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Aaron Dale Burkeen
arbitration clauses
benzene
borrowing employer
BP
BP oil spill
California Court of Appeal
cancer
Deepwater Horizon
forum non conveniens
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kidney cancer
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Litigation
Mack Shelby v. SeaRiver Maritime
oil
Oil Pollution Act
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vessel
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Issue of Jones Act “Vessel” Status is Fact-Intensive
Noting that whether a vessel is or is not “in navigation” for Jones Act purposes is a fact-intensive question normally for the jury, and not the court, to decide, a Texas court reversed a state trial court’s decision granting summary...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
US: Gulf of Mexico Oil and Gas Spar is Not a “Vessel”; Jones Act Claim Fails
A worker employed on “the Mad Dog,” an oil and gas spar platform in the Gulf of Mexico on the Outer Continental Shelf and injured when he was testing one of the Mad Dog’s lifeboats was not a “seaman” under the Jones Act and...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Federal: Cook Was not a Seaman: No Jones Act Liability on Part of Employer
A cook, who spent approximately 6 out of a total of 195 days of his employment engaged in seaman’s work aboard the quarterbarge UNITY was not a seaman under the 30 percent status test set forth in Chandris, Inc. v. Latsis , 515 U.S. 347 (1995),...
Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Federal: 5th Circuit Finds Offshore Platform Welder Was Not “Seaman” for Jones Act Purposes
The Fifth Circuit Court of Appeals affirmed a federal district court’s grant of summary judgment in favor of a borrowing employer who had been sued by its borrowed employee, a welder, after the welder sustained injuries when gasses exploded while...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Employment Status
Texas: Oil Well Maintenance Worker Was Not a “Seaman” Under Jones Act
A oil-rig “floorman,” whose duties included assembling, cleaning, and disassembling blowout preventers and piping on oil rigs, was not a “seaman” under the Jones Act [46 U.S.C.S. §§ 30104-30105] since he failed to demonstrate...
Cadwalader OneWorld International Practice
over 11 years ago
International Law
International Law Blog
Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration
By Louis M. Solomon Alcalde v. Carnival Cruise Lines , Case No. 10-24457-Civ-Moore/Torres (S.D. Fla. July 2011) [ enhanced version available to lexis.com subscribers ], is another in the line of recent cases struggling with the interplay between the...
Doug Esten
over 8 years ago
International Law
International Law Blog
Supreme Court Denies Cert, Refuses To Consider Order Compelling Arbitration
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 9 denied a petition for certiorari filed by a seaman who sought review of a decision that his injury-related claims must be arbitrated under his employment contact with a cruise...
Lisa M. Hickey
over 8 years ago
International Law
International Law Blog
Supreme Court Denies Cert, Refuses To Consider Order Compelling Arbitration
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 9 denied a petition for certiorari filed by a seaman who sought review of a decision that his injury-related claims must be arbitrated under his employment contact with a cruise...
Keith Lee, Esq.
over 12 years ago
Workers' Compensation
Workers' Compensation Law Blog
Oil Spill Likely to Lead to Future Workers’ Compensation Claims
On April 20, 2010, Transocean’s Deepwater Horizon drilling rig exploded, leading to 1.3 million gallons of crude oil leaking into the Gulf of Mexico per day. By comparison, the Exxon/Valdez spill, which has long been considered the worst environmental...
Larson's Spotlight
over 11 years ago
Workers' Compensation
Workers' Compensation Law Blog
Five Recent Workers’ Comp Cases You Should Know About (7/8/2011) – Supreme Court Says FELA Does Not Use Common Law Concept of Proximate Cause
Larson's Spotlight on FELA, Malicious Prosecution, Tort Action Against Employer, Jones Act, and Retaliatory Termination. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...
Christopher Bauer
over 12 years ago
Litigation
Litigation Blog
House Passes Bill Allowing Oil Spill Victims To Recover Noneconomic Damages
WASHINGTON, D.C. - (Mealey's) In a move that would allow families of workers killed in the Deepwater Horizon oil rig explosion to sue for noneconomic damages, the U.S. House of Representatives on July 1 passed H.R. 5503, the SPILL Act (Securing Protections...
Tom Moylan
over 12 years ago
Litigation
Litigation Blog
Supreme Court Rules Vaccine Lawsuits Are Federally Preempted
WASHINGTON, D.C. --(Mealey's) A 6-2 U.S. Supreme Court majority on Feb. 22 ruled that the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts tort claims asserting design defect against vaccine manufacturers ( Russell Bruesewitz, et al...
Christopher Bauer
over 12 years ago
Litigation
Litigation Blog
Workers Injured In Gulf Of Mexico Oil Rig Explosion File Complaint In Texas
HOUSTON — (Mealey’s) Three injured workers and the widow of a man killed in the explosion on the Deepwater Horizon oil rig off the Louisiana coast last month filed a personal injury and wrongful death action in a Texas state court on May 4...
Michael Lefkowitz
over 12 years ago
Litigation
Litigation Blog
California Appeals Court Affirms $8 Million Benzene Injury Verdict
SAN FRANCISCO -- (Mealey's) A California appeals court has affirmed an $8 million judgment to a seaman who blamed benzene exposure aboard oil tankers for the loss of a kidney to cancer, saying Feb. 18 that scientific certainty is not required for...
LexisNexis Workers' Comp Law Newsroom Staff
over 13 years ago
Workers' Compensation
News Headlines
Obama's Plan to Expand Offshore Drilling Would Increase Jones Act, General Maritime, Longshore Act Claims
WASHINGTON, D.C. - As noted by Bohrer Law Firm, LLC, President Obama's plan to expand offshore drilling would inevitably lead to an increase in maritime accidents and filings under the Jones Act, general maritime law and Longshore and Harbor Workers'...