Monthly Archives: December 2014

Supreme Court clarifies removal under Class Action Fairness Act: Plausible allegations of amount in controversy enough

What showing must a defendant first make upon removing a case to federal court under the Class Action Fairness Act (CAFA)? Does a “short, plain statement” plausibly alleging the amount in controversy suffice, or is the removing defendant required to produce evidence with the notice of removal to meet its burden? In Dart Cherokee Basin … Read More »

Federal decision finds no negligence or unseaworthiness, but does find punitive damages for arbitrary/capricious denial of M&C

On June 20, 2008, Jones Act plaintiff Willie Meche claims he hurt his back while he was lifting a hatch cover on a vessel owned and operated by Key Energy Services.  He filed suit in the Western District of Louisiana in front of Judge Haik.  The case went to trial in 2013 and is currently … Read More »

Contractual language sticks: ‘bareboat charter’ language in contract precludes recovery from BP, despite allegations BP actually controlled details of the work

A recent decision by the U.S. Fifth Circuit highlights how clear language in a charter party can help preclude a charterer’s liability. In Barron v. BP America Production Co., 2014 WL 4851804 (5th Cir. Oct. 1, 2014), the U.S. Fifth Circuit Court of Appeals affirmed a dismissal of the plaintiff’s Jones Act, unseaworthiness, and general … Read More »

Fifth Circuit Issues New Opinion Regarding Application of “Contractual Liability Exclusion” Common in Most CGL Policies

In Crownover v. Mid-Continent Casualty Co., 2014 WL 5473084 (5th Cir. Oct. 29, 2014), the U.S. Fifth Circuit Court of Appeals recently granted a motion for reconsideration and withdrew and reversed an earlier opinion.  The suit arose out of the Crownover’s contract with Arrow Development, Inc. (“Arrow”) for the construction of a new home in … Read More »