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Tag Archives: Maritime Personal Injury

When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility

Posted in Maritime Law

On December 3, 2014, the Fifth Circuit, in In re:  RLB Contracting, Inc., No. 14–40326 (5th Cir. Dec. 3, 2014), concluded that an ongoing exchange of correspondence between counsel for a dredge involved in a maritime casualty and counsel for the wrongful death and personal injury claimants satisfied both prongs of the “reasonable possibility” test… Continue Reading

A SPAR Is Not a Vessel, but Is a SPAR a Building?

Posted in Offshore Oil

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 bring certain personal injury claims against designers or manufacturers applies. In issuing this ruling, Judge Doherty granted the… Continue Reading

The Fifth Circuit Restates Three Duties Vessel Owners Owe Longshore Employees

Posted in LHWCA, Ports & Cargo Shipping

Under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), a vessel owner owes three duties to longshore employees. In October 2012, the Fifth Circuit granted a summary judgment dismissing serious personal injury claims a cargo supervisor filed under LHWCA because the defendants had not breached any of these three duties. In doing… Continue Reading