- Sex Crimes
- Assault
- Restraining OrderDefended nursing homes in injunctive proceedings brought by discharged residents. Successfully defeated request for issuance of temporary and preliminary restraining orders against facility which, if granted, would have ordered the facility to re-admit a resident who posed a threat to the safety of the facility’s staff and other residents.
- Corporate LawBradley Murchison attorneys regularly represent and provide services to a large number of corporations, limited liability companies, partnerships and other business entities. The firm’s corporate practice group assists clients in the structuring, formation and financing of a wide range of companies of different sizes and in different industries. Our attorneys regularly advise clients on the nature of the business entity to be used, on the day-to-day management and operation of their businesses and in the negotiation of mergers, acquisitions, joint ventures and divestitures of their business interests. We are frequently called upon to act as outside general counsel to our clients and assist them with business planning, succession planning, ownership and management issues, corporate governance, incentive compensation and commercial law matters. Our expertise has earned recognition for one of our attorneys as Super Lawyers in Louisiana® in the field of corporate law.
- Business TransactionsAs today’s health care systems grow more complex, a client’s needs might include the credentialing of practitioners, licensure and regulation of hospitals, Medicare payment issues, antitrust matters, labor relations, or the bioethical issues involving health care providers and their patients. In an ever-changing health care environment, our attorneys have experience providing solutions to ensure compliance with federal, state, and local regulations. Additionally, we have experience creating and advising on business transactions for the health care community. Whatever the health care law needs, our attorneys are there to guide, assist, and represent our clients’ interests.
- Limited Liability Companies
- Construction ContractsBradley Murchison attorneys offer a full range of services supporting renewable energy projects and activities. These include the negotiating, drafting, and review of leases, right of way agreements, and construction contracts, as well as legal counsel throughout site due diligence evaluation and acquisition (title, financial, environmental, etc.), project financial resource development, environmental permitting and the project construction process. We ensure that all phases of the project comply with the local, state, and federal regulatory framework. Additionally, our lawyers have experience in matters falling under the jurisdiction of the Federal Energy Regulatory Commission (FERC) relating to electricity generated by renewable energy sources such as wind and solar.
- Intellectual PropertyPrepares and negotiates work made for hire, contributing artist, and other similar agreements for intellectual property protection.
- Antitrust
- Real Estate Litigation
- Construction LitigationThe firm’s energy litigation lawyers are active in courts in Louisiana as well as in Texas and Arkansas. Representative disputes include claims involving: lease and ownership, exploration and operation, drilling contracts, gas gathering and transportation as well as pipeline construction issues. Our litigators include attorneys recognized by The Best Lawyers in America® and Super Lawyers in Louisiana® in oil and gas law and commercial litigation. They also have an active arbitration practice and include a member certified as an AAA arbitrator on the Special Energy Panel.
- Real Estate TransactionsBradley Murchison attorneys offer assistance in all phases of real estate transactions: negotiating and drafting purchase agreements and loan agreements, reviewing title, securing title insurance, drafting deeds, leases, mortgages, serving as closing agents, facilitating 1031 exchanges, interacting with lenders and government entities and issuing opinions of counsel where required. Our goal is to facilitate the client’s acquisition, financing, lease or sale of their property as seamlessly and efficiently as possible, to advise them throughout the process, and to protect their best interests at all times along the way. Our experienced attorneys offer both the breadth and depth of relevant knowledge that allows our team to handle challenges of any transaction.
- Easement
- Land Use and ZoningLouisiana is home to a unique set of cities and cultures that people from around the world travel to experience. The attorneys at BMKS are well versed in the specific issues facing the hospitality industry. We have experience in all aspects of restaurant and hospitality law including corporate formation, real estate and zoning issues, business financing, representation in front of local and state administrative bodies, lease negotiations, compliance with Alcohol and Tobacco Control, merchant account services, contracts, buy-sell agreements, and corporate litigation.
- Property DamageBradley Murchison attorneys have a long history of involvement with the unique legal issues affecting the rail industry. Our attorneys have skillfully and successfully handled diverse matters including, employee claims arising under the Federal Employers Liability Act and the Federal Railroad Safety Act, Real Estate servitude acquisition, expropriation and right-of-way disputes, highway-rail grade crossing collisions, trespasser and other third-party injury actions, cargo and property damage claims, as well as unintended hazardous material releases resulting in both ordinary and class action proceedings.
- Personal InjuryBradley Murchison casualty and insurance defense attorneys offer a broad range of skills based on extensive experience handling numerous types of personal injury, property damage and professional liability claims in individual lawsuits, class action, and mass torts. Our attorneys combine our expertise in litigation and business to provide advice and guidance to clients on a wide range of subjects from insurance coverage questions, regulatory requirements, and accident prevention to claims handling, new legal developments, and the drafting of forms, contracts and new legislation.
- Medical MalpracticeBradley Murchison lawyers represent nursing homes, assisted living facilities, and home and community-based services such as home health and home care companies. Our attorneys handle a full array of issues for our nursing home clients. We defend providers against medical malpractice complaints and lawsuits involving issues prevalent to the nursing homes from pressure sores and falls to infections and aspiration. We also defend facilities in other litigation such as Americans with Disabilities Act, Rehabilitation Act, and Fair Housing Act claims. Our attorneys have successfully defended nursing homes in several stages of medical malpractice actions, from obtaining numerous favorable medical panel review opinions to dismissals of lawsuits involving pressure ulcers, improper transfer, and falls.
- Estate PlanningWe represent executors, trustees, and other fiduciaries in connection with probate proceedings and the administration of successions. While counseling with a client, we frequently meet the client’s CPA, financial advisor, insurance agent, and others to make sure we develop a comprehensive estate plan. Our attorneys have been successfully involved in major litigation involving disputed wills and estates and local, state, and federal taxation issues emanating from estates.
- WillsBradley Murchison probate and estate planning attorneys provide sophisticated estate planning and administrative services for our clients, including the preparation of last wills and testaments, donations, trusts, powers of attorney, declarations and the creation of related entities, such as limited liability companies and partnerships. We also provide representation in contested and uncontested estates. Our attorneys counsel individuals, business executives, and business owners regarding pension funds, retirement planning, wills, charitable donations, and gifts. We advise and guide executors regarding their duties in connection with probate proceedings and the administration of successions, preparing and filing such pleadings as are necessary to complete the succession process.
- Power of Attorney
- Probate
- Tax LawIn a case of first impression in the state, the firm obtained a reversal and remand decision from the First Circuit in a state sales tax case that has significant impact in the sales tax litigation arena within the state. The precise issue had never been precisely addressed in any prior published decision in the state, although the 1993 decision of the Louisiana Supreme Court in the case of Cox Cable New Orleans, Inc. v. City of New Orleans, 92-2311 (La. 9/3/93), 624 So.2d 890 suggested that the result was correct. The issue presented for decision was whether a taxpayer may file and prosecute a sales tax refund action through an agent in an action in which the actual taxpayer was not a party. The trial court granted a no right of action exception filed by the State Department of Revenue and our client appealed. The Louisiana Supreme Court affirmed the decision of the Court of Appeals and held that a taxpayer may file and prosecute a tax refund action through an agent even if the actual taxpayer is not a party to the action.