Tag: Maritime
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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 […]
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Maritime Casualty
5th Circuit Holds OCSLA and Louisiana Law Apply to Indemnity Dispute
- July 1, 2013
- By Allen & Gooch
In Ace Am. Ins. Co. v. M-I, L.L.C., 699 F.3d 826 (5th Cir. 2012), the Fifth Circuit recently applied the Outer Continental Shelf Lands Act (OCSLA) and Louisiana law to an indemnity provision of a Master Services Agreement (MSA). Indemnity Under Master Service Agreement In Ace, two companies—M-I, L.L.C. (M-I) and British Petroleum (BP)—entered into […]
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Maritime Casualty
Texas Court Holds That Maritime Claims Are Removable To Federal Court
- June 5, 2013
- By Allen & Gooch
More Maritime Claims Are Removable in Texas Now Federal district courts have original jurisdiction over admiralty and maritime lawsuits (i.e. “admiralty jurisdiction”), but these suits typically cannot be removed from state to federal court. However, last month in Ryan v. Hercules Offshore, Inc., 945 F.Supp.2d 772 (S.D. Tex. May 13, 2013), the Southern District of Texas held that […]
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Maritime Casualty
Employers Not Entitled To Restitution Of Maintenance And Cure Benefits
- June 3, 2013
- By Allen & Gooch
The U.S. Fifth Circuit Court of Appeals recently released an opinion concerning a maritime employer’s obligation to pay maintenance and cure benefits. In Boudreaux v. Transocean Deepwater, Inc., 711 F.3d 501 (5th Cir. 2013), the Court tackled what it called a “novel” issue: whether a successful McCorpen defense automatically entitles an employer to restitution of maintenance and cure benefits […]
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Maritime Casualty
5th Circuit Addresses How Collateral-Source Rule Applies to “Cure”
- April 5, 2013
- By Allen & Gooch
In Manderson v. Chet Morrison Contractors, Inc., 666 F.3d 373 (5th Cir. 2012), the U.S. Fifth Circuit Court of Appeals recently addressed the application of the collateral-source rule when awarding a seaman with “cure.” The issue was one of first impression: whether a cure award should include the difference between the amount a seaman’s medical […]
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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, […]