Monthly Archives: March 2014

In Naquin v. EBI, Fifth Circuit concludes a plaintiff can be both a Jones Act seaman and a Longshoreman

Larry Naquin was a repair supervisor for Elevating Boats.  His job consisted of supervising repairs on EBI’s liftboats while they were docked shore-side, including inspections, cleaning, painting, and repairing parts.  Two or three times a week, he would work while the vessels were being moved.  Every once in a while, he would repair a vessel … Read More »

Additional terms in indemnification agreement limits the duty to defend and indemnify to damages relating to workmanship of seller’s product

Weeks Marine, Inc. v. Standard Concrete Products, Inc. 12-20610, (5th Cir. 12/6/2013). John Johnson Jr., a construction worker, was allegedly injured when he fell while working on a reconditioning project on the I-10 Mississippi River Bridge.  Johnson filed suit in Alabama state court against several entities, including Standard Concrete, his employer, and Weeks Marine, the … Read More »

Not so fast – Removal of Jones Act claims hits a hurdle

In a prior post, we noted that Jones Act claims may be removable–or at any rate, the general maritime law portions would be.  That analysis has hit its first hurdle in Barry v. Shell Oil Co.  There, Judge Zainey granted plaintiff’s motion to remand after defendant’s removed based on the amended venue statute (28 U.S.C. 1441).  … Read More »