Author: Trevor Cutaiar
Fifth Circuit Reinforces Maritime Employer’s Third-Party Claim for Contribution for Maintenance and Cure
In a recent maritime case, Poincon v. Offshore Marine Contractors, Inc., the United States Fifth Circuit Court of Appeals analyzed a contribution claim for maintenance... More
National Defense Authorization Act Praised by Maritime Industry Groups
In December 2020, the House and Senate both voted to pass H.R. 6395, the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). The... More
MBLB Secures Summary Judgment in § 1983 Excessive Force Case
Mouledoux, Bland, Legrand & Brackett Members Mark E. Hanna and Trevor M. Cutaiar recently secured summary judgment on behalf of their client, a former... More
Fifth Circuit Judge Authors Important Special Concurrence to Own Opinion in Seaman Status Case
Fifth Circuit Judge W. Eugene Davis authored an important special concurrence to his own opinion in a seaman status case, Sanchez v. Smart Fabricators of... More
Fifth Circuit Affirms Dismissal of Limitation Action for Failure to Comply with Notice Provisions
The Limitation of Liability Act of 1851 entitles a vessel owner to limit its liability for most claims arising out of a maritime casualty... More
COVID-19 Fuels Debate Over Waiver of Jones Act’s Coastwise Trade Restrictions
The COVID-19 virus has significantly impacted the United States economy. The maritime industry, as part of the global supply chain, is certainly no exception.... More
MBLB’s Successful Summary Judgment in § 1983 Civil Rights Case Affirmed by U.S. Fifth Circuit
In February 2019, MBLB Members Mark E. Hanna and Trevor M. Cutaiar secured a summary dismissal of a plaintiff’s § 1983 claims against two... More
Louisiana Supreme Court Reverses Third Circuit Vessel Status in Caldwell v. St. Charles Gaming Company
In July 2019, the Louisiana Third Circuit Court of Appeal garnered significant attention with its decision in Caldwell v. St. Charles Gaming Company, 18-868,... More
No Defense and Indemnity Where MSA Failed “Express Negligence” Doctrine
In a recent contractual dispute case, Gulf Crane Services, Inc. v. Total Safety U.S., Inc., 2019 WL 4603753 (S.D. Tex. 8/22/19), Magistrate Judge Nancy... More
Supreme Court Hears Arguments on Circuit Split Over Meaning of Safe-Berth Clause
On November 5, 2019, the United States Supreme Court heard oral arguments in CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., a March... More