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11th Circuit Addresses Maritime Salvage Case Arising out of Marina Fire |

http://navwaters.com/2015/08/10/11th-circuit-addresses-maritime-salvage-case-arising-out-of-marina-fire

Mouledoux, Bland, Legrand & Brackett. 11th Circuit Addresses Maritime Salvage Case Arising out of Marina Fire. August 10, 2015. Klein v. Unidentified Wrecked, etc., Vessel. Regarding the first element, a maritime peril does not exist where the vessel has the situation under control, however, all that is necessary is that there be a reasonable apprehension of peril. Fine v. Rockwood. Biscayne Towing and Salvage, Inc. v. M/Y Backstage. Circuit reversed, finding that there were genuine issues of material fa...

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Disclaimer |

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Mouledoux, Bland, Legrand & Brackett. Mouledoux, Bland, Legrand and Brackett is not responsible for any third party content which may be found through links accessed through this Web log. We provide links to other Web logs and websites without endorsement as a matter of information and convenience to our readers. The listing of areas of practice does not represent any official certification of expertise in any such areas. Mouledoux, Bland, Legrand and Brackett does not collect any personally identifiable...

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Eric Winder Sella

http://navwaters.com/author/ericsella

Mouledoux, Bland, Legrand & Brackett. Articles by Eric Winder Sella. Arbitration Provision in Salvage Contract Binding. September 4, 2015. By Eric Winder Sella. Farnsworth v. Towboat Nantucket Sound, Inc. No Punitive Damages Under Jones Act or General Maritime Law. August 5, 2015. By Eric Winder Sella. Defendant moved to dismiss Plaintiff’s claims for punitive damages under the Jones Act and the general maritime law, arguing that such damages are not recoverable as a matter of law. Jones v. Yellow Fi...

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Fifth Circuit |

http://navwaters.com/category/fifth-circuit

Mouledoux, Bland, Legrand & Brackett. Fifth Circuit: Maritime Carpenter Not Covered by LHWCA. August 29, 2016. By Will Bland, IV. Following a formal hearing, the Administrative Law Judge determined that the claimant was not covered by the Act and denied benefits. The Claimant appealed to the Benefits Review Board, which affirmed the ALJ’s decision. The Claimant appealed again to the U.S. Fifth Circuit Court of Appeals. Pacific Operators Offshore v. Valladolid. The Supreme Court held that for a claimant t...

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No expansion of the Longshoreman Definition |

http://navwaters.com/2015/07/20/no-expansion-of-the-longshoreman-definition

Mouledoux, Bland, Legrand & Brackett. No Expansion of the Longshoreman Definition. July 20, 2015. Coming before the Louisiana Third Circuit Court of Appeals was the question of whether the Claimant was covered by the Longshore and Harbor Workers’ Compensation Act or the Louisiana Workers’ Compensation Act. After reviewing the situs and status requirements of the LHWCA, the Court found he did not fall under the longshoremen classification. Hernandez v. Louisiana Workers’ Compensation Corp. October 14, 2015.

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Jones Act |

http://navwaters.com/category/jones-act

Mouledoux, Bland, Legrand & Brackett. Drilling Rig Exclusion Precluded Insured’s Reimbursement Claim Against Excess Insurer. August 4, 2016. By Will Bland, IV. Richard v. Dolphin Drilling. Filed Under: Fifth Circuit. Fifth Circuit Weighs in on P&I Insurance Coverage Dispute. April 6, 2016. Naquin v. Elevating Boats, L.L.C., et al. Filed Under: Fifth Circuit. Alleged Seaman’s Claims Dismissed for Lack of Negligence. January 6, 2016. By Will Bland, IV. Bourgeois v. Weber Marine. A Case of Sexual Harassment?

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NavWaters.com - Part 2

http://navwaters.com/page/2

Mouledoux, Bland, Legrand & Brackett. Tides Are Turning: The Arrival of Subchapter M. July 22, 2016. By Will Bland, IV. This article was prepared by our summer law clerk, Ridge Miguez. Subchapter M also creates many new requirements for design, construction, equipment, and operation of towing vessels. Those requirements are typically based on industry consensus standards or existing Coast Guard requirements for similar vessels. Filed Under: Coast Guard. July 18, 2016. The Occupational Safety and Health A...

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Defense Base Act Class Action Lawsuit Dismissed |

http://navwaters.com/2013/01/02/defense-base-act-class-action-lawsuit-dismissed

Mouledoux, Bland, Legrand & Brackett. Defense Base Act Class Action Lawsuit Dismissed. January 2, 2013. A friend of the blog mentioned that I should have included one additional case,. Brink v. XE Holding, LLC. In the Top 5 list. I think he was right. Thirty-one contractor employees brought a purported class action against their employers and their employer’s insurers, alleging. Hall v. C and P Tel. Co. The Plaintiffs could not escape the exclusivity provisions of the LHWCA and DBA. Their complaints ...

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Limitation of Liability |

http://navwaters.com/category/limitation-of-liability

Mouledoux, Bland, Legrand & Brackett. Limitation of Liability Claim Dismissed as Time Barred. July 2, 2015. The Limitation Act allows a vessel owner to limit liability for damage or injury to the value of the vessel or the owner’s interest in the vessel. To invoke the protections of the Act, the vessel owner must bring an action in district court within six months after a claimant gives the owner written notice of a claim. At the heart of the dispute in. In re The Complaint of RLB. The Court ruled that a...