News
Dealership Not Liable for Alleged Defective Airbag
Plaintiff purchased a 1995 Toyota Corolla from a used car dealership that had previously purchased the vehicle from a Toyota dealership after a trade-in.... 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
Indemnification Argument Fails Due to LOAIA
Author: Kirby P. Blanchard Hilcorp hired Alliance for plug and abandonment services on a fixed platform in the Gulf of Mexico adjacent to... More
Fall Into Hole Denied by Recreational Use Statute
Author: Patrick J. Babin Plaintiff was injured while attending a cross country meet on defendant’s (a paper mill) land when she fell into... More
Worker Was Not A Seaman, Could Not Satisfy the 30% Rule
Earlier this week, the Court of Appeals of Maryland discussed “seaman status,” and the distinction between seaman and land-based maritime workers. The inquiry arose in... More
Are Longshore Death Benefits Available to Same-Sex Spouses?
In United States v. Windsor, the Supreme Court of the United States ruled that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. ... 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
National Average Weekly Wage Percent Increase for 10/01/2013
The Department of Labor (“DOL”) published the percent increase for the National Average Weekly Wage (“NAWW”), which will go into effect on 10/01/2013. As... More
Serving Raw Oysters . . .
Spitale’s Bar, Inc. operates a restaurant and bar in Amite, Louisiana. Plaintiff, who suffered from non-alcoholic steato hepatitis (“NASH”), ate two raw oysters at... More
Prosecuting Misrepresentation and Fraud Under the Longshore Act
Section 31 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) contains statutory penalties for misrepresentations made by a LHWCA litigant. If a claimant... More