Among the various duties that Jones Act employers are charged with is the duty to provide its seamen with reasonable medical care. In a recent decision from the U.S. Fifth Circuit Court of Appeals, Randle v. Crosby Tugs, L.L.C., the Court considered the extent of this duty and how it may be satisfied. The
Longshore and Harbor Workers’ Compensation Act 101 – Who is Covered
The following is an overview of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) which introduces general concepts concerning coverage and benefits under the Act. It should be noted that there are many more procedural and substantive aspects of the LHWCA that are not covered in this brief overview.
Background on the LHWCA:
In
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
Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
A. Introduction to Punitive Damages
Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59, 71, 33 S.Ct. 192, 57, L.Ed. 417 (1913). Punitive or exemplary damages do not compensate for a loss; instead, they are imposed to punish the