Author: Dan Hoerner
Life Care Plans Driving Up Cost of Personal Injury Litigation
With increasing frequency, personal injury litigants are utilizing the services of doctors and pseudo medical experts to help define the value of their personal... More
MBLB Casualty Team Deals Double Whammy in Industrial Accident Lawsuit
Member Trevor Cutaiar successfully argued two motions in Louisiana state court in a hotly contested personal injury lawsuit arising out of an industrial accident.... More
Able-Bodied Seamen Deemed Not a Seamen
In February, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling regarding the test for seaman status. However, unlike most... More
Suit for Fear of Contracting COVID-19 Dismissed
Since the outbreak of the COVID-19, litigation (both frivolous and meritous) was a foregone conclusion. The floodgates have opened, and the court dockets are... More
COVID-19 Spawns Litigation
As the ravaging effects of the COVID-19 pandemic continue to unfold, the next wave of this calamity is beginning to swell: litigation. Already, there... More
Maintenance and Cure at Risk by Failing to Fully Disclose Medical History
Hiring personnel typically starts the same way: an interested worker prepares a job application for review by the prospective employer. The application is a... More
Supreme Court Bars Punitive Damages for Unseaworthiness
In June, the U. S. Supreme Court issued a significant ruling beneficial to maritime industry. In Dutra Group v. Batterton, the Court resolved a... More
Watch Out When Ending Maintenance and Cure
A fundamental right of seamen is maintenance and cure benefits. A shipowner owes the seaman these benefits without regard to fault if he is... More
Liability for Medical Malpractice
The Court of Appeals for the 11th Circuit (Alabama, Florida and Georgia) has opened the door to a potential flood of liability exposure for... More
False Distress Call Results in Serious Criminal Penalties
In March 2012, an aircraft pilot falsely reported observing a fishing boat with four passengers in distress in Lake Erie. In response to the... More