News
DOL Issues Preliminary National Average Weekly Wage Estimates for 10/01/2012
The Department of Labor issued its preliminary estimates for the National Average Weekly Wage change going into effect on October 1, 2012. National Average... More
Clean Water Act: EPA Assesses Pollution Fines and Penalties Against South Louisiana Marine Transportation Company
$525,000 in fines and penalties was assessed recently against an area tug operator/shipyard following its guilty plea earlier this year. Cenac Towing Co. was... More
No Harm, No Foul For Naming Incorrect Defendant in Lawsuit
Author: Tyler A. Moore Plaintiff was a guest at the Clarion Hotel in Alexandria when she allegedly tripped over an uneven surface while walking... More
Unless Confirmed by Court, Arbitration Award Cannot Preclude Future Litigation
Author: Wilton E. Bland, IV Louisiana’s First Circuit Court of Appeals recently addressed the application of res judicata in the context of an unconfirmed... More
Unenforced Cell Phone Usage Policy May Prevent Limitation of Liability
An excursion boat carrying 35 passengers stalled and anchored in the Delaware River’s navigational channel. As the boat waited for a tow, a tug... More
Slip-And-Fall Plaintiff Successful In Negligence Suit Against Restaurant
Author: Trevor M. Cutaiar 68-year-old Cora Ann Ball (“plaintiff”) injured her right shoulder, neck and low back in a slip-and-fall accident at a local cafateria. ... More
The “Substantial Evidence” Test Outlined in a Hearing Loss Case
Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to... 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
Denial of Maintenance and Cure Results in Large Punitive Damage Award
In 2009, the U.S. Supreme Court sent shock waves through the maritime industry and legal community when it ruled that a Jones Act employer... More