Mental Anguish Damages Denied in Redhibition Case

Author: Robert N. Popich   Plaintiff purchased a recreational fishing boat and subsequently discovered stress cracks in the hull.  The boat was shipped to... More

Fifth Circuit: No Right to Restitution for Maintenance and Cure Payments

When Plaintiff was hired, he completed a pre-employment medical questionnaire.  Plaintiff failed to disclose his serious preexisting back problems, affirmatively answering “no” to several... More

Federal Court Vacates “K.S.,” the Benefits Review Board’s Seminal Average Weekly Wage Opinion

In 2009, the Benefits Review Board (“BRB”) issued a very important decision detailing how to calculate an injured Defense Base Act (“DBA”) worker’s average weekly... More

Mouledoux Scores Sanctions and Dismissal of Personal Injury Case

André J. Mouledoux successfully obtained summary decision in a personal injury case, and in the process were awarded attorneys’ fees and costs due to... More

Legrand Successfully Defends Coverage Dispute

Georges M. Legrand successfully obtained summary decision from Judge Robert A. Pitre, Jr. of the Twenty Fourth Judicial District Court for the Parish of... More

Fifth Circuit Addresses Dual Capacity Employers and the “Something More” Factors

Plaintiff was employed as a crane operator by Defendant, which was both the vessel owner and the contractor of a crane.  The crane developed... More

Eleventh Circuit Defines “Navigable Waters”

The Eleventh Circuit answered a question “almost as old as the doctrine of admiralty jurisdiction itself.”  The question: what are navigable waters?  According to... More

Fifth Circuit Issues Decision Strictly Construing Section 28(b) Attorneys Fees

Claimant injured his ankle at work on October 7, 2004, and Employer paid temporary total disability benefits from October 8, 2004 through June 13,... More

The Fifth Circuit Explains the Application of Maritime Law to Jack-Up Rigs and Removal of OCSLA Claims

After watching his friend and co-worker die as a result of an accident on a jack-up rig attached to the Outer Continental Shelf (“OCS”),... More

FECA Bulletin No. 13-01 Changes How to Administer DBA and WHCA Claims

On January 29, 2013, the Division of Federal Employees’ Compensation (“DFEC”) published FECA Bulletin No. 13-01.  This Bulletin will  change how we all administer or adjudicate Defense Base... More