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Maritime Updates

14 Mar 2017

Maritime Update: Punitive Damages Allowed for Unseaworthiness Claim

Allan A. Tabingo v American Triumph LLC et al (decided March 9, 2017 en banc) On March 9, 2017, the Supreme Court of Washington ruled that an injured Alaskan commercial fisherman could claim punitive damages when injured as a result…

9 Mar 2017

Maritime Update: Maritime Contract Determination

In the case of Larry Doiron, Inc. v. Specialty Rental Tools & Supply decided by the Fifth Circuit Court of Appeals on February 23, once again, the court was required to determine whether a contract was a maritime one. If…

3 Mar 2017

Maritime Update: Passenger Vessel and Duty of Care Owed

Valierie Miller v. NCL (Bahamas) Ltd, No. 16-12019 (11th Cir., March 1, 2017) Valierie Miller (“Plaintiff”) boarded the Norwegian Cruise Line (“NCL”) vessel, the Norwegian Gem, on February 18, 2015. The very next day, she suffered a fall aboard the…

2 Feb 2017

Maritime Update: Secondary Payer Statute Can Recover Against a Law Firm

Humana Insurance Co. v Paris Blank LLP, 187 F.Supp.3d 676 (ED Va. Richmond Division 2016) A federal court in Virginia this past year ruled that a Medicare Advantage Organization (MAO) was permitted to pursue recovery against a law firm and…

30 Jan 2017

Maritime Update: 4th Circuit Court of Appeals Rules “Zone of Danger Test” Not Applicable to Compensation Claims

In the case of CERES MARINE TERMINALS, INC., v DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED and SAMUEL JACKSON, the Fourth Circuit Court of Appeals (federal) ruled that LHWCA claimants can recover for a work-related psychological injury and it is…

2 Dec 2016

Maritime Update: The Louisiana 1st Circuit Weighs in on – What is a Maritime Tort?

In the case of Welch v. Daniels decided October 31, 2016 by the First Circuit Court of Appeals for the State of Louisiana, the plaintiff-appellant, Eddy Welch, appealed a judgment rendered by the Nineteenth Judicial District Court. The trial court…

29 Nov 2016

Maritime Update: Fifth Circuit Makes a Change in the Collateral Source Rule for Maritime Torts

This ground breaking decision of DePerrodil v. Bozovic Marine, Inc. by the Fifth Circuit Court of Appeals on November 17 addressed the collateral source rule with respect to the recovery of medical expenses and what is commonly known as the…

2 Nov 2016

Maritime Update: 9th Circuit Court of Appeals Upholds McCorpen Defense for Maintenance & Cure

In this unpublished decision, the relevant question on appeal in the case of Coastal Villages Pollock v. Ahokaya, 2016 U.S. App. LEXIS 18194 (9th Cir. Oct. 6, 2016) was whether the district court correctly determined, as a matter of law,…

12 Oct 2016

Maritime Update: 5th Circuit Awards Attorney Fees to Prevailing Party in Allision Case

The US Court of Appeals for the Fifth Circuit affirmed the award of attorney fees of almost $300,000 to the prevailing plaintiff in an allision case. In the case of  Moench v. Marquette Transportation decided by the 5th Circuit on…

27 Sep 2016

Maritime Update: 5th Circuit Affirms Summary Judgment Denying Seaman Status to Reassigned Worker

On September 23, the Fifth Circuit affirmed a summary judgment in the lower court on seaman status. In the case of Felder v. Nabors Offshore Corporation, the summary judgment evidence revealed Felder suffered a brain aneurysm while on Nabors’ platform…

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