Dismissal Based on Statutory Employer Immunity Overturned on Appeal

Michael Louque, Sr. was killed when equipment rolled off of a flatbed truck onto him. At the time of the accident, he was working... More

Fourth Circuit: Claim for Reimbursement Was Not a New Request for Treatment Subject to Medical Treatment Guidelines

On November 15, 2001, Claimant was shot while in the course and scope of his employment with Whole Food Company, Inc. (“Employer”).  He has... More

Historical Background Anchors Judge Clement’s McBride Concurrence

On September 25, 2014, the Fifth Circuit Court of Appeals, sitting en banc, rendered its decision in the high-profile case McBride v. Estis Well... More

Fifth Circuit Holds Punitive Damages Available In General Maritime Law Unseaworthiness Claims

The United States Fifth Circuit Court of Appeals recently joined the national discussion on the availability of punitive damages for an employer’s willful and... More

“Don’t Text While Driving” Takes on New Meaning

An appellate court in New Jersey recently held that a person sending a text message to a driver of an automobile can be liable... More

Court Rules That Defense IME Is Warranted

Personal injury defendants sought to compel an independent medical examination (“IME”) of the plaintiff under Rule 35 of the Federal Rules of Civil Procedure.... More

Louisiana Supreme Court Rules on Production of Impeachment Evidence

Nursing students at Our Lady of the Lake Nurse Anesthesia Program filed suit against their school after they were allegedly targeted for termination from... More

Economic Loss Rule Precluded Vessel Owner’s Tort Recovery Against Shipyard

Associated Gas & Oil Co. (“Associated”) purchased liftboats from Offshore Marine, Inc. (“OMI”).  Pursuant to the parties’ agreement, OMI was to make certain additions... More

Brown-Water Seaman’s Alleged Injury Was Outside Course and Scope of Employment

In Shoffner v. State, a Washington state appellate court was asked to determine the status of ferry worker injured while walking to her vessel... More

Workers’ Comp Judge’s Ruling Upheld on Supplemental Earnings Benefits

Claimant was injured in a car accident on May 5, 2009 while working for the City of Baton Rouge/Parish of East Baton Rouge (“Employer”).... More