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Maritime Updates

31 May 2017

Maritime Update: A Seaman May Not Recover Punitive Damages Against Non-employer Third Party

On May 22, 2017, Judge Mary Ann Lemmon of the United States District Court for the Eastern District of Louisiana rendered a decision which traced the case law history on punitive damages for a seaman. Following her review, she ruled…

18 May 2017

Maritime Update: The Burden of Proof When There are Preexisting Conditions

On May 12, 2017, the Fifth Circuit Court of Appeals again addressed the law with regard to a plaintiff with pre-existing conditions which make him/her more susceptible to disability. In the case of Koch v. USA, the appeals court affirmed…

16 May 2017

Maritime Update: 5th Circuit Affirms Summary Judgment for Platform Owner

In its decision in DAVIS v. DYNAMIC OFFSHORE RESOURCES, L.L.C. decided on May 12, 2017, the Fifth Circuit Court of Appeals affirmed summary judgment in favor of Dynamic Offshore as a platform owner. Dynamic owned and operated offshore platforms in…

26 Apr 2017

Maritime Update: ROV Technician Not a Seaman Under FSLA

On April 19, the US Court of Appeals for the Fifth Circuit in the case of Halle v. Galliano Marine Service overruled a Motion for Summary Judgment in the lower court and ruled that the technician for a remotely operated…

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…

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