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:
Links to Briefs:
Brief of Petitioner CSX Transportation
Brief for Respondent Robert McBride
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Drapela v. United States, 2011 U.S. App. LEXIS 5975 and can be found here.
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 It is unpublished, and therefore of limited precedential value, but does show the effect of a non-disclosure of pre-existing physical condition on a claimant’s later maintenance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 The trial court held it was and the Fifth Circuit affirmed in an unpublished decision.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
New admiralty case from the Fifth Circuit Court of Appeals. The case regards the negligence standard for maritime personal injury cases, as governed by federal maritime law.
The case is Regan v. Starcraft Marine, 2011 U.S. App. LEXIS 5192 and can be found here.
The opinion is unpublished, and therefore not precedential, but
Aloha and welcome to the latest blawg to grace Hawaii's legal community. Alston Hunt Floyd & Ing's Litigation Practice Group has launched www.hawaiilitigation.com. Not surprisingly, their initial posts are full of pearls of wisdom for the business community generally and the legal community specifically.
Louise Ing's post on courtroom attire was spot on and
Update on a Longshore and Harbor Workers Compensation Act case from the Ninth Circuit Court of Appeals. The court has denied rehearing en banc in the case of Pedroza v. BRB, 2010 U.S. App. LEXIS 27063 which can be found here.
Facts: A harbor worker was unloading materials from a Navy vessel and struck a 440
Hat tip to a reader who sent two documents relating to the Horizon Coastwise Antitrust case. I posted about a parallel civil companion case here.
The Department of Justice Press Release is here. The Sentencing Memorandum is here.
Per the Press Release:
Horizon Lines LLC has agreed to plead guilty and to pay
Brand new case on the Death on the High Seas Act. My quick read shows a circuit split with 2nd Circuit on the applicability of the DOHSA in the band of water between 3 and 12 nautical miles from shore. Will review and comment later, but the case is Helman v. Alcoa Global Fasteners and
New case from the Sixth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of United States v. Canal Barge Co., 2011 U.S. App. LEXIS 460 and can be found here.