Monthly Archives: March 2016

Gasquet can be avoided with careful policy wording says the Fifth Circuit

In a recent opinion the U.S. Fifth Circuit Court of Appeals, applying Texas law, held that an excess carrier’s coverage was not triggered where the primary carrier settled claims against its insured for less than policy limits. In Martin Resource Mgmt. Corp. v. Axis Ins. Co., 803 F.3d 766 (5th Cir. 2015), Martin Resource Management … Read More »

Fifth Circuit finds amount in controversy met for NORM exposure claims in mass action removed under CAFA

The Fifth Circuit recently handed down another decision on issues of federal subject matter jurisdiction under CAFA for pollution claims. In Robertson v. Exxon Mobil Corp., No. 15-30920, 2015 WL 9592499 (5th Cir. Dec. 31, 2015) over one hundred individual Plaintiff’s filed suit in Orleans Parish Civil District Court against a host of defendants for … Read More »

Eastern District of Louisiana Finds Jones Act Employer Does Not Receive Benefit of Write Downs Negotiated by Third-Party Financier with Plaintiff’s Medical Providers

In Howard v. Offshore Liftboats, LLC, C/A 13-4811, 2016 WL 232252 (E.D. La. Jan. 1, 2016), plaintiff filed suit against Offshore Liftboats (OLB) claiming injuries arising from a failed personnel basket transfer and demanding payment of maintenance and cure. A dispute arose between OLB and the plaintiff as to the cost of the medical care … Read More »