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Maritime Casualty
What Are Vessel “Appurtenances”?
Maritime cases often discuss vessels and their “appurtenances.” For example, a vessel owner can be held liable under the theory of unseaworthiness if the vessel’s appurtenances are defective. Merriam-Webster defines “appurtenance” as “an object that is used with or for something.” But what does the word mean under general maritime law, and how do we […]
- March 14, 2016
- By Alan Stewart
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Construction Law
New Home Warranty Act – Plumbing vs. Structural Defects
In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]
- March 9, 2016
- By Allen & Gooch
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General Liability
Drone Regulations Up in the Air
Unmanned airships (UAS) also known as drones are rapidly becoming a part of our daily lives in both the recreational and commercial context. In March, 2015, the FAA recently relaxed regulations, allowing additional exemptions to commercial uses for drones. A party seeking commercial use can now more easily obtain a Section 333 exemption, which states […]
- March 7, 2016
- By Allen & Gooch
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Employment Law & Litigation
Family Medical Leave Act – Utilizing Provisions to Protect Employers
The Family Medical Leave Act (FMLA) covers public employers and private employers with more than 50 employees within a 75 mile radius. 29 U.S.C.A. § 2601-2654. Employees can take 12-24 weeks of unpaid, job-protected leave for specified family and medical reasons. Most employers are aware and comply with the Act, including the provision to inform […]
- February 29, 2016
- By Allen & Gooch
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Estate Planning and Administration
Estate Planning – Why is it Important to Include your Family Business in Your Estate Plan?
1) Is your business your largest asset? The first reason to include your business in your estate planning is that it is likely one of your most valuable assets. The business may be the asset most likely to create potential tax consequences based on its value. Would it be valuable to remove portions of the […]
- February 24, 2016
- By Allen & Gooch
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Maritime Casualty
Seaman Status of a Wireline Operator
Seaman Status is a Two-Part Test We previously discussed that determining whether your employee is a seaman requires analysis of a two-part test. First, the employee’s duties must “contribute to the function of a vessel or to the accomplishment of its mission.” Second, the employee must have a connection to a vessel in navigation (or […]
- February 22, 2016
- By Allen & Gooch
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Maritime Casualty
How Rejecting Recommended Medical Aid Affects Maintenance and Cure
Willfully Rejecting Recommended Medical Aid Could Result in Forfeiture of Maintenance and Cure Benefits A Jones Act seaman who is injured while in service of a vessel is generally entitled to maintenance and cure benefits until he reaches maximum medical improvement. However, he potentially forfeits his right to maintenance and cure if he willfully rejects recommended medical […]
- February 17, 2016
- By Allen & Gooch
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Employment Law & Litigation
Title VII Pregnancy Bias Claim Requires More than Temporal Proximity
The U.S. Fifth Circuit Court of Appeals affirmed the district court’s decision in Fairchild v. All American Check Cashing, Inc. that the employer had not violated the Fair Labor Standards Act (“FLSA”) or Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. Fairchild v. All American Check Cashing, […]
- February 15, 2016
- By Allen & Gooch
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Maritime Casualty
Determining the Amount of Cure Owed to Your Seamen–Employees
Cure Is Paid Only for Incurred Medical Expenses “Cure” is a shipowner’s obligation to pay necessary medical expenses for seamen injured while in service of its ships. Seamen are only entitled to recover cure for medical expenses actually incurred rather than the amount charged. (Medical bills are frequently charged/billed at a certain rate and then […]
- February 10, 2016
- By Allen & Gooch
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Business Litigation
Personal Liability for LLC Members
Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]
- February 8, 2016
- By Allen & Gooch
