The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the
Eastern District of Louisiana
Insurance Policy’s “No Claims Bonus” Can Be a Recoverable Damage
By the Admiralty and Maritime Team
A “no claims bonus” is an attractive carrot that insurers can write into a policy to attract more customers. Indeed, the recovery of a “no claims bonus” can result in a substantial payoff for an insured. Given the maxim: “accidents happen”, the question arises, can the “no claims bonus”…
Louisiana Policy Endorsement does not Contractually Expand Plaintiff’s Right to File Direct Action Against Insurers
The EDLA recently determined that the Insurance Service Office’s (ISO) “Louisiana Changes” endorsement does not expand the scope of Louisiana’s direct action statute. In Menard v. Gibson Applied Technology and Engineering, 2017 WL 6610466 (E.D. La. Dec. 27, 2017), the plaintiff was a senior field technician working offshore in the Gulf of Mexico and…
Eastern District of Louisiana: Total Work Stoppage Not Necessary for Eichleay Recovery of Extended Home Office Overhead
Delays are an unfortunate, but common occurrence on construction projects. These delays are sometimes caused by the project’s owner through change orders, delays in providing equipment and materials, slow response to requests for information, etc. When these delays occur, contractors will often request adjustments to the contract to account for the delay.
A major expense…
Contractors are not Subject to Criminal Charges for Violations of the Outer Continental Shelf Lands Act
By the Admiralty and Maritime Team
Yesterday, the U.S. Fifth Circuit Court of Appeals released its decision in USA v. Don Moss, et al., 2017 WL 4273427 (5th Cir. 2017) affirming the Eastern District’s ruling that oilfield contractors cannot be held liable for criminal violations of the Outer Continental Shelf’s Lands Act (OCSLA), 43…
Majority of EDLA Judges Acknowledge Continued Viability of Scarborough to Bar Punitive Damages Against Third Parties in Jones Act Cases
Until the U.S. 5th Circuit gets an opportunity to directly address the continued viability of Scarborough v. Clemco Industries, 391 F.3d 660 (5th Cir. 2004) in the wake of Atlantic Sounding v. Townsend, 557 U.S. 404 (2009), we are likely to see a lack of harmony among the district court judges considering this…
EDLA Rules Plug and Abandon Contract is Maritime in Nature, Providing Indemnification to Platform Owner for Personal Injury Claims
In November 2016, the Eastern District of Louisiana again confronted the “marshland” involved in categorizing a contract as maritime or non-maritime. In In re: Crescent Energy Services, LLC, No. 15-819 (E.D. La. Nov. 7, 2016), the court held that a contract to plug and abandon a well in Louisiana waters was maritime in nature.…
EDLA Reminds That Maritime Liens Are Not Automatically Enforceable At Time Of Attachment… But There Are Exceptions
On August 10, 2016, the Eastern District of Louisiana reaffirmed that a maritime lien may attach to a vessel at the moment the necessaries are provided, but that the lien may not yet be enforceable until payment is due (i.e., the debt had matured). Thus, in the typical case, the amount of security necessary…
EDLA Confirms That LHWCA Medical Benefits Are Not Subject To Collateral Source Rule
The application of the collateral source rule is a common dispute in personal injury litigation because it affects the amount of recoverable damages in the case. When it applies, the defendant is potentially on the hook for a higher amount of past medical expenses, typically, the amount invoiced by the medical providers. When it does…
Helicopters Transporting Passengers to Offshore Platforms Can Be Property Subject To A Salvage Award If Recovered or Saved In Navigable Waters
In the Gulf of Mexico, helicopters have replaced seagoing vessels as the primary mode of transporting workers from shore to their jobs on offshore platforms and rigs. It is black letter law that a seagoing vessel in peril that is rescued is subject to an award for salvage. Since helicopters have replaced vessels in the…