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Commercial Lease Considerations in the Wake of Hurricane Laura

The Energy Law

Being familiar with your lease agreement is the key to understanding the extent of your rights and responsibilities, especially as they pertain to repair obligations, obligations regarding the payment or reimbursement of insurance deductibles, insurance recovery, and rights to termination and reduction (abatement) of rent.

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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. Mandara Spa (Hawaii), LLC , the appellant seaman brought claims under the Jones Act and general maritime law for failure to pay maintenance and cure related to certain bodily injuries. Atkinson , 369 U.S.

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Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

The Energy Law

DePerrodil held that the collateral source rule allows a plaintiff, in a maritime personal injury action against a third party, to recover only the amount of medical expenses paid by the plaintiff’s employer’s Longshore and Harbor Workers’ Compensation Act (“LHWCA”) insurer. DePerrodil’s medical providers billed the insurer $186,080.30

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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

Townsend case, in which a 5-4 majority opinion (written by Justice Thomas) ruled that punitive damages were available to a Jones Act seaman whose employer arbitrarily and capriciously fails to pay the injured or ill seaman maintenance and cure.

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Opportunity to Minimize the New Tax on 501(c)(3) Exempt Organization Employee Parking

The Energy Law

EO Owned/Leased Parking Facilities Alternatively, an organization may own or lease a parking lot or garage.

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The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law

In September 2012, Black Elk hired Compass Engineering and Consulting, LLC (“Compass”) to draft construction plans for maintenance on the platforms. Srubar, along with other Wood Group personnel conducted safety inspections on the platforms and were in charge of issuing “hot work” permits for tasks that could emit sparks, such as welding.