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

Fifth Circuit Affirms Summary Judgment on Seaman’s Negligence, Unseaworthiness and Maintenance and Cure Claims

In a recent unpublished opinion, the United States Fifth Court of Appeals reviewed a district court’s grant of summary judgment dismissing a plaintiff’s negligence,... More

Factual Disputes Over Timing Preclude Summary Judgment on McCorpen Defense

United States District Court Judge Lance Africk recently addressed an interesting timing issue in connection with an employer’s McCorpen defense.  Plaintiff, Danilo Peralta, sustained... More

Louisiana Fifth Circuit Finds Seaman’s Jones Act Release Invalid

The Louisiana Fifth Circuit Court of Appeal recently considered the validity a Jones Act settlement in the context of an exception of res judicata. ... More

Summary Judgment Standard Properly Applied on Seaman’s Pretrial Motion to Reinstate Maintenance and Cure

A Washington state appellate court recently examined the “obvious tension” between the standard on summary judgment requiring that doubts be resolved in favor of... More

Scheduling of Discovery Conference Interrupted Abandonment of Suit

Louisiana Code of Civil Procedure Article 561 provides, subject to certain enumerated exceptions, that “[a]n action… is abandoned when the parties fail to take... More

Fourth Circuit Clarifies Distinction Between Attacks on a Court’s Subject Matter Jurisdiction and Attacks on the Sufficiency or Merits of a Claim

After suffering an injury to his hand, Timothy Holloway filed suit under the Jones Act against his alleged employers, Pagan River Dockside Seafood and... More

Fifth Circuit Upholds Dismissal of Untimely Limitation Action

 Lorne Jackson, a crew member of a tug owned and operated by Marquette Transportation Company Gulf-Inland LLC (“Marquette”) was seriously injured when his leg... More

Law of Adjacent State Does Not Apply Under OCSLA Where Federal Maritime Law Applies of its Own Force

In June 2007, Rodney Hamm was injured during his employment with Rodan Marine Services II, LLC (“Rodan”).  At the time of his injury, Hamm... More

Property Damage Counterclaim Forbidden By Jones Act

The Seventh Circuit Court of Appeals recently ruled on whether a property damage counterclaim in a Jones Act personal injury suit was an impermissible... More