Tag: Jones Act

• 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

  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

  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 […]

• Maritime Casualty

  Successors’ Use of Prior Pre-Employment Medical Exams

  • November 24, 2015
  • By Allen & Gooch

  In Meche v. Doucet, 777 F.3d 237 (5th Cir. 2015), the U.S. Fifth Circuit Court of Appeals discussed a Jones Act employer’s McCorpen defense to the payment of maintenance and cure benefits.  To successfully establish the defense, the employer must show (1) the claimant intentionally misrepresented or concealed medical facts; (2) the non-disclosed facts were […]

• Maritime Casualty

  Employment Gaps May Affect Seaman Status

  • September 10, 2014
  • By Allen & Gooch
  

  Jones Act Coverage Based on Time Working on Vessel When making claims under the Jones Act, plaintiffs must prove that they spent 30% or more of their time working on a vessel or fleet of vessels under common ownership.  This analysis can become complicated if the seaman was employed by his employer on multiple occasions […]

• Maritime Casualty

  Fifth Circuit: Bystander Damages Not Available to Jones Act Seamen

  • March 27, 2014
  • By Allen & Gooch
  

  Jones Act Coverage Depends on the Danger Zone Jones Act seamen are only entitled to damages for emotional distress if they can pass the “zone of danger” test.  This test inquires whether a seaman was “physically impacted or within the zone of potential impact.”  See Naquin v. Elevating Boats, L.L.C., No. 12-31258 (5th Cir. March […]

• Maritime Casualty

  Fifth Circuit: Jones Act Seamen Need Not “Go to Sea”

  • March 21, 2014
  • By Allen & Gooch

  Requirements to Qualify as Jones Act Seamen As we previously discussed, Jones Act seamen must “contribute to the function of a vessel or to the accomplishment of its mission,” and they must also have a substantial connection to a vessel or fleet of vessels in navigation.  See Naquin v. Elevating Boats, L.L.C., No. 12-31258 (5th […]

• Maritime Casualty

  Jones Act: Verbal Settlement Agreements May Be Binding

  • January 31, 2014
  • By Allen & Gooch
  

  When seeking enforcement of a settlement, a Jones Act employer bears the burden of proving that the seaman had “an informed understanding of his rights and full appreciation of the consequences of executing the release.”  See Borne v. A & P Boat Rentals No. 4, Inc., 780 F.2d 1254 (5th Cir. 1986). Courts consider the […]

• Maritime Casualty

  Are Punitive Damages Again Available in Unseaworthiness Cases?

  • October 16, 2013
  • By Allen & Gooch
  

  Fifth Circuit Holds Punitive Damages Allowable for Certain Claims Last week, in McBride v. Estis Well Serv., L.L.C. (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals held that seamen may recover punitive damages for their employers’ willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. In its […]