Tag: U.S. Fifth Circuit Court

• 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 […]

• 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, […]

• Insurance & Casualty Litigation

  SSA Broadly Construed When Deciding Whether To Award Attorney’s Fees

  • March 4, 2013
  • By Allen & Gooch
  

  The U.S. Fifth Circuit Court of Appeals recently addressed the award of attorneys’ fees under Section 406(b) of the Social Security Act. In Jackson v. Astrue, 705 F.3d 527 (5th Cir. 2013), the plaintiff appealed the Social Security Administration’s (“SSA’s”) denial of his claim for disability-insurance benefits and supplemental-security-income benefits. A district judge in the Northern […]