Author: Trevor Cutaiar
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In a recent unpublished opinion, the United States Fifth Court of Appeals reviewed a district court’s grant of summary judgment dismissing a plaintiff’s negligence,...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
Contribution, Assignment and Allision in General Maritime Claims
On the morning of February 28, 2008, two drifting barges belonging to U.S. United Bulk Terminal, LLC and its related entities (“United”) struck and... More