Judge Ivan Lemelle of the Eastern District of Louisiana re-affirmed the U.S. 5th Circuit’s holding in Amoco Transport Co. v. S/S Mason Lykes, 768 F.2d 659 that the long-standing exclusionary doctrine from Robins Dry Dock v. Flint, 275 U.S. 303, 48 S. Ct. 134 (1927), does not apply when a damaged party shifts some of
Latest from Louisiana Law Blog - Page 27
U.S. Fifth Circuit Reaffirms Importance of Actually Working on Vessel for Seaman Status
The U.S. 5th Circuit recently re-addressed the standing law on seaman status in the Circuit in Alexander v. Express Energy Services Operating, L.P., No. 14-30488. In that case, Alexander was injured while working on Express’ P&A crew on an Apache platform. As a member of the P&A crew, his job was to ensure that “everything
Kean Miller, United Policyholders Secure Victory for Insureds at the Louisiana Supreme Court in Kelly v. State Farm
On May 5, 2015, in Kelly v. State Farm Fire & Cas. Co., 14-1921 (La. 5/5/15); 2015 WL 2082540, the Louisiana Supreme Court, in response to certified questions from the U.S. Fifth Circuit Court of Appeal, issued a unanimous decision reaffirming and clarifying the duties owed by insurers to their insureds. The Kelly Court concluded
Louisiana Supreme Court Renders Landmark Decision in Hearing Loss Tort Claims
The Louisiana Supreme Court rendered a landmark decision on May 5 holding that gradual hearing loss tort claims against employers are barred because those claims are compensable under the Louisiana Workers Compensation Act (“the Act”) as an “occupational disease” under the Act’s post-1975 definition of that term and as an “accident” under the Act’s pre-1990
Googling the Marketplace of Ideas
For many inventors, the grant of a patent application is quite exciting. However, once the inventor seeks to market their invention, they can find the process costly and overwhelming. Often when small companies or solo inventors develop new ideas that are later patented, they discover that manufacture or use of the patented invention is unmanageable
EPA Establishes New Refinery AP-42 Emission Factors: No Revision to Flare Nitrogen Oxide (NOx) Factor
Last year, the EPA announced its intention to add or modify a number of AP-42 emission factors, primarily for petroleum refineries, pursuant to a consent decree entered into with Air Alliance Houston, Community In-Power and Development Association, Inc., Louisiana Bucket Brigade and Texas Environmental Justice Advocacy Services (“Plaintiffs”). The EPA informally solicited comments on its
New Federal Regulations Seek Federal Contractor Assistance with Preventing Human Trafficking
The United States has long had policies prohibiting government employees and government contractors from engaging in trafficking of persons, and the recent Executive Order, titled “Strengthening Protections Against Trafficking in Persons in Federal Contracts”, and Title XVII of the National Defense Authorization Act for Fiscal Year 2013 have served to heighten the requirements on federal
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Expanding Mechanical Integrity to Cover Any Safety-Critical Equipment
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
The “New” Mexico: The Status of Mexico’s Energy Reform and How United States’ Companies Can Benefit
On Thursday, March 26, 2015, Petróleos Mexicanos (Mexico’s national oil company better known as Pemex), BlackRock Inc., and First Reserve Corp announced a major investment project that will bring U.S. natural gas to central Mexico. This $900 million USD transaction represents the first large scale infrastructure investment in Mexico since its energy sector was opened
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Requiring Third-Party Compliance Audits
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013 ). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating