Some states, such as Louisiana, have restrictive statutes against contracting for defense and indemnity provisions. Under federal maritime law, however, these defense and indemnity provisions may be permitted. This distinction creates frequent tension in offshore injury lawsuits between the application of the bordering state law (which may prohibit defense and indemnity provisions) and the application
On March 11, 2020, during the height of the COVID-19 global pandemic, Governor John Bel Edwards declared a public health emergency for the State of Louisiana pursuant to the Louisiana Health Emergency Powers Act, La. R.S. 29:760 et seq. This is not the first time the Governor has declared a public health emergency for
The 5th Circuit issued a decision this week addressing an employer’s liability for benefits under the LHWCA to an employee who was allegedly injured while working. Although the end result was employer-friendly, it took numerous appeals for the employer to obtain it. Although some language suggests the plaintiff also filed a separate tort suit, this