Personal Injury Civil Remedies Maritime

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Fifth Circuit Maritime Case Will Set National Standard

In McBride v. Estis Well Service LLC, a divided Fifth Circuit sitting en banc held that punitive damages are not recoverable by an injured seaman or his heirs under the Jones Act or general maritime law of...more

Maritime Bulletin: Fifth Circuit Rules on McBride

The Fifth Circuit issued its en banc decision in Estis v. McBride Well Service, LLC, No. 12-30714 (5th Cir. September 25, 2014) and ruled that a Jones Act seaman’s recovery is limited to pecuniary losses where liability is...more

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

Land-Based Jones Act Seaman Status, Emotional Damages, And The “Zone Of Danger”

Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14)....more

Second Circuit Firmly Aligns (for now) with the Robins Dry Dock Rule on Non-Recoverability of Pure Economic Damages Absent...

The United States Court of Appeals for the Second Circuit in American Petroleum & Transport, Inc. v. New York, 2013 WL 6332548 (2d Cir. Dec. 6, 2013) recently - albeit reluctantly - joined the fleet of other federal circuit...more

But I’m Not Dead Yet! Punitive Damages For Unseaworthiness Claims Live On

The U.S. Fifth Circuit Court of Appeals recently concluded that Jones Act seamen can recover punitive damages for their employer’s willful and wanton breach of the general maritime duty to provide a seaworthy vessel, in...more

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

If in Doubt, File the Complaint for Limitation of Liability

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more

Liability of Owners and Operators for Injury to Persons Onboard

How far does the obligation of a duty of care regarding safety onboard a ship go? In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care...more

Resort Torts: Vacation, Resort and Recreational Liability

Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more

Resort Torts - Identifying Deadly Dangers for Tourists

Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more

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