Tag: Federal Court

• Health Law

  Suit Filed Against Feds Over CMS Risk Adjustment Formula

  • September 12, 2016
  • By Allen & Gooch

  On July 29, 2016, Minuteman Health Inc. filed suit in Massachusetts against the federal government, naming, as defendants, the US Department of Health and Human Services, the Centers for Medicare and Medicaid Services (CMS) and the heads of both agencies.  The suit alleges that the risk adjustment formula used to calculate which insurance companies have […]

• 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 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

  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

  Punitive Damages allowed by Louisiana Federal Court in LHWCA Suit

  • October 9, 2013
  • By Allen & Gooch
  

  Will Punitive Damages Now be Available in Louisiana for Offshore Injuries? In Callahan v. Gulf Logistics, L.L.C., No. 6:06-CV-561 2013 WL 5236888 (W.D. La. Sept. 16, 2013), the Western District of Louisiana recently permitted a plaintiff to pursue punitive damages in a vessel negligence lawsuit for injuries allegedly sustained outside territorial waters, pursuant to section […]