On June 12, 2023, the U.S. Court of Appeal for the Fifth Circuit reversed a grant of summary judgment holding a shipyard immune from Louisiana state law tort claims pursuant to the Longshore and Harbor Workers’ Compensation...more
Court: United States District Court for the Eastern District of Louisiana - Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to...more
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or...more
U.S. District Court for the Eastern District of Louisiana, June 16, 2022 - In this asbestos matter, the plaintiffs allege that James Becnel was exposed to asbestos at the Avondale Shipyards in 1965. Recently, several...more
United States District Court for the Eastern District of Louisiana, May 19, 2022 - In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as...more
This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more
A circuit split may be emerging after the Second Circuit Court of Appeals’ unanimous decision in Matter of Buchanan Marine, L.P., – F.3d –, No. 16-1092 (2d Cir. Oct. 27, 2017) (Kearse, Cabranes, Chin, J.) affirming a New York...more
Relying on Federal Court precedent, a Pennsylvania intermediate appellate court resolved whether the plain language of Section 916 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) prohibits the assignment of...more
In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more
In May 2015 a U.S. District Court and U.S. Court of Appeals each issued opinions that address important legal issues concerning risk management in the offshore energy industry. In Marquette Transportation Co. Gulf-Inland, LLC...more
The Department of Defense, the General Services Administration and NASA issued a final rule on May 30, 2014, which amended the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to...more