Tag: eastern district of louisiana

• Maritime Casualty

  Admiralty Jurisdiction When Damage Occurs on Land

  • July 18, 2016
  • By Allen & Gooch

  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 […]

• Maritime Casualty

  Seamen’s Recovery of Punitive Damages Against Non-Employer Third Parties

  • April 25, 2016
  • By Allen & Gooch

  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, […]

• Maritime Casualty

  Fifth Circuit: LOIA Applies to Agreement to Salvage Platform

  • April 6, 2016
  • By Allen & Gooch

  LOIA Voids Certain Oilfield Indemnity Provisions Louisiana’s Oilfield Indemnity Act (“LOIA”) may invalidate certain indemnity agreements in oilfield contracts. See La. R.S. 9:2780.  There is a two-part test to determine if LOIA applies:  (1) the agreement must pertain to an oil, gas, or water well, and (2) the contract must involve operations related to the […]

• Maritime Casualty

  Seamen May Be Exempt from FLSA Overtime Rules

  • March 28, 2016
  • By Allen & Gooch

  Overtime Rules Under the FLSA The Fair Labor Standards Act (“FLSA”) requires that some employees be paid at least “one and one-half times” their regular wages for time worked over 40 hours in a workweek. 29 U.S.C. § 207(a)(1). However, the FLSA has an exemption for employees who are classified as “seamen.”  29 U.S.C. § […]

• Maritime Casualty

  What Are Vessel “Appurtenances”?

  • March 14, 2016
  • By Alan Stewart

  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 […]

• Maritime Casualty

  Seaman Status of a Wireline Operator

  • February 22, 2016
  • By Allen & Gooch

  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 […]

• Maritime Casualty

  How Rejecting Recommended Medical Aid Affects Maintenance and Cure

  • February 17, 2016
  • By Allen & Gooch

  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 […]

• Maritime Casualty

  Determining the Amount of Cure Owed to Your Seamen–Employees

  • February 10, 2016
  • By Allen & Gooch

  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 […]

• Maritime Casualty

  Recovery of Punitive Damages by Seamen in the Eastern District of Louisiana

  • January 11, 2016
  • By Allen & Gooch

  The availability of punitive damages for seamen has historically been a murky issue.  District courts are still attempting to decipher U.S. Supreme Court and Fifth Circuit jurisprudence to determine when punitive damages are available under the Jones Act and general maritime law.   Judges and jurists first look to the U.S. Supreme Court’s opinion in […]