase agreement and option litigation, contract and lease litigation, unfair competition and trade practices, summary proceedings commenced by rule for alleged nonpayment of taxes and other disputes, actions for a Writ of Mandamus and construction disputes. Mr. Plaisance also has extensive experience in gaming law representing clients in regulatory, permitting and licensing matters before and in consultation with the Louisiana Gaming Control Board, the Louisiana Attorney General’s Office, the Louisiana State Police and the Office of Charitable Gaming.

Additionally, Mr. Plaisance has also represented clients in business transactions including but not limited to preparation of operating agreements in connection with formation of companies and preparation of contracts such as agreements for the purchase and sale of assets, leases, joint venture agreements, device placement agreements, revenue sharing agreements, employment agreements and non-solicitation and non-competition agreements.

Mr. Plaisance graduated magna cum laude from Loyola University New Orleans College of Law where he was a member of the Loyola Law Review. In addition, Mr. Plaisance served as an extern for the Honorable Kurt D. Engelhardt in the United States District Court for the Eastern District of Louisiana. Prior to law school, Mr. Plaisance earned his Bachelor of Science degree in Biological Engineering from Louisiana State University, cum laude.

Breazeale, Sachse & Wilson, L.L.P. ("BSW") was founded in Baton Rouge in 1928. Today, BSW is a multi-disciplined law firm with approximately 70 attorneys serving the legal and business needs of people and companies throughout Louisiana. The firm has offices in Baton Rouge and New Orleans.

Tax Reform Comes to Louisiana

12 May 2025 00:00:00 -0800