Admiralty & Maritime
Federal Policy Remains that Arbitration Agreements and their Broad Construction are Favored
Plaintiff filed a seaman’s complaint alleging that he incurred injury while working as a crew member on one of the defendant’s vessels because the... More
Fifth Circuit Vacates Summary Judgment and Allows Consideration of Plaintiff’s Expert
The plaintiff allegedly sustained injuries when he fell on a vessel owned by his employer. He filed a lawsuit in the U.S. District Court... More
White House Budget Proposal Could Result in Huge Financial Loss for Gulf Coast Region
On May 23, 2017, at a time when oil prices have started to rise and energy companies have regained optimism about the prospect of... More
U.S. Fifth Circuit reverses district court’s grant of summary judgment, finding that ROV Technician was not a seaman as a matter of law
The United States Court of Appeals for the Fifth Circuit held that a district court erred in finding that a plaintiff, who was a... More
Federal District Court Once Again Addresses Discoverability of Surveillance
The Eastern District of Louisiana recently issued another opinion interpreting Chiasson v. Zapata Gulf Marine Corp., the benchmark Fifth Circuit case that guides the... More
Louisiana law applies over maritime law where accident occurred on continental shelf off coast of Louisiana
On March 10, 2017 the United States District Court for the Western District of Louisiana held that Louisiana substantive law, not maritime law, applied... More
BENEFITS REVIEW BOARD HOLDS STATE WORKERS’ COMPENSATION SETTLEMENT TOLLS STATUTORY BAR
In the 1970s, Claimant worked for a LHWCA-covered employer as a welder. Subsequently, he worked for non-covered employers until he retired voluntarily. During the... More
Fifth Circuit Rejects Vicarious Liability Claim From Personnel Basket Injury
The U.S. Fifth Circuit Court of Appeals issued an opinion today addressing the vicarious liability of a principal contractor for its independent contractors. The... More
Seaman’s Widow’s Claim for Punitive Damages Denied
Recently, the United States District Court for the Eastern District of Louisiana further shored up the clearly delineated avenues for recovery available to plaintiffs... More
Ninth Circuit Finds DBA Claimant Failed to Establish Employee-Employer Relationship
The Ninth Circuit recently addressed the employer-employee relationship required in a claim under the Defense Base Act. Claimant worked as a contractor truck driver... More