Situs and Status Tests for Rail Yard Workers: Claimant worked for Employer for twenty years when he became aware that his exposure to workplace noise had caused hearing loss. He brought a claim under the Longshore Act. He argued that although he worked as a trackman operating switching engines, he sometimes worked on a track near a shipping channel and was a member of the longshoreman’s union, thus, he was a longshoreman under the Act. Employer controverted the claim on the grounds that Claimant never worked on, over, or adjacent to navigable waters. Employer further argued that switching cars was
Author: Maro Petkovich, Jr.
Mr. Petkovich serves as the firm’s managing partner. His practice centers on representing regional and national lending institutions. He also handles estate planning, successions, and personal injury matters on a routine basis.
“Vessel” is not Limited to Vessels Engaged in Commerce: Plaintiff was injured while aboard Defendant’s pleasure yacht in 2011. In 2015, Plaintiff filed a negligence based lawsuit in federal court. Defendant filed a motion to dismiss on the grounds that the statute of limitations for a maritime tort barred the claim. Plaintiff argued that the maritime statute of limitation did not apply because his case was not maritime in nature since he was aboard a pleasure yacht rather than a seagoing vessel. The court found that Defendant satisfied both the locality and nexus tests, and because admiralty jurisdiction was established the three-year
Design-Build Contracts Authorized for Tunnel Replacements: Louisiana state law prohibits design-build contracts unless an exception is made by the legislature. The ban against design-build contracts stems from the thought that it gives too much power and money to a single firm, rather than having two or more firms design and build infrastructure projects separately. However, proponents point out that such contracts often save time and money. The Louisiana Senate and Governor Jindal agreed with the latter, leading the governor to sign into law Senate Bill 159. The obvious impact for New Orleans will be two new ferries replacing the aging
Air Conditioning is not a Constitutional Right for Death Row Inmates: Three death row inmates at Angola filed suit against the Louisiana Department of Corrections and various officials alleging that the lack of air conditioning on death row amounted to a violation of the Eighth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act. The inmates argued that their health conditions were made worse by high temperatures, and that their being kept in hot cells amounts to cruel and unusual punishment. The trial court ruled in favor of the Eighth Amendment claim but rejected the disability claims. The trial
Factors in Deciding OCSLA Jurisdiction: Plaintiff filed suit under the Outer Continental Shelf Lands Act (OCSLA), alleging injuries to his left elbow, cervical spine, and lumbar spine as the result of an accident that occurred while working on Ram-Powell, a tension-leg fixed platform, located in the Gulf of Mexico in Viosca Knoll Block 956. The parties agreed that under OCSLA the substantive law for injuries occurring on fixed offshore platforms located on the outer continental shelf is the law of the adjacent state. However, they disagreed as to which state’s law applied. Plaintiff argued that Louisiana law should apply as it
A Mineral Lessee does not Have a Duty to Police the Waterways: In June 2014, Plaintiff was checking his crab traps when his skiff struck a submerged piling. Plaintiff’s vessel was damaged by the collision, and he sustained injuries to his head, neck, back, and other areas. He alleged that the negligence of Hilcorp Energy Company and Roustabouts, Inc. caused the accident. It is well established that a private company assumes liability for damages resulting from a collision of a boat with an obstruction in navigable waters when it has ownership, custody or is responsible for placement of the obstruction in the