Tag: U.S. Fifth Circuit Court of Appeals
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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 […]
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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 […]
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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 […]
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Employment Law & Litigation
Arbitration Agreements with Class Action Waivers Violate NLRA
- January 10, 2014
- By Allen & Gooch
Employers Cannot Eliminate an Employee’s Right to Sue Over Unfair Labor Practices by Arbitration Agreement In D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board (NLRB) held that D.R. Horton, Inc. (Horton) had violated the National Labor Relations Act (NLRA) by requiring employees to sign an arbitration agreement […]
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Maritime Casualty
Fifth Circuit Again Addresses LHWCA’s “Other Adjoining Areas”
- November 27, 2013
- By Allen & Gooch
Another Look at “Other Adjoining Areas” Only six months after its decision in New Orleans Depot Servs., Inc. v. Director, Office of Worker’s Compensation Programs, 718 F.3d 384 (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals once again addressed the issue of what was a covered situs under the Longshore and Harbor Workers […]
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Insurance & Casualty Litigation
Reservation of Rights and Retaining Independent Counsel in Texas
- November 6, 2013
- By Allen & Gooch
Applying Texas law, the U.S. Fifth Circuit Court of Appeals recently issued an opinion concerning an insured’s right to independent counsel when an insurer issues a reservation of rights letter. In Downhole Navigator, L.L.C. v. Nautilus Ins. Co., 686 F.3d 325 (5th Cir. 2012), the Court held that an insured is only entitled to independent […]
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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 […]
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Maritime Casualty
LHWCA: “Other Adjoining Areas” Must Be Contiguous to Navigable Waters
- September 23, 2013
- By Allen & Gooch
Status and Situs An individual seeking workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) must satisfy two separate requirements—“status” and “situs.” The “status” test requires that the recipient of benefits be engaged in “maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor worker including a […]
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Maritime Casualty
Federal Admiralty Jurisdiction Applies to Navigable Waters
- September 8, 2013
- By Allen & Gooch
Whether an accident occurs on “navigable waters” for federal admiralty jurisdiction depends on whether the body of water is subject to interstate commerce.
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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 […]