March 2011

The U.S. Coast Guard has released its “Incident Specific Preparedness Review” for the Deepwater Horizon oil spill of 2010.  Fox is reporting that this report suggests the Administration slowed some of the flow of information from the responders.

BPDWH 4 

The Commandant of the Coast Guard’s approval memorandum states:

On February I, 20II, I received the

CSX Transportation v. McBride

Question presented: 

Whether the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60, requires proof of proximate causation.

Link to Docket:

Docket Link

Links to Briefs:

Brief of Petitioner CSX Transportation 

Brief for Respondent Robert McBride

Reply Brief of Petitioner CSX Transportation

Brief for the Association of American Railroads in Support

New maintenance and cure case from the Fifth Circuit Court of Appeals.  It is unpublished, and therefore of limited precedential value, but does show the effect of a non-disclosure of pre-existing physical condition on a claimant’s later maintenance and cure claim.  In this case, the employer obtained summary judgment and the Plaintiff’s claims dismissed because

New marine insurance case from the Fifth Circuit Court of Appeals.  It relates to whether a “bumbershoot” insurance policy is a marine contract, giving the federal court admiralty jurisdiction.  The trial court held it was and the Fifth Circuit affirmed in an unpublished decision.  The insurer did prevail on its attempt to have New York