Author: Dan Hoerner
The Louisiana Rule Sinks Limitation of Liability
A U.S. District Court in Florida recently dealt a fatal blow to a barge owner’s attempt to have its liability limited under the Shipowners... More
Dan Hoerner’s Latest Article in WorkBoat: Unseaworthiness
February 23, 2022 If you ask the average person on the street what a “seaworthy” vessel is, the person will probably say that a... More
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