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Maritime Casualty
Admiralty Jurisdiction When Damage Occurs on Land
Admiralty Jurisdiction My last post referenced the two-part test to determine if a claim falls under a federal court’s admiralty jurisdiction: (1) did the incident occur on navigable waters? and (2) was the incident substantially related to a traditional maritime activity? However, a claim can be an admiralty claim even if the damage/injury occurs on […]
- July 18, 2016
- By Allen & Gooch
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Civil Procedure
Fair Credit Reporting Act – Plaintiffs Need More Than Mere Allegation
The United States Supreme Court recently decided Spokeo, Inc v. Robins, which stated that a plaintiff has to prove an actual “injury in fact” occurred from a violation of the Fair Credit Reporting Act, rather than merely alleging that a party has violated the Act. 578 U.S. ____ (2016) 2016 WL 2842447. In reversing the […]
- June 6, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
Invalid UM Selection Form May Supersede Previous Forms
A recently decided First Circuit Case has held that an insurer may not “pick and choose” which UM Selection Form to enforce. In the particular case, the insurer first argued that a 2009 UM Selection Form precluded recovery under a UM Policy. It was ultimately determined that issues of fact remained as to whether UM […]
- May 11, 2016
- By Allen & Gooch
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General Liability
Discoverability of Accident Reports
In a previous blog articles, 10 Items to Preserve After an Accident in a Company Vehicle and Best Practices for Documenting Slip and Fall Accidents, I discussed the importance of preserving information after an accident and creating accident reports. However, it is important to note that your reports may be discoverable by the adverse party. […]
- May 9, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
Spotting and Successfully Defending Claims Against Malingerers
Patients who malinger, or exaggerate illness, can be a problem for health and claims management professionals. Malingering is defined by the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition-Text Revision (DSM-IV-TR) as the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding work or military duty; […]
- May 4, 2016
- By Allen & Gooch
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Maritime Casualty
Fifth Circuit: Offshore Dispute Governed by Louisiana Law
In Petrobras Am., Inc. v. Vicinay Cadenas, S.A., 815 F.3d 211 (5th Cir. 2016), the U.S. Fifth Circuit Court of Appeals recently analyzed whether maritime law or Louisiana law applied to an offshore dispute occurring on the outer continental shelf. The Petrobras case involved an underwater tether chain that broke after being installed in an […]
- May 2, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
UM Rejection Forms – Little Traction Given to Consent Challenges by Insureds not Fluent in English
Recently, in Ponce v. Welch, 15-669 (La. App. 5 Cir. 3/16/16) 2016 WL 107-8579, Louisiana’s Fifth Circuit Court of Appeal upheld summary judgment in favor of an insurance company by denying a UM rejection form challenge of an insured claiming she did not understand the UM rejection agreement because she was not fluent in English. […]
- April 27, 2016
- By Brent Carriere
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Maritime Casualty
Seamen’s Recovery of Punitive Damages Against Non-Employer Third Parties
We previously reported on the dispute whether Jones Act seamen can recover punitive damages under general maritime law against non-employer third parties. District court opinions on this issue have differed, mostly due to conflicting interpretations of prior U.S. Supreme Court and U.S. Fifth Circuit Court of Appeals decisions. Hume v. Consolidated Grain & Barge, […]
- April 25, 2016
- By Allen & Gooch
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Employment Law & Litigation
Fair Credit Reporting Act Effect on Employment
Credit reports are often used as decision makers in many aspects of our lives that do not include taking on more debt. Employers often use credit reports as indicators of a future employee’s stability and trustworthiness. However, employers that use credit reports as part of their hiring process may need to reexamine their protocols. Under […]
- April 20, 2016
- By Allen & Gooch
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Business Litigation
Adverse Presumption Awarded for Breaching Duty to Preserve Evidence
Recently, in Sayre v. PNK (Lake Charles), LLC, 2015-859 (La. App. 3 Cir. 3/23/16), the Third Circuit recently reversed a trial court’s refusal to provide a jury charge which included instructions that a party’s failure to preserve evidence within their control would give rise to a presumption that said evidence would be adverse to their […]
- April 11, 2016
- By Allen & Gooch
