In the recent 2-1 decision of Knight v. Kirby Offshore Marine Pac., L.L.C, No. 19-30756, 2020 WL 7393534, at *1 (5th Cir. Dec. 17, 2020), the Fifth Circuit held that a Jones Act Seaman was contributorily negligent for his injuries when following the general orders of his superior. The Court analyzed the differences between general
Update: U.S. Supreme Court Denies Writs in McBride v. Estis Well Service
On May 18, 2015, the U.S. Supreme Court considered then denied the Writ of Certiorari filed by Petitioner, Haleigh McBride, who sought to have the U.S. 5th Circuit’s En Banc Opinion in favor of Estis Well Service reversed. See McBride v. Estis Well Service, LLC, 768 F.3d 382 (5th Cir. 2014). The writ denial
U.S. Fifth Circuit Extends McCorpen Defense to Successor Employer
Earlier this year, the U.S. Fifth Circuit authored an opinion in Meche v. Doucet, 777 F.3d 237 (5th Cir. Jan. 22, 2015) that touched on important issues related to the McCorpen defense against a seaman’s claim for maintenance and cure. See McCorpen v. Central Gulf Steamship Corp., 396 F.2d 547 (5th Cir. 1968).
U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman
Naquin v. Elevating Boats, L.L.C., — F.3d —, 2014 WL 917053, No. 12-31258 (5th Cir. Mar. 10, 2014)
(Davis and Milazzo, J.; Jones, J. dissenting)
In a decision that will undoubtedly have a lasting impact on marine insurers and their shipyard insureds, a divided panel of the U.S. Fifth Circuit held that a vessel
Fifth Circuit Recognizes Subrogation Lien In Jones Act Case
In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and Harbor Workers’ Compensation Act 33 U.S.C.A. § 901 et seq (“LHWCA”), specifically 905(b), is entitled to a subrogation lien against the
Work Related Stress: It Comes With The Job for a Jones Act Seaman
In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reversed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from “excessive work hours and an erratic sleep schedule.” The Court’s decision in Skye reaffirms a now decades old