Last week, the U.S. Supreme Court granted the Writ of Certiorari in the Dutra v. Batterton case, setting the stage for a resolution of the Circuit Split between the US Fifth and Ninth Circuits on whether punitive damages are available to a seaman on an unseaworthiness claim. A more thorough review of the Dutra case
Split in the Circuits Sets up Punitive Damages Showdown
by the Admiralty and Maritime Team
It is now well settled in the United States Fifth Circuit Court of Appeals that a seaman cannot recover punitive damages on an unseaworthiness claim. McBride v. Estis Well Service, 768 F.3d 382 (5th Cir. 2014) (en banc). Specifically, the U.S. Fifth Circuit has held that
U.S. 5th Circuit Highlights Chasm Between Seaman Classification Under Jones Act and FLSA
In the recent case of Halle v. Galliano Marine Service, L.L.C., No. 16-30558, 2017 WL 1399697 (5th Cir. Apr. 19, 2017) the U.S. Fifth Circuit addressed for the first time whether ROV technicians, who are traditionally Jones Act seamen, qualify as seamen under the Fair Labor Standards Act (“FLSA”). The Court found that the
U.S. Supreme Court Limits Forum Shopping by Railroad Employees… and by Extension Jones Act Seamen
By the Admiralty and Maritime Team
In the recent case of BNSF Railway Co. v. Tyrrell, the U.S. Supreme Court rejected a blatant forum shopping attempt by two railway employees and limited future lawsuits against out-of-state railroads. In BNSF Railway Co., Robert Nelson of North Dakota and Kelli Tyrrell of South Dakota filed
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
Seaman Status Found for Worker on “Floating Mat” Not Connected to a Vessel at the Time of Injury
On October 19, 2016, the Louisiana Third Circuit Court of Appeal in Guidry v. ABC Ins. Co., 2016-61 (La. App. 3 Cir. 10/19/16); — So. 3d — affirmed that a welder injured while assisting in the construction of a bulkhead in Grand Isle, LA was a seaman and that the floating mat on which
U.S. Fifth Circuit Reaffirms Importance of Actually Working on Vessel for Seaman Status
The U.S. 5th Circuit recently re-addressed the standing law on seaman status in the Circuit in Alexander v. Express Energy Services Operating, L.P., No. 14-30488. In that case, Alexander was injured while working on Express’ P&A crew on an Apache platform. As a member of the P&A crew, his job was to ensure that