Monthly Archives: March 2017

LA Supreme Court reaffirms district court’s ability to grant summary judgment when determining whether unreasonable “risk of harm” is present

In Martin v. Boyd Racing, LLC, et al (Martin v. Boyd Racing, L.L.C., et al, U.S. Fifth Circuit Court of Appeals, March 15, 2017, 2017 WL 1031283), the U.S. Fifth Circuit recently reaffirmed that a district court can decide on Motion for Summary Judgment whether a condition presents an “unreasonable risk of harm,” as provided … Read More »

Punitive damages allowed for unseaworthiness claim

In Tabingo v. American Triumph LLC, No. 92913-1, 2017 WL 959551 (Wash. Mar. 9, 2017), the Washington State Supreme Court determined a Jones Act seaman could maintain a claim for punitive damages under the General Maritime Law for unseaworthiness.

Fifth Circuit Reviews Louisiana’s Merchant Liability Act (La. R.S. § 9:2800.6)

The U.S. Fifth Circuit Court of Appeals on March 8th, 2017 decided a case under Louisiana’s Merchant Liability Act (La. R.S. 9:2800.6(B)(2)). Deshotel v. Wal-Mart Louisiana, L.L.C., U.S. Fifth Circuit Court of Appeals, March 8, 2017, 16-30643.