Monthly Archives: June 2012

Jones Act Does Not Apply to Chinese National; Removal Proper under Federal Sovereign Immunities Act.

In Yu v. Dalian International Maritime Services Co., slip copy, 12-0707, 2012 WL 1932974 (E.D.La. 5/29/2012), plaintiff, a citizen of the People’s Republic of China, brought suit in Louisiana state court seeking damages for injuries sustained on Defendants’ vessel under the Jones Act or, alternatively, under Chinese law.  Defendants removed the case and Judge Berrigan … Read More »

Texas Court rules on LHWCA versus State Workers’ Compensation; Res Judicata

Salinas v. Meaux Surface Protection, Inc., 11-0096 (Tex. App. 1st Dist. 2012) On September 23, 2006, Plaintiff Orlando Salinas was a passenger in his supervisor Octave Samuel’s vehicle.  Both Plaintiff and Samuel were employed by Defendant Meaux Surface Protection, Inc.  The two were involved in a one-vehicle accident as the result of Samuel drinking while … Read More »

Louisiana Magistrate Affirms Punitive Damages Are Not Available to a Jones Act Seaman for Unseaworthiness

McBride v. Estis, 12-557 (W.D.La. 2012). On March 9, 2011, the barge Estis Rig 23 was operating in Bayou Sorrell, a navigable waterway in the State of Louisiana. As the barge crew, all of whom were employed by Estis, was attempting to straighten the twisted monkey board in the derrick, the pipe in the derrick … Read More »

Fifth Circuit allows excess underwriters to recover their defense costs from primary when primary improperly denied defense

In Continental v. North American et al, defendant Encompass had three different primary insurers: Continental, a GL carrier; Columbia, a professional liability carrier, and North American, where Encompass was an additional insured by virtue of an indemnity agreement with its subcontractor.  Encompass was also insured by National Union under an umbrella policy. All three primary … Read More »