King, Krebs & Jurgens, PLLC

201 St. Charles Ave. 45th Floor
New Orleans, Louisiana 701370, United States

Contact: Steven Rossi

  • 504-582-3800
  • 504-582-1233

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood Protection Authority - East v. Tennessee Gas Pipeline Co., LLC et al.

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state…more
| Civil Procedure, Energy & Utilities, Environmental Law, Personal Injury, Maritime Law

New Definition of Waters Protected Under the Clean Water Act Proposed

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have proposed a new rule defining the scope of waters protected under the Clean Water Act (CWA)…more
| Energy & Utilities, Environmental Law

A Beach Vacation from the Longshore Act

In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides and Prado determined that a worker who was injured…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation, Maritime Law

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Maritime Law, Transportation

Offshore Acres and Leases Up for Grabs in the Atlantic Coast and Gulf Region

As a part of President Obama’s Climate Action Plan to promote American leadership in renewable energy, and coupled with the Interior’s “Smart from the Start” wind energy initiative for the Atlantic Coast, the Interior has…more
| Energy & Utilities, Environmental Law, Government Contracting

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order, clarifying…more
| Administrative Law, Labor & Employment Law, Personal Injury, Zoning, Planning & Land Use, Maritime Law

A SPAR Is Not A Vessel, But Is A SPAR A Building?

Are SPAR platforms immoveable buildings? On April 9, 2014, Judge Rebecca Doherty issued a memorandum ruling in Hefren v. Murphy Exploration & Production Co., USA, et al., that they are, meaning in Louisiana a five-year window to…more
| Civil Procedure, Personal Injury, Maritime Law

Employer’s Notice Of Controversion (LS-207) Does Not Eviscerate Holding Of Andrepont

The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.) No. 13-1594 (March 11, 2014), was recently asked to address the effect of the employer filing a notice of…more
| Worker’s Compensation, Insurance, Maritime Law

Fifth Circuit Recognizes Compensation Lien In Jones Act Case

In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized the right of an insurer providing and making voluntary payments to an injured employee under the Longshore and…more
| Civil Remedies, Insurance, Maritime Law

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
| Civil Remedies, Personal Injury, Maritime Law

Validity And Enforceability Of Seaman’s Release

The recent ruling in Double J. Marine, LLC v. Matthew Nuber, No. 13-5825 (E.D. La. Dec. 11, 2013) serves as a key reminder that employers need to be mindful that courts scrutinize release agreements as seamen are the wards of…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Maritime Law

Designated Entity Clauses — No Substitute For Knowing Who You Are Dealing With

With increasing frequency, parties to charters and other maritime contracts are including so-called Designated Entity Clauses or “OFAC” provisions. These clauses have the aim of complying with sanction programs such those…more
| Commercial Law & Contracts, International Law & Trade, Maritime Law

Maritime Attachment And Arrest . . . What Are They And Why Should I Care?

“A ship may be here today and gone tomorrow, not to return for an indefinite period, perhaps never. Assets of its owner . . . within the jurisdiction today, may be transferred elsewhere or paid off tomorrow.”…more
| Civil Remedies, Maritime Law

The Further Adventures Of The Fifth Circuit And The LHWCA Jurisdiction Test

On Tuesday, October 8, 2013, the United States Court of Appeals for the Fifth Circuit in BPU Management, Inc. v DOWCP (Donald Morgan) again addressed jurisdictional coverage under The Longshore and Harbor Workers’ Compensation…more
| Civil Procedure, Worker’s Compensation, Maritime Law

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 McBride…more
| Civil Remedies, Maritime Law, Personal Injury
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