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Punitive Damages Only Mostly Dead Under General Maritime Law

By Offshore Winds on March 23, 2016
Posted in Jones Act

Punitive Damages - US Eastern District Court HouseFollowing the Fifth Circuit’s opinion in McBride v. Estis Well Service, 768 F.3d 382, 391 (5th Cir. 2014), we reported that punitive damages had “expired and gone to meet their maker” when it comes to Jones Act seamen. As it turns out, they were only mostly dead. In Corey Hume et al. v. Consolidated…

“In Navigation” Status for Vessels under Renovation Remains Unclear

By Offshore Winds on January 11, 2016
Posted in Jones Act
Helix
This ship may or may not have been a vessel in navigation while in dry dock for 20 months, according to a Texas court of appeals in the Jones Act case Gold v. Helix Energy Solutions Group.

A Texas court of appeals recently held that a drill ship undergoing…

Future Lost Wages Decision of Note by U.S. Fifth Circuit

By Douglas P. Matthews on September 14, 2015
Posted in Jones Act

The U.S. Fifth Circuit recently reversed and rendered a District Court’s finding of future lost wages so that it was based on statistical work life expectancy rather than Social Security retirement age. In the recent unpublished Fifth Circuit opinion, Mark Barto vs. Shore Construction, LLC; McDermott Inc., No. 14-31326, the Court affirmed a finding…

UPDATE: Punitive Damages for Jones Act Seamen are not “Pining for the Fjords, they’re Dead”!

By James D. Bercaw on September 26, 2014
Posted in Jones Act

On September 25, 2014, the en banc Fifth Circuit, in McBride v. Estis Well Serv., L.L.C., No. 12-30714 (5th Cir. Sept. 25, 2014), concluded in a brief opinion that the Supreme Court’s decision of Miles v. Apex Marine Corp., 498 U.S. 19 (1990), and its limitation on recovery to pecuniary damages, precluded Jones…

Don’t Stress, You’re Not Covered: Court Denies Recovery Under Jones Act for Work-Related Stress

By Offshore Winds on August 18, 2014
Posted in Jones Act

NOTE: This post was authored for the firm by Spencer Sinclair, a Tulane Law School student who spent part of his summer working at King, Krebs & Jurgens. — JAD

Stress and the Jones Act
The Eleventh Circuit in Skye v. Maersk Line, Ltd.
held seamen cannot recover for work-related stress under the Jones Act.

Is…

Fifth Circuit Recognizes Compensation Lien in Jones Act Case

By Douglas P. Matthews on March 12, 2014
Posted in Jones Act

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 Harbor Workers’ Compensation Act (LHWCA) to recover its payments from a recovery of Jones Act damages obtained by…

Land-Based Jones Act Seaman Status, Emotional Damages, and the “Zone of Danger”

By Douglas P. Matthews on March 12, 2014
Posted in Jones Act

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)

Plaintiff, Larry Naquin, Sr., a vessel repair supervisor employed by Elevating Boats, LLC, was injured on November 17, 2009, when a shipyard crane…

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

By James D. Bercaw on October 2, 2013
Posted in Jones Act, Maritime Accidents

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 v. Estis Well Serv., L.L.C., No. 12 – 30714 (5th Cir. Oct. 2, 2013). The jurisprudential history…

I’ll Take “Not a Vessel” for $600, Alex: What Is a Tension Leg Platform?

By James D. Bercaw on March 12, 2013
Posted in Jones Act, LHWCA, Offshore Oil

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen whether floating oil and gas production structures, such as SPARS and tension leg …

Jones Act Status Remains Unavailable on SPARS

By Douglas P. Matthews on January 14, 2013
Posted in Jones Act, Offshore Oil
This is not a vessel.

Jones Act status remains unavailable on SPAR Platforms, a type of deepwater floating oil drilling and production facility used in the offshore petroleum industry. While, as noted in the recent blog by Joseph Devall, Jr., the Supreme Court of the United States (SCOTUS) contemplates…

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We are lawyers representing clients primarily in the marine, energy and petrochemical industries. Our clients reflect a wide range of interests, including oil and gas exploration, development and production, petrochemical manufacturing, vessel and intermodal operations, and insurers and financial institutions doing business in these industries. From firsthand experience, we know that the laws, regulations and policies affecting these industries are ever-evolving. We have also seen that new business opportunities and technological advances occur constantly in these industries. We started this blog as a means of keeping ourselves and our readers abreast of notable developments in these areas. We plan to update regularly. We hope our posts will be of interest to our readers, whom we invite to join our discussions.

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King & Jurgens is a general corporate and litigation firm of approximately 35 lawyers with offices in New Orleans and Houston. We offer full service legal experience in most major practice areas, and are proud to be AV-Preeminent peer-review rated, the highest rating offered by Martindale-Hubbell for legal ability and ethics.

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