Practice: Maritime Casualty
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Maritime Casualty
U.S. Fifth Circuit Discusses Removal Of OCSLA Claims
- March 25, 2013
- By Allen & Gooch
In a February 2013 opinion, Barker v. Hercules Offshore, Inc., 706 F.3d 680 (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals expounded on procedural issues involving removal of cases to federal court pursuant to the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.A. 1331, et seq (West 2012). The opinion cleared up problematic issues of subject matter jurisdiction, […]
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Maritime Casualty
Calculating Lost Future Wages in the Fifth Circuit
- August 30, 2012
- By Brian Perry
In Martinez v. Offshore Specialty Fabricators, Inc., 481 Fed. Appx. 942 (5th Cir. 2012), the U.S. Fifth Circuit Court of Appeals addressed the proper standard for calculating damages for lost future earnings under maritime law. The plaintiff, Ramiro Martinez, was a seaman injured in May 2008 while working as a mechanic aboard a derrick barge. Martinez sued […]
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Maritime Casualty
The US Supreme Court Bases LHWCA Compensation on Year of Injury
- April 20, 2012
- By John Hughes
Newly Awarded LHWCA Compensation Based on Year of Injury In Roberts v. Sea-Land Services, Inc., 132 S. Ct. 1350 (2012), the US Supreme Court ruled that under the Longshore Harbor and Workers Compensation Act (LHWCA), a claimant is “newly awarded compensation” when he first becomes disabled and is therefore statutorily entitled to compensation. Thus, the […]
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Maritime Casualty
US Supreme Court Uses “Substantial Nexus” Test to Determine Coverage
- February 11, 2012
- By John Hughes
Circuit Split Resoved in Favor of “Substantial Nexus” In January 2012, the U.S. Supreme Court resolved a circuit split concerning the applicable standard for coverage under the Longshore and Harbor Workers Compensation Act (LHWCA) through the Outer Continental Shelf Lands Act (OCSLA) in Pacific Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680 (2012). OCSLA […]