Legal News

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.

U.S. 5th Circuit revisits the issue of what is a maritime contract

In Larry Dorion Inc. vs. Specialty Rental Tools and Supply, 849 F.3d 602 (5th Cir. 2017), the Fifth Circuit for the first time decided whether a contract to preform flow-back services on an off-shore natural gas well was a maritime contract. The plaintiff argued maritime law applied while plaintiff’s employer argued Louisiana state law applied.

Louisiana Supreme Court Adopts Time on the Risk Allocation for Defense Costs

In Arceneaux v. Amstar Corp, the Louisiana Supreme Court decided an important issue of first impression in Louisiana: whether the duty to defend in long latency disease cases may be prorated between insurer and insured during periods of self-insurance

Hull policy – Duty to Defend? No, says Judge Feldman

This insurance dispute arises from a marine allision involving multiple boats; one of which, sank. The P&I Underwriters insured L&L Marine Transportation under a protection and indemnity (P&I) policy. Atlantic Specialty also insures L&L, but under a hull and machinery policy. The sole question before the Court is whether Atlantic Specialty, under its hull policy, … Read More »

MEL Underwriter Can’t be an Interloper – Jones Act MEL Underwriter vs LHWCA Carrier

Plaintiff filed a lawsuit for injuries that he allegedly sustained working aboard a vessel. Plaintiff claimed he was a Jones Act seaman and filed suit against his employers, Nordic Underwater Services and AMI Consulting Engineers. He pleaded in the alternative a claim for benefits under the LHWCA. Nordic’s LHWCA carrier is American Longshore Mutual Association … Read More »

Duncan & Sevin Attorneys Obtain Defense Verdict for Trucking Clients

Chip Duncan and Lynette Stahl obtained a defense verdict for LEC Trucking Inc and Canal Insurance Company last month in Civil District Court, Parish of Orleans. The defense had argued an impact or accident never occurred and relied upon the testimony of its driver and the state trooper to defend the case. The Court found … Read More »

SCOTUS Holds Unaccepted Rule 68 Offer of Judgment Does Not Moot Class Claims

In Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (2016), the Supreme Court addressed the question of whether the failure of the named Plaintiff in a putative class action to accept a Rule 68 offer of judgment satisfying all of his alleged damages serves to moot the putative class litigation. In a 6-3 split, the … Read More »

Surveyor’s Report Prepared Prior to Litigation Qualifies as Protected Work Product

A recent decision from the Southern District of Florida provides some guidance on the discoverability of surveyor’s reports prepared prior to the commencement of litigation. In B.M.I. Interior Yacht Refinishing, Inc. v. M/Y CLAIRE, 2015 WL 4316929 (S.D. Fla. July 15, 2015), several contractors brought an in rem suit against the M/Y CLAIRE seeking to … Read More »