Author: Trevor Cutaiar
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
Louisiana Third Circuit Changes Course on Vessel Status of Riverboat Casinos
The Louisiana Third Circuit Court of Appeal recently addressed an issue it has confronted a number of times in the past: whether a riverboat... More
Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award
In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22,... More
Summary Judgment Granted on Claim Arising out of Angola Prison Knife Attack
A security officer at the Louisiana State Penitentiary in Angola, Louisiana was sued by an Angola inmate, Alfred Deal, for failing to stop another... More
Live Witness Testimony Properly Refused on Motion for Judgment on the Pleadings
Last week, the Louisiana Third Circuit Court of Appeal issued its decision in Fred v. Drill Cuttings Disposal Company, LLC. The case involved a... More