Monthly Archives: June 2013

E.D.La. court denies recovery of Jones Act nonpecuniary wrongful death damages and punitive damages.

In Ainsworth v. Caillou Island et al, E.D. La. C/A No. 13-0688, Tracy Ainsworth filed suit as the parent and natural tutrix of Veronika Bumgarner, the surviving daughter of decedent Vernon Bumgarner, a Jones Act seaman.  Plaintiff sought recovery of loss of society damages, punitive damages, and the decedent’s lost wages.  The defendants moved to strike … Read More »

Removal of Jones Act claim sticks based on ancillary arbitration claim

On June 11, 2013, in Gautreaux v. Tassin Intl., Inc., E.D. La. C/A No. 12-2987, 2013 WL 2635173 Judge Morgan held that a cross claim concerning the validity of a foreign arbitration clause could effectively bind plaintiff’s maritime claims, brought in state court, to a federal district court.  The Judge held that Louisiana law did … Read More »

Oregon Rule allides with Pennsylvania Rule

In Mike Hooks Dredging v. Marquette Transportation Gulf-Inland, LLC et al., No. 12-30474 (5th Cir. 2013),  a moving vessel (M/V PAT MCDANIEL owned and operated by Eckstein Marine Service, Inc.) struck the Dredge MIKE HOOKS, which was moored against the bank in a narrow channel in violation of INR 9(g). Thus, the Oregon Rule, which … Read More »