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Hercules Offshore, Inc., 2014); Barker v. Hercules Offshore, Inc., 2014); Barker v. Hercules Offshore, Inc., See Barker v. 3d 208, 224 (5th Cir. Here, the court again left the question open, finding that the complaint failed to satisfy either the physical-injury test or the zone-of-danger test. 2021 WL 96168 at *2.
In August 2018, while working on a rig owned by Enterprise Offshore Drilling, LLC (“Enterprise”), Sanchez was injured when he tripped on a pipe welded to the deck. Enterprise Offshore Drilling LLC , 376 F.Supp. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. He worked day shifts and returned home every evening.
2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. The district court denied the defendant’s motion to strike the punitive damages claim; the Ninth Circuit affirmed. This decision set up a split in the circuits, because three years earlier the en banc Fifth Circuit in McBride v.
The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.
The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.
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