Author: Kathryn Briuglio
Maritime Personnel Files: Discoverability Under Fifth Circuit Law
Parties involved in maritime litigation commonly seek the personnel files of the employees involved in the incident from marine employers during discovery. In a... More
Fifth Circuit Rules on Late Notice of Insured’s Claim in Maritime Case
Under Louisiana law, an insurer must prove actual prejudice as a result of the insured’s late notice before it can deny coverage based on... More
Defining a Seaman: Fifth Circuit Reinforces Protections to Maritime Workers Under the Jones Act
In a recent decision, the U.S. Fifth Circuit took a broader approach to evaluating seaman status, which could subject more maritime employers to claims... More
Fifth Circuit Addresses What Maritime Law Applies to Indian Seaman’s Claim in U.S. Court
In determining whether maritime claims are governed by the laws of the United States rather than the conflicting law of a foreign nation, courts... More
United States Supreme Court Enforces Choice-of-Law Provision in Maritime Insurance Contract
On February 21, 2024, the United States Supreme Court unanimously held that choice-of-law provisions in maritime insurance contracts are presumptively enforceable under federal maritime law.... More
Louisiana Supreme Court Clarifies the Standard for Recovery Under a Claim of Negligent Infliction of Emotional Distress
In a recent case, Spencer v. Valero Refining Meraux, LLC, 356 So. 3d 936 (La. 01/27/23), the Louisiana Supreme Court clarified the standard for... More
Third Circuit Holds The Bremen’s Framework Applies to Choice-of-Law Provisions in Marine Insurance Contracts
In a recent case, Great Lakes Ins. SE v. Raiders Retreat Realty Co., the United States Court of Appeals for the Third Circuit addressed whether,... More