Category Archives: Jones Act

McBride v. Estis arrives: punitive damages not available for Jones Act unseaworthiness

The Fifth Circuit released its opinion in McBride v Estis today, the long-awaited decision regarding punitive damages.  It tips the scales at 73 pages.  The Court, in a close decision, reverses the panel opinion and concludes punitive damages are not available for a Jones Act seaman, whether it is a claim for wrongful death or for personal … Read More »

E.D.La. court denies recovery of Jones Act nonpecuniary wrongful death damages and punitive damages.

In Ainsworth v. Caillou Island et al, E.D. La. C/A No. 13-0688, Tracy Ainsworth filed suit as the parent and natural tutrix of Veronika Bumgarner, the surviving daughter of decedent Vernon Bumgarner, a Jones Act seaman.  Plaintiff sought recovery of loss of society damages, punitive damages, and the decedent’s lost wages.  The defendants moved to strike … Read More »

Removal of Jones Act claim sticks based on ancillary arbitration claim

On June 11, 2013, in Gautreaux v. Tassin Intl., Inc., E.D. La. C/A No. 12-2987, 2013 WL 2635173 Judge Morgan held that a cross claim concerning the validity of a foreign arbitration clause could effectively bind plaintiff’s maritime claims, brought in state court, to a federal district court.  The Judge held that Louisiana law did … Read More »

Jones Act Does Not Apply to Chinese National; Removal Proper under Federal Sovereign Immunities Act.

In Yu v. Dalian International Maritime Services Co., slip copy, 12-0707, 2012 WL 1932974 (E.D.La. 5/29/2012), plaintiff, a citizen of the People’s Republic of China, brought suit in Louisiana state court seeking damages for injuries sustained on Defendants’ vessel under the Jones Act or, alternatively, under Chinese law.  Defendants removed the case and Judge Berrigan … Read More »

Louisiana Magistrate Affirms Punitive Damages Are Not Available to a Jones Act Seaman for Unseaworthiness

McBride v. Estis, 12-557 (W.D.La. 2012). On March 9, 2011, the barge Estis Rig 23 was operating in Bayou Sorrell, a navigable waterway in the State of Louisiana. As the barge crew, all of whom were employed by Estis, was attempting to straighten the twisted monkey board in the derrick, the pipe in the derrick … Read More »

Louisiana Appellate Court voids seaman’s release executed before first doctor visit, finding seaman lacked “full understanding and knowledge” of his rights.

In Rudolph v. D.R.D. Towing Company, LLC,  Mr. Rudolph, who worked for D.R.D Towing aboard the M/V RUBY E, allegedly sustained injuries when the M/V MARTIN CHALLENGER collided with his vessel.  — So.3d —, 2012 WL 1415135, No. 11-CA-1074(La.App. 5 Cir. 4/24/12).  Three days after the incident, before receiving medical treatment or legal advice, Mr. … Read More »

Fifth Circuit affirms summary judgment on maintenance and cure: palliative, not curative

In Alario v. Offshore Service Vessels, LLC the Fifth Circuit affirmed Judge Fallon’s grant of summary judgment for the defendant vessel owner.  Michelle Alario filed suit against her Jones Act employer, alleging negligence, unseaworthiness, and entitlement to maintenance and cure when she fell out of her bunk and injured her shoulder.  The district court (Judge Fallon) granted … Read More »

District Court finds Jones Act seaman potentially entitled to punitive damages for unseaworthiness

An Eastern District of Missouri court recently concluded on March 5, 2012 that a Jones Act seaman can be entitled to punitive damages in In re Osage Marine Services, 10-1671 (E.D. Mo. 2012).  The opinion joins the divide following the Supreme Court’s pronouncement in Atlantic Sounding v. Townsend.  Louisiana courts have consistently held there is no … Read More »

Louisiana, Washington district courts divide sharply on punitive damage for arbitrary and capricious denial of maintenance and cure

Following the Supreme Court’s opinion in Atlantic Sounding v. Townsend, nary a Jones Act seaman’s complaint is filed without the plaintiff alleging his entitlement to punitive damages because his or her employer has willfully, wantonly, arbitrarily and capriciously deprived him or her of punitive damages. Along with the plaintiffs’ demands, defendants have dusted off their defenses … Read More »

Fifth Circuit cuts with a thin knife, ruling the jury committed error when it concluded a railroad worker’s arthritis was caused by his work

“For nearly 40 years,” the Fifth Circuit explained, “Harold Huffman worked for the Union Pacific Railroad.”  In one of the growing list of injury-over-time suits, Mr. Huffman filed suit against Union Pacific under FELA, claiming he suffered from osteoarthritis to his knee as a result of his forty years of hard work.  After the jury found Union Pacific was … Read More »

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