Author: Will Bland, IV
U.S. Court has Personal Jurisdiction Over Foreign Ship Management Company
The U.S. Fifth Circuit Court of Appeals recently published an opinion, Carmona v. Leo Ship Management, Inc., addressing the proper jurisdiction of a lawsuit involving... More
U.S. Supreme Court: Punitive Damages Not Available to Plaintiff in Unseaworthiness Claim
In a much-anticipated decision, the U.S. Supreme Court held this morning that punitive damages are not available in unseaworthiness claims. Justice Alito authored the... More
Fifth Circuit: Offshore Supply Vessel Faces Liability for “Towing Vessel” Classification
In Shell Offshore, Inc. v. Tesla Offshore, L.L.C., No. 16-30528, 2018 WL 4844687 (5th Cir. Oct. 5, 2018), Fifth Circuit ruled on liability based on the... More
Fifth Circuit Defines Scope of Vessel Liability Under Oil Pollution Act of 1990
The U.S. Fifth Circuit Court of Appeals recently issued a decision in USA v. Nature’s Way Marine, LLC et al, addressing the statutory definition... More
DOL Clarifies Requirements for Coverage of Psychiatric Injury Claims Under War Hazards Compensation Act
On June 6, 2018, the U.S. Department of Labor’s Division of Federal Employees’ Compensation (DFEC) issued FECA Bulletin No. 18-03 to clarify the requirements... More
Fifth Circuit Vacates Summary Judgment and Allows Consideration of Plaintiff’s Expert
The plaintiff allegedly sustained injuries when he fell on a vessel owned by his employer. He filed a lawsuit in the U.S. District Court... More
Fifth Circuit Rejects Vicarious Liability Claim From Personnel Basket Injury
The U.S. Fifth Circuit Court of Appeals issued an opinion today addressing the vicarious liability of a principal contractor for its independent contractors. The... More
Ninth Circuit Finds DBA Claimant Failed to Establish Employee-Employer Relationship
The Ninth Circuit recently addressed the employer-employee relationship required in a claim under the Defense Base Act. Claimant worked as a contractor truck driver... More
Fifth Circuit: Maritime Carpenter Not Covered by LHWCA
The Fifth Circuit recently issued a new decision addressing the limits of jurisdiction under the Longshore and Harbor Workers’ Compensation Act. The claimant, a... More
Drilling Rig Exclusion Precluded Insured’s Reimbursement Claim Against Excess Insurer
The U.S. Fifth Circuit Court of Appeals recently addressed an insurance coverage question involving an excess insurer and an offshore injury. The Plaintiff was... More