Author: Patrick Babin
Second Pivotal Longshore Situs Decision for 2013
The Fifth Circuit recently decided a longshore jurisdiction case based solely on the functional component to situs for an injury occurring on an “adjoining... More
Dealership Not Liable for Alleged Defective Airbag
Plaintiff purchased a 1995 Toyota Corolla from a used car dealership that had previously purchased the vehicle from a Toyota dealership after a trade-in.... More
Loss of Consortium and Rental Car Expenses Allowed on Appeal
After a motor vehicle accident, plaintiffs filed a lawsuit against defendant, the defendant’s employer and the defendant’s insurer. The trial court awarded plaintiffs $20,000.00... More
MBLB Wins Jurisdiction Case in Wake of New Orleans Depot Services, Inc.
We recently reported on the en banc 5th Circuit decision in New Orleans Depot Services, Inc. v. Director, OWCP, et al., 11-60057, 2013 WL 1798608 (5th Cir.... More
En Banc Decision of 5th Circuit Changes Scope of Situs Requirement: “Adjoining” Means “Border On” Navigable Waters
An en banc decision of the United States Fifth Circuit Court of Appeals has vastly amended the scope of the situs requirement under the... More
Do Auto Dealerships Have to Ensure a Potential Buyer Has Auto Insurance?
In this matter an injured driver and passenger filed a negligence suit against a driver who caused an accident and against an auto dealership... More
Removal to Federal Court: Damages Exceed $75,000
Plaintiff filed suit in Louisiana state court seeking damages for injuries allegedly sustained when she slipped and fell while entering a Home Depot. Home... More
The “Substantial Evidence” Test Outlined in a Hearing Loss Case
Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to... More
A McCorpen Defense Successfully Lodged
Plaintiff was hired to work aboard a tug boat. Prior to his hiring, plaintiff chose not to disclose a prior hip replacement surgery. Not... More