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
IME Opinion That Seaman is at MMI Will Not Shield Jones Act Employer from Punitive Damage Exposure if Used to Terminate Maintenance and Cure Benefits
The doctrine of maintenance and cure mandates that an employer pay an injured seaman a per diem living allowance for food and lodging comparable to what the seaman was entitled to while at sea. The injured seaman is also entitled to payment of medical expenses incurred in treating an injury or illness. The duty to
Decedents Who Are Neither Jones Act Seaman Nor Covered By The LHWCA Are “Nonseafarers”
In the recent case of In re Marquette Transp., No. 13-5114, 2016 WL 1695109 (E.D. La. 4/26/16), Judge Sarah Vance offered the latest comment on how a “seafarer” is defined by the landmark U.S. Supreme Court case of Yamaha Motor Corp. U.S.A. v. Calhoun, 516 U.S. 199 (1996).
In re Marquette arose out of
Update: Fights Continue Over the Availability of Punitive Damages in Maritime Cases
Last December, we posted an article addressing the recent conflicted decisions out of the Eastern District of Louisiana on the remaining availability of punitive damages against third parties under general maritime law. You can find that article here. In 2016, the conflict continues…
As we mentioned, Judge Fallon allowed a claim for punitive damages
U.S. Fifth Circuit Holds That Platform Decommissioning Operations Fall Under Louisiana Oilfield Indemnity Act
A typical oilfield personal injury case in (or off the coast of) Louisiana involves a review of the relevant contracts and an analysis of whether demands for defense and indemnity can be made (and enforced) against other contracting parties. And, typically, the party on the receiving end of such a demand – usually the plaintiff’s
Fights Continue Over the Availability of Punitive Damages in Maritime Cases
Since the U.S. Supreme Court’s ruling on the availability of maritime punitive damages claims in Atlantic Sounding v. Townsend, 557 U.S. 404 (2009), maritime plaintiffs have fought tirelessly to see where else they can carve out from under the Jones Act’s prohibition from punitive damages. Recall that in Townsend, the Supreme Court recognized
Decades Later – McCorpen Still at Work
As a final follow up on our previous posts (here and here) monitoring Meche v. Doucet’s progression through the court system, we report that on October 5, 2015, the United States Supreme Court denied writs. As previously reported, in Meche, 777 F.3d 237 (5th Cir. Jan. 22, 2015), the Fifth Circuit expanded
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