Legal News

Supreme Court adopts “substantial nexus” test to determine when a worker is entitled to LHWCA benefits under OSCLA 1333(b)

Reversing Fifth Circuit precedent and settling a circuit split, the United States Supreme Court held in Pacific Operators Offshore LLP v. Valladolid, 132 S.Ct. 680 (2012), that the Outer Continental Shelf Lands Act, 43 U.S.C.A. § 1333(b), extends LHWCA benefits to an employee who can establish a “substantial nexus” between his injury and his employer’s … Read More »

In Re Eckstein Marine Service – Fifth Circuit clarifies six months means six months for filing a limitation action

In In re. Eckstein Marine Service, the claimant, Lorne Jackson, was injured when he was entangled in a line and pulled into a mooring bit, seriously injuring his leg, on February 28, 2009.  He filed suit on April 28, 2009 in Texas state court, which Eckstein (now known as Marquette) answered on June 10. Evidently catching … Read More »

Fifth Circuit expands “physical damage” requirement for economic loss recovery in maritime tort claims.

In Catalyst Old River Hydroelectric Limited Partnership v. Ingram Barge Co., 639 F.3d 207 (5th Cir. 2011), the Fifth Circuit revisited the long-standing rule which prohibits recovery for pure economic loss in a maritime tort action; physical damage or invasion to a proprietary interest is required.  Louisiana ex. rel. Guste v. M/V TESTBANK, 752 F. … Read More »

Fifth Circuit: Exculpatory clause on Vessel Owner’s website, Incorporated by reference in post-performance RSO, is binding on Ship Repairer under Course-of-Conduct Doctrine.

In One Beacon Insurance Co. v. Crowley Marine Services, Inc., a dispute arose among a ship repair contractor, barge owner, and insurance company over the terms of a ship repair service contract and marine insurance policy.  648 F.3d 258 (5th Cir. 2011).   A ship repair contract was formed between the vessel owner and the repair … Read More »

Coleman v. Omega: Summary Judgment on Jones Act Negligence and Unseaworthiness; then Denial of Maintenance and Cure for Willful Misconduct

In Joseph Coleman v. Omega Protein Inc., Joseph Coleman, a Jones Act seaman, filed suit against Omega Protein Inc. for unseaworthiness, negligence, and maintenance and cure following an accident onboard the F/V MISSISSIPPI SOUND.  Duncan & Sevin represented Omega Protein Inc. Mr. Coleman alleged he injured in an accident between 2:00 am and 3:00 am … Read More »

Fireman’s Fund v. Sneed Shipbuilding: Builder’s Risk Policy held to exclude faulty workmanship

In Fireman’s Fund v. Sneed Shipbuilding, Superior Shipyard filed suit against Sneed Shipbuilding in Lafourche Parish (17th JDC), then amended under Louisiana’s direct action statute to name Sneed’s builder’s risk insurer (Fireman’s Fund) and its GL insurer, Federal.  Fireman’s Fund.  Duncan and Sevin represented Fireman’s Fund. Fireman’s Fund and Federal filed declaratory judgment actions in the … Read More »

Fifth Circuit clarifies Ondimar and Presumptions of Negligence in a Barge Breakaway Case: Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLC et al., No. 09-30592 (5th Cir. 2010)

A number of barges at United Bulk Terminal’s facility broke away, alliding with the M/V ALKMAN, Combo’s vessel, on the Mississippi River. When Combo sued United for the breakaway, United filed a third-party complaint against Carnival, alleging that Carnival’s cruise ship caused the breakaway by navigating too close to the fleeting facility under full speed. … Read More »