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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