Author: Joe Trytten
Jones Act and Medical Evidence: Courts Are Not Required to Weigh Conflicting Evidence in Favor of Seamen
In a recent opinion as unequivocal as it was terse, the U.S. Court of Appeals for the Eleventh Circuit struck down a seaman’s limited... More
Business Interruption Claims and Hurricane Ida: A Primer
Hurricane Ida tore through southeast Louisiana on August 29 and 30, 2021—leaving chaos and destruction in its wake. Many businesses suffered flooding, holes in... More
Win for Air Ambulance Companies: States Can’t Cap the Cost of Medevac Flights
According to a recent U.S. Fifth Circuit Court of Appeals decision, states do not have the power to regulate the cost of an air... More
In a Recent Civil Rights Case, Fifth Circuit Reinforces Qualified Immunity Serves to Protect Police Officers
A recent opinion issued by the U.S. Fifth Circuit Court of Appeals in the civil rights case, Anokwuru v. City of Hous., 990 F.3d 956... More
First Circuit Affirms Owner Not Liable in Premise Liability Case
In a recent premises liability case, Cosse v. Lafarge North America, Inc., 2020 CW 1183 (La.App. 1 Cir. 04/01/21), the Louisiana First Circuit Court... More
First Circuit Upholds Doctrine of Uberrimae Fidei Requiring a Marine Insurance Policyholder to Act in “Utmost Good Faith”
In a recent case, QBE Seguros v. Carlos A. Morales-Vázquez, No. 19-1503, United States Court of Appeals for the First Circuit (January 19, 2021),... More
U.S. Fifth Circuit Clarifies Seaman’s Standard of Care Under the Jones Act
In a recent opinion regarding a seaman’s comparative fault for his personal injury claim, the U.S. Fifth Circuit clarified a longstanding area of contention... More
SCOTUS Overturns Fifth Circuit in Qualified Immunity Case
Qualified immunity presents a tough hurdle to clear at the initial stages of any civil rights lawsuit—but in a recent Supreme Court opinion, the... More
Death on the High Seas: Federal Court Applies Maritime Wrongful Death Statute to Cruise Ship Passenger Who Dies On Shore
The global cruise industry, still trying to weather the storm of the COVID-19 pandemic and its chilling effect on tourism worldwide, received one favorable... More
Michigan Court Delivers First US Decision on COVID Business Interruption Claims
In a moment that insurance coverage attorneys nationwide have anticipated since mid-March, a U.S. court has granted an insurer’s motion to dismiss a policyholder’s... More