In a recent decision, the U.S. Fifth Circuit took a broader approach to evaluating seaman status, which could subject more maritime employers to claims brought under the Jones Act. The Jones Act provides a seaman with a cause of action for negligence against his or her marine employer. Importantly, only those who qualify as seaman … More» The post Defining a Seaman: Fifth Circuit Reinforces Protections to Maritime Workers Under the Jones Act appeared first on MBLB ..read more

We reported on a few pending bills during Louisiana’s legislative session. Now, with the session closed and the Governor’s veto-time running out, we take the opportunity to provide a roundup of some of the more important pieces of legislation for personal injury cases. Note that this is a summary of some legislation that we deemed the most important; this is not an exhaustive list, nor is it a complete analysis of what this legislation might mean. Feel free to contact any one of our attorneys if you have questions or concerns about any of these or other pieces of legislation. Extension of Pres ..read more

In determining whether maritime claims are governed by the laws of the United States rather than the conflicting law of a foreign nation, courts apply the Lauritzen-Rhoditis factors set forth by the Supreme Court: (1) the place of the wrongful act; (2) the law of the flag; (3) the allegiance or domicile of the injured worker; (4) the allegiance of the defendant shipowner; (5) the place of the contract; (6) the inaccessibility of the foreign forum; (7) the law of the forum; and (8) the shipowner’s base of operations.[1] On May 1, 2024, in Ganpat v. E. Pac. Shipping PTE, Ltd., the Fifth Circuit ..read more

In the 2024 Legislative Session, the Louisiana Legislature followed suit with the Federal Rules of Evidence, as it often does, and incorporated changes to its own Code of Evidence based on recent Federal amendments. Rule 702 of The Federal Rules of Evidence were modified on December 1, 2023, in order to further distance juries from unreliable “expert” opinions. The changes to Rule 702 were as follows: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if  ..read more

Mouledoux, Bland, Legrand & Brackett was proud to be a sponsor of the 2024 Loyola Maritime Law Journal Banquet, which was held on April 11, 2024. Katie Briuglio, Tyler Loga, Abby Unsworth and Linda Castanz attended the annual banquet, which honors the present and incoming board and all members of the Journal. The law students and faculty members of Loyola University New Orleans College of Law always do a tremendous job putting on the event. The Honorable Brandon Long, the newly appointed United States District Judge for the Eastern District of Louisiana, was the keynote speaker. From the w ..read more

Often, the reach of admiralty law affects civil disputes. This includes cases that involve vessel collisions, seamen’s personal injury claims, and disputes relating to shipping and carriage contracts. From time to time, however, events arise that spill over into the realm of criminal law. Criminal acts are generally governed by state law or “shore-side” federal statutes. But misconduct in vessel operations can also constitute a maritime criminal offense and result in federal prosecution in the courts’ exclusive admiralty jurisdiction. Such was the case in United States v. Echevarria, which ste ..read more

On February 21, 2024, the United States Supreme Court made its first ruling in a maritime case in nearly 70 years. The Court unanimously held that choice-of-law provisions in maritime insurance contracts are presumptively enforceable under federal maritime law. Great Lakes Ins. SE v. Raiders Retreat Realty Co. – Background In Great Lakes Ins. SE v. Raiders Retreat Realty Co., when a yacht ran aground, the yacht owner submitted a claim with the marine insurer under its policy.[1] The marine insurer denied coverage on the grounds that the owner misrepresented the yacht’s fire-suppression sy ..read more

The Safer Seas Act (SSA) was enacted as part of the National Defense Authorization Act for the fiscal year of 2023 to combat sexual assault and harassment (SASH) aboard vessels in the wake of the Midshipman-X scandal that rocked the maritime industry in September 2021. The SSA includes significant changes for those in the maritime industry, specifically for vessel owners and operators. Notably, it creates new reporting mandates and procedures for owners and operators of U.S.-flagged commercial service vessels to report SASH incidents. The Act also empowers the United States Coast Guard (USCG ..read more

Maritime accidents often serve as arenas for legal clarification and refinement, shaping the standards by which negligence and liability are determined on the open waters. A recent case, Marquette Transp. Co. Gulf-Inland, L.L.C. v. Navigation Mar. Bulgare JSC, provided an opportunity for the 5th Circuit Court of Appeals to revisit and clarify the standard of evidence necessary to establish negligence claims against riverboat pilots in Louisiana waters. The suit revolved around the collision between two vessels on the Mississippi River. While the damage from the collision was modest, the legal ..read more

Venue selection agreements can provide maritime employers some certainty with respect to the venue where they will be subject to employee litigation. Judge Fallon of the Eastern District of Louisiana recently granted a motion to transfer venue in a Jones Act personal injury case involving two different venue selection agreements. Pre-Accident and Post-Accident Agreements In Kennedy v. Marquette Transp. Co., the plaintiff first entered into a venue selection agreement before his accident that required claims brought against his employer be filed in federal or state court of Paducah, Kentucky. T ..read more